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  • Posted on 4/23/2014 Iowa gun laws as revised for 2011 took discretion away from permit issuers

    New gun laws took effect in Iowa on January 1, 2011, with lawmakers looking to reduce inconsistencies in the law by taking power out of the hands of sheriffs and into the hands of those wanting to carry weapons.  Before 2011, sheriffs or commissioners could deny or restrict permits arbitrarily, but they cannot do that anymore



    If you are denied a permit to carry or a permit to acquire, or if either permit is suspended or revoked, the sheriff or commissioner who made the denial, suspension or revocation has to give you a written statement explaining why, and the reasoning in that statement has to be within the law.   In particular, issuers also may not restrict permit holders from drinking while carrying weapons, or from openly carrying weapons.  Legitimate factors that would exclude you from holding a permit to carry include that you’re under 18, that you’re an alcoholic, and that you’ve failed a background check.  Legitimate factors that would exclude you from holding a permit to acquire are similar.  If you disagree with the reasoning of the issuer, you can appeal the decision.



    If you hold a nonprofessional permit to carry (i.e. your permit is unrelated to your work), your permit to carry is valid for five years rather than one, the old standard.  Note that you may still be subject to an annual background check, which could affect the validity of your permit.



    If you were unjustly denied a permit to carry or a permit to acquire, or if your permit was suspended or revoked, the Lombardi Law Firm is interested in your case.  I like to say to my clients, "Help me to help you."  If we can help you call the Lombardi Law Firm to speak with attorneys Steve Lombardi and Katrina Schaefer. We can be reached at 515-222-1110 or by emailing us at sdlombardi@aol.com and katrina.schaefer8@gmail.com. We look forward to your call.

  • Posted on 4/22/2014 Waiting for regulations to prevent potentially-fatal dust fires in factories

    It can happen in wood mills, grain mills, sugar factories, and plastic plants: Combustible dust particles become airborne in a confined space, they overheat, are sparked, and ignite, causing an explosion.  If the plant isn’t completely clean, that explosion will knock more dust particles loose and cause another, usually larger, explosion.  This happened at the Imperial Sugar Factory Company in Georgia in 2008: multiple explosions caused by accumulated and airborne sugar particles killed fourteen workers and injured dozens more. 



    The U.S. Chemical Safety and Hazard Investigation Board discovered after the fact that “[e]levated areas were infrequently cleaned so sugar dust accumulated to dangerous levels,” and the Board’s Investigation Report contains numerous photos of the scene of the accident, with sugar piled up like snow.  The investigation turned up correspondence among factory management dating as far back as 1961 acknowledging that explosive dust could be a problem; a 1967 memo from a refinery engineer stated, “We make a lot of dust in the plant and have had a very inefficient dust collecting system[;] consequently, it has been hopeless to try to keep the dry end of our plant clean.”



    This past January, a plant belonging to International Nutrition collapsed in Omaha, killing two workers and injuring four others.  The collapse is being tentatively attributed to a dust explosion caused by caused by the use of rice hulls, although the plant owner denies that the company worked with products that caused explosive dust.  According to the Wall Street Journal, the Occupational Safety and Health Administration (OSHA) has compiled data showing that from 1980 to 2011, more than 450 dust fires or explosions occurred, killing 150 people and injuring 900.



    The trouble at hand now is that we’re still waiting for OSHA to come out with a set of rules to prevent dust explosions. According to OSHA’s deputy assistant secretary of labor Jordan Barab, it’s tough to come up with a set of rules to prevent dust explosions that are technically and economically feasible for the large range of factories that create dust.  Industry groups agree, although there is no word from the workers themselves.



    Because we don’t know what the rules to prevent dust explosion will be, we don’t know how much it will cost plant owners.  It would likely require plants to be cleaner, to reduce the presence of ambient dust; better ventilated or cooler; and less dry.  But according to Mr. Barab, OSHA is still years away from issuing these rules.



    Maybe you’ve been injured in a dust explosion at your workplace and you need someone to help you get your life back on track.  I like to say to my clients, "Help me to help you."  If we can help you call the Lombardi Law Firm to speak with attorneys Steve Lombardi and Katrina Schaefer. We can be reached at 515-222-1110 or by emailing us at sdlombardi@aol.com and katrina.schaefer8@gmail.com. We look forward to your call.

  • Posted on 4/21/2014 Fired for breaking a rule that’s never enforced? Too bad, it’s still misconduct

    At some point on your first day of your employment, you were probably given a booklet or pamphlet explaining the duties you owe your employer.  Your boss or a human resources employee may have explained it to you just before you signed off agreeing you'd receive the personnel manual.  Maybe at some point, that person said, “Oh, this rule gets broken all the time.”  The thing is, if somewhere along the line you break that rule and get fired for it, you are being fired for misconduct.  And if you are fired for misconduct, you cannot get unemployment benefits in Iowa. Misconduct is misconduct with few exceptions. Not to say we can't win some of these cases, but generally speaking don't get fired for misconduct. 




    My mother was fond of saying, "Two wrongs don't make a right." I suspect her saying applies in this case. Steve Lombardi




    Administrative Law Judge Susan D. Ackerman decided as much on March 3rd, 2014.  In the case of Ben Schweitzer v. Hy-Vee, Inc., assistant manager Ben Schweitzer was fired after he took a bottle of juice during his shift and drank it without paying for it.  Whether he intended to pay for it is unclear.



    “Misconduct that disqualifies an individual from receiving unemployment insurance benefits occurs when there are deliberate acts or omissions that constitute a material breach of the worker’s duties and obligations to the employer.…When a claimant intentionally disregards the standards of behavior that the employer has a right to expect of its employees, the claimant’s actions are misconduct.”



    The Judge decided that since Mr. Schweitzer took company property, he committed a serious violation of the duty owed to his employer. 



    There were a few other factors that the Judge mentions in her decision as well: first, Mr. Schweitzer had previously signed a copy of the company policies, which included a prohibition on taking employer property without paying for it.  Second, he admitted that his behavior wouldn’t have been tolerated if a customer had done it.  Third, although he claimed that the policy wasn’t enforced, he didn’t provide any evidence of that other than his own testimony—the testimony of someone who had essentially stolen property of the employer.



    Perhaps even if Mr. Schweitzer had done all of these things, he still would have been found to have committed misconduct and denied unemployment benefits.  What I'm learning from working with Steve and Katrina is that hiring a lawyer matters. Having a lawyer to confer with about the process and how testimony matters I am finding out that had he had a lawyer, he might have fared better because they know how to use a subpoena to get the testimony you need. They aren't shy about subpoening witnesses or documents that may have proven what he did was not out of the ordinary for HyVee employees behavior.  In any event, in this case at least, now we know that all of those rules in that handbook matter.



    I like to say to my clients, "Help me to help you."  If we can help you call the Lombardi Law Firm to speak with attorneys Steve Lombardi and Katrina Schaefer. We can be reached at 515-222-1110 or by emailing us at sdlombardi@aol.com and katrina.schaefer8@gmail.com. We look forward to your call.

Des Moines Accident Attorney Serving All of Iowa And Answering Questions About Personal Injury Accidents

Steve Lombardi
Iowa civil trial, workers' compensation and personal injury lawyer

Straight talk when you need it most.

Exploring Recent Personal Injury News From Around the State of Iowa

What's my case worth? What should I do right after the accident? Why is the case manager working against me? These are all questions we often are asked and these answers can all be found at the Iowa Injury Law Center. If you have a question that isn't answered or just want to talk to a personal injury lawyer, contact Steve. 515-222-1110 or sdlombardi@aol.com. He looks forward to speaking with you.

Personal injury law is our business and for the past 30+ years Steve Lombardi has assisted hundreds of clients with personal injury. Clients come from all over Iowa, we do travel and have handled cases in most of Iowa's 99 counties. Let us help you or at least help you get to the right attorney. Currently the worst personal injury cases come from interstate highway accidents, drunk driving collisions, rollover accidents, work related injuries, explosions, electrocutions, falls and spinal chord injuries. We've handled most every type of personal injury case in Iowa and would like to evaluate your case. So call us before you talk with the insurance adjuster.  




Free Legal Questions


http://www.lawguru.com

We pride ourselves telling you what you need to hear not what you want to hear.

Accidents.  They happen anywhere, anytime.  You cut your finger with a knife in the kitchen.  You spill your morning cup of coffee.  You slip on a patch of ice and fall.  Accidents at home are painful and perhaps embarrassing but certainly manageable.  When they happen on the road or on the job, however, they become devastating. 

Whether you’re involved in a serious car wreck, an accident with a truck, or hurt on the job, you’ll find yourself potentially out of work and out of money.  What if you lose your eyesight or a limb?  Your bills will pile up, especially those never ending medical bills that can result in your insurance company raising rates or worse yet, refusing to cover you.

Even though you’re the victim, it seems as if nobody wants to help you and everyone who is supposed to be helping you, wants to blame you. Trying to handle the situation without professional assistance can be just as terrifying as the injury itself.  

At these times, personal injury attorney Steve Lombardi can help.  With over twenty-six years of experience representing civil trial clients in central Iowa, he knows the law and can achieve results for you.   His practice includes personal injury cases; car, truck, motorcycle, and boat accidents; major injury cases including brain damage, loss of limbs, loss of eyesight, death and surgical cases; workers’ compensation; professional malpractice; and a limited number of divorce cases in which significant and valuable property must be divided.

Lombardi Law Firm is located in West Des Moines, Iowa, and serves clients from Polk, Dallas, Madison, Warren, Clarke, Cerro Gordo, Jasper, Linn, Wapello, Clinton, Scott, Pottawattamie, Muscatine, Lee, and Johnson counties, including accidents occurring along the interstate highways I-80, I-35, I-235, and I-380.

Steve Lombardi is the kind of lawyer who cares deeply about his clients.  Just like many of his clients, he too has experienced the breakdown of the health-care system.  When he was thirteen, his father died of lung cancer.  The doctors gave his father no real help.  For two years before his father’s death, they diagnosed a pulled muscle.  Before going to law school he had never been in a lawyer’s office, because his family couldn’t afford legal services.

From those experiences, he draws a great desire to help his clients win their cases involving any type of malpractice, and serious injury, a desire to help his clients find some justice in an imperfect world.  He prides himself on always telling clients what they need to hear not just what they want to hear.

In the pursuit of justice, Steve Lombardi believes his clients are necessary partners in building the evidence that will be used in court:  active, responsive clients with some understanding of the process have the best chance of success.  He is passionate about the work he does and enjoys working closely with his clients to collect the evidence supported by the legal theory.  He believes there are no small issues in a case because every detail could turn a case in the client’s favor. 

Steve Lombardi works very hard to positively impact his clients’ lives.  And while he recognizes that not every case can be won, he just hates to lose.  Justice delayed is justice denied. You can be sure Steve Lombardi will use all of the legal tools available to fight for you, and to win your case.

This week I'm stressing highway safety.  With the cold wintry weather there have been a lot of accidents, injuries and deaths on Interstate 80, 35, 235 and all the other highways in Iowa. I've been posting on some of them.

There are snow plows and Interstate Highway Workers out there and when you see one get over to the side, giving them plenty of room, stop and let them go by or get over and stay clear of the work area. Don’t challenge them or be impatient with these workers. They have a job to do and you challenging them for the road is going to get you no where fast. So back off and let those guys do their job.


BlogBurst.com 

Adventure Travel

The adventure travel business is big in the United States and for that matter all over the world.  In the year 2000 the estimated worldwide revenue was $154 billion and was growing at a 20% annual growth rate.  See Adventure Travel Industry Growth Statistics, Christina Heyniger, Xola Consulting. This industry is unregulated and the certifications the guides obtain are of limited comfort because the associations regulating those guiding services have no enforcement mechanism. The release documents the adventure travel customers sign completely relieves the guiding service of any wrongdoing these Generation X "kid" guides do on the trip. I've travelled all over the world and have some observations from my experience. I invite others to join in with comments and if you write to me I'll respect your privacy, if you want me to, and will use your experiences, both good and bad to make everyone aware of the pitfalls. So come join us with Adventure Travel.

Ag-Law Farm Accidents

Iowa farm families when suffering accidental injury can count on the Lombardi Law Firm to assist them in handling their insurance claims. If you need assistance with an insurance claim give us a call. We handle accidental rollover cases, highway collisions, injuries by equipment, grain dust cases, grain bin suffocation cases, explosions, burns from explosions and electric shock, electrocutions and chemical poisonings. If your accident isn't in this list, call us to see if we can assist you. For 30 years we've helped Iowans just like you to recover fairly. Call us at 515-222-1110 or write to Attorney Lombardi at sdlombardi@aol.com

Boating Accidents

Boating safety is a major concern for those who own or operate a boat on Iowa's lakes and rivers. On this site we focus on boating safety and how boaters get themselves in "hot water" with liability. If you're hurt while on the water you should immediately contact a quallified attorney and seek legal advice about how to gather and preserve the evidence you may later need to protect your rights.

Campus and School Accidents

Going to college is an exciting time in a young adult's life. But the college life is one where freedom causes those not yet ready for responsibility to experiment with the bounds of reason leading to unique ways people are injured. Join us at Lombardi Law Firm as we catalogue the university milieu and personal injury in America.

Car and Tractor Trailer Accidents

Although tractor trailers are a vital part of the American economy, their presence on the roads presents a significant problem while car drivers fail to respect them. The accidents are often severe, resulting in spilled products, bad wrecks, and possible death. If you are injured in an accident involving a tractor trailer along the highways of central Iowa, Steve Lombardi of the Lombardi Law Firm in Des Moines can help you handle these troubling times. Call 515.222.1110 for a free consultation.

Car Damage Property Accident Lawyer

With over 30 years of Iowa property damage and personal injury accident law we provide the law experience you need to maximize your personal injury recovery in any property damage case. If you have questions about property damage here are the answers to your questions. Due in part to the number of questions we get about property damage and how to settle the property claim after an accident the Lombardi Law Firm has created this page with a list of commonly asked questions. If your suit has significant personal injury or death claims we invite you to contact us about your case, but due to the time involved in answering questions (and the fact we still have to pay the bills around here) we do not allow non-client questions for just property damage. Clients may contact us at 515-222-1110 or 800-383-0331 or sdlombardi@aol.com.

Client Trial-Deposition Preparation

Lombardi Law Firm believes in trial preparation. We don't rely on luck to win your case. Instead we prepare you from the first moment we talk with you. What we do is listen to how you talk, think and most importantly answer questions. You can be successful if you are prepared correctly. Not all attorneys take the time to properly prepare their clients. We do.

Construction Site Personal Injury Accidents

Construction Site Personal Injury Accidents - Despite attempts to improve safety at construction sites by updating the regulations about equipment and producing detailed safety information, construction sites remain one of the most dangerous workplaces. If you are injured while working on a construction site, contact personal injury attorney Steve Lombardi as soon as possible to help with getting the relief you’re owed.

Criminal Law

Criminal law in Iowa is an interesting exercise in police power and the State of Iowa flexing it's muscle to collect fines and police the state. If we can help you find the right legal counsel to defend you against criminal charges contact Attorney Steve Lombardi at sdlombardi@aol.com or 515-222-1110. 

Dog Bite Accident Lawyer

With over 30 years of Iowa personal injury accident law we provide the law experience you need to maximize your personal injury recovery in any dog bite case.

Drunk Driving Iowa Personal Injury Accidents

Drunk Driving, Alcohol and Personal Injury and Wrongful Death Accidents in Iowa

Guns & Handgun Rights

If you want to carry or (buy) acquire a handgun, rifle, or revolver and you’re running into obstacles, the Lombardi Law Firm is here to help.  Based in Polk County, Iowa, lawyers Steve Lombardi and Katrina Schaefer practice statewide and are prepared to guide you through the getting, keeping, or renewing your permit to acquire or permit to carry weapons. And if you are a gun owner and need legal help we are here to help you with your legal problems.

Here are some of the services we can provide:

  • We can help you apply for a permit to acquire.  If you don’t already have a permit to carry, then you need to get a permit to acquire if you want to get a pistol or revolver. This is a fairly simple process.
  • We can help you apply for a permit to carry.  If you want to carry a loaded firearm in public in Iowa, you need a permit to carry.   We can help you apply.  Need help becoming eligible?  We can help.  Need to know what rights your permit to carry gives you?  We can help you there too. We can also direct you to where to take the concealed or carry permit instruction course.
  • We can defend you if you’ve brought your gun somewhere you shouldn’t have.  Did you bring your gun into a business that has a policy against guns?  Are you facing a trespass charge for being ready to defend yourself?  Need to know whether your firearm needs to be concealed or whether you can carry it openly?   Come to us to and we can help you protect your gun rights.
  • We can help you if your permit has been denied, suspended or revoked.  Maybe you’ve run into trouble with the application process, or maybe you just received notice that an annual background check has placed your right to bear arms in danger.  You can appeal any decision to deny, suspend or revoke your permit to acquire or permit to carry.  And we can help.

Hip & Knee Implants

Hip and knee replacement devices have come under increasing scrutiny in the last few years, as manufacturers began to recall certain types of these implants. One type of hip implant, and perhaps the most controversial at this time, is called a metal-on-metal bearing. With knees we're starting to see Zimmer's NexGen CR-Flex Porous Femoral component product questions.

I-35 I-80 I-235 I-380 Collisions/Accidents

Interstate highways 80, 35 and 235 personal injury lawyer teams up with lawyers from Minnesota, Iowa, Oklahoma, Illinois, Texas and all other states to provide information to those injured or the families of those killed in accidents and crashes with semi-trucks, motorcycles, cars, SUV's, mini-vans and those working on the highways (State Troopers, highway workers, DOT maintenance workers and others. ) Contact any of these firms for assistance. Steve Lombardi, 1300 – 37th Street, Suite 6, West Des Moines, Iowa 50266 (515)222-1110.

Large Damage, Major-Serious Injury and Death Cases

Damage cases involing death, brain injury, traumatic head injury, spinal injuries, loss of a limb or eyesight or hearing. Most law firms shoe every horse that comes into the barn. We won't and don't. We say no to most cases. We say "yes" to large damage cases so we can focus on getting you the best result.

Motorcycle, Bike and ATV Accident Lawyer

With over 30 years of Iowa personal injury accident law we provide the law experience you need to maximize your personal injury recovery.

Lottery, Gaming and Games of Chance

Winning the Lottery is more than Just Dumb Luck. - You can’t win a lottery without turning in a ticket.

As much as you may want to think this is about fairness, it’s not; it’s about playing by the rules you agreed to when you bought a lottery ticket that is later picked as having the winning numbers.

Don’t fool yourself into thinking you won the lottery when you can’t produce the winning ticket. To win the lottery you have to do several things.

  1. Be old enough to legally play the game.
  2. Buy the winning ticket.
  3. Buy the ticket during the time period when the game is active.
  4. Possess the winning ticket. (Can be by gift or other legitimate means. Just not stolen.)
  5. Sign the winning ticket.
  6. Turn the ticket in by the deadline for validation.
  7. Actually turn the ticket into the Iowa lottery.
  8. Have the ticket be validated by the lottery’s machinery.
  9. Don’t engage in fraud or theft to possess the winning ticket.
  10. Don’t wait to turn in the winning ticket if the economy is in down market because the value of the winning prize will probably decline.

The Iowa Lottery recently had a drawing named Hot Lotto that was sold at a Des Moines convenience store with the winning number being drawn on December 29, 2010. That meant the winning number had to be turned in on or before December 29, 2011. It was, but barely.

Pedestrian Collisions Causing Injury and Death

Pedestrian accidents can have many causes. Pedestrian accidents are caused by inattentive drivers, crossing in the wrong place, listening to an iPod or other MP3 device, the weather or a whole assortment of other facts. Lombardi Law Firm explores the many facets of pedestrian accidents. Come join us. Clients may contact us at 515-222-1110 or sdlombardi@aol.com.

Professional Licensure Defense for Doctors, Dentists, Pharmacists, Nurse Practitioners and Nurses

We assist the medical, dental, pharmacist, nurses and veterinary professionals with defense in civil matters having to do with the Iowa Board of Medicine and all other licensing boards. Call for a consultation.

Property or Real Estate related Injuries leading to Serious Injury or Death

If you’re injury or death case happened (caused) on property (real estate) you need to get a qualified legal opinion that will result in a successful insurance claim and lawsuit settlement or verdict. You need a lawyer on your side that is licensed as a lawyer and licensed as a real estate broker. As a lawyer with a client, but who doesn’t practice in this area full time you need direction and a lawyer who can act as co-counsel. We handle referral work all over Iowa and pay thousands of dollars in referral fees to Iowa’s rural practice lawyers. If you’re not sure there is a case call or email Attorney Lombardi and find out; this consultation is usually free of charge. 515-222-1110 or sdlombardi@aol.com

 

OWI-CDL Lawyers

Without a CDL you can operate. As a truck driver in Iowa an OWI can cost you dearly. Call these OWI-CDL Lawyers for HELP.

Unemployment Benefits in Iowa

If you’re unemployed or partially unemployed and are looking for an attorney to help you get the unemployment compensation you need, the Lombardi Law Firm is here to help.  Based in Polk County, Iowa, lawyers Stephen Lombardi and Katrina Schaefer practice statewide and are prepared to guide you through the difficult process of getting unemployment insurance benefits.

Where can you find legal help with your Iowa unemployment insurance claim? The Lombardi Law Firm is here for you. Call Steve and Katrina at 515-222-1110. 

Whistleblowers / Financially Ripped Off?

Financial crime has increased in America. The amount of retirement funds saved along with government fostering a gambling mentality has creating an environment where greed seems acceptable. Working people, honest people, young adults and the elderly need to be on the lookout to save their hard earned savings and to protect their futures. Join us with the Lombardi Law Firm as we create depository of blog posts that are all about financial rip-off stories that are in the news.

Workers' Compensation

If an individual is injured while on the job, he or she is entitled to worker’s compensation to pay the medical expenses and help cover a percentage of lost pay from mandatory time off. Although the process is relatively simple, getting the full value of your claim is a time-consuming and potentially complicated issue.

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