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MERRILL v. VALLEY VIEW SWINE, LLC

No. 19-0821.

941 N.W.2d 10 (2020)

Michael MERRILL and Karen Jo Frescoln, Appellants, v. VALLEY VIEW SWINE, LLC and JBS Live Pork, LLC f/k/a Cargill Pork, LLC, Appellees.

Supreme Court of Iowa.

Filed March 27, 2020.

Attorney(s) appearing for the Case

Benjamin G. Arato , Steven P. Wandro , and Jennifer H. De Kock of Wandro & Associates, PC, Des Moines, for appellants.

William H. Roemerman & Laura M. Williams of Elderkin & Pirnie, PLC, Cedar Rapids, for appellee Valley View Swine, LLC.

Shannon L. Sole and Robert C. Gallup of Faegre Drinker Biddle & Reath LLP, Des Moines, for appellee JBS Live Pork, LLC f/k/a Cargill Pork, LLC.

I. Introduction.

This case requires us to interpret Iowa Code section 657.11(5), a litigation-cost-shifting provision relating to animal feeding operations:

If a court determines that a claim is frivolous, a person who brings the claim as part of a losing cause of action against a person who may raise a defense...

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