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Judge rejects former Gov. Terry Branstad's move to toss jury's discrimination verdict

cigaretteman

HR King
May 29, 2001
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A judge rejected a request by former Iowa Gov. Terry Branstad’s lawyers to set aside a jury verdict that concluded Branstad had discriminated against a former state official because the official is gay.

In a ruling filed Tuesday, district court Judge Brad McCall summarily rejected dozens of Branstad’s lawyers’ arguments, including challenges to legal rulings during trial and jury instructions.

The attorneys asked McCall to set aside the July 15 jury verdict of $1.5 million awarded to former Iowa Workers’ Compensation Commissioner Chris Godfrey.

Jurors concluded that Godfrey was the victim of discrimination and retaliation when Branstad tried to force him to quit in 2011 and then cut his pay.

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Former Iowa Gov. and current ambassador to China Terry Branstad gives testimony on Friday, June 14, 2019, at the Polk County Courthouse in Des Moines. (Photo: Bryon Houlgrave/The Register)

Branstad's attorney Frank Harty said in a motion filed July 31 that McCall should either dismiss the lawsuit or order a new trial. Harty contended that the verdicts weren’t supported by substantial evidence and were conflicted with the law, and he called the case "a political circus with the court serving as ring master."

McCall rejected Harty’s arguments, saying substantial evidence was presented during the trial that supported the jury’s conclusions.

Branstad testified that at the time he asked Godfrey to resign, he didn’t know that Godfrey was gay.

Harty claimed that there was insufficient evidence to show that Branstad knew, but McCall disagreed.

“Having had the opportunity to evaluate Branstad’s denials as he testified, the jury verdict clearly reflects the jury’s rejection of Branstad’s denials,” McCall wrote, adding that the jury was presented with substantial evidence from which to conclude that Branstad’s action against Godfrey was due to Godfrey’s sexual orientation.

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Chris Godfrey (Photo: Register file photo)

The legal challenges continue to drag out the case for which Iowa taxpayers will be charged if the verdict withstands appeals. The total cost stands at about $8 million.

Branstad, now the U.S. ambassador to China, chose to hire private attorneys to represent him instead of allowing the Iowa attorney general’s office to do it. The private attorney fees paid by the state total $2.5 million. An additional $377,905 has been submitted to the state and has not yet been approved. The fees filed by Godfrey’s attorneys were recently amended to $3.98 million to include additional post-trial work.

It wasn’t immediately clear if Branstad’s attorneys would appeal to the Iowa Supreme Court. Harty did not immediately respond to a message Wednesday.

Godfrey’s attorney Roxanne Conlin said even if successfully appealed the most likely outcome is another trial.

“There comes a time when they should pack it in,” she said. “I will retry this case until the end of my days if necessary. I believe strongly in the principle and I believe strongly in the man and we will fight to the bitter end.”

A spokesman for Gov. Kim Reynolds said she would consult with attorneys before deciding whether to appeal.

Two Democratic members of the Iowa Executive Council, the five-member panel responsible for authorizing state litigation expenses, said they will not vote to approve legal bills for an appeal.

State Treasurer Michael Fitzgerald has opposed taxpayers continuing to pay for Branstad’s defense in the case.

“It’s gotten ridiculous for the taxpayers to pay this,” Fitzgerald said Wednesday. “It’s time to say, OK they’ve won pay the bill and bury this thing before we run up another $8 to $10 million in cost.”

State Auditor Rob Sand, a former assistant attorney general, said Wednesday that he also will not support paying further appeal costs. He wrote the council a letter in September stating his belief that “there's nothing else here that can defensibly be invested by taxpayers.”

Even if Fitzgerald and Sand vote to stop paying for the case, the three Republicans on the council have a majority vote and could continue to pay. They are Reynolds, Secretary of State Paul Pate and Secretary of Agriculture Mike Naig.

https://www.press-citizen.com/story...t-judge-rejects-move-toss-verdict/4182565002/
 
I'm curious how the lawsuit was funded on the plantiff's side up until the state refunds the attorney's fees.
 
I'm curious how the lawsuit was funded on the plantiff's side up until the state refunds the attorney's fees.
I believe it was contingent fee based...the plaintiff’s attorney is top of the line excellent....I am set Roxanne knew exactly what she was getting into.....Roxanne Conlin and Branstad have been political foes for decades.l,she once ran for Governor Vs. Him....There was an article in July about this case and Conlin said her side had a lead pipe cinch, if the law was followed...She mentioned the first offer was to restore the employee his original salary but Branstad refused....and things progressed from there. It was a simple case of sex discrimination which in Iowa is clearly against the law.
However, Branstad has always felt he was above the law.....and now the tax payers of Iowa are paying for his arrogance.
 
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I believe it was contingent fee based...the plaintiff’s attorney is top of the line excellent....I am set Roxanne knew exactly what she was getting into.....Roxanne Conlin and Branstad have been political foes for decades.l,she once ran for Governor Vs. Him....There was an article in July about this case and Conlin said her side had a lead pipe cinch, if the law was followed...She mentioned the first offer was to restore the employee his original salary but Branstad refused....and things progressed from there. It was a simple case of sex discrimination which in Iowa is clearly against the law.
However, Branstad has always felt he was above the law.....and now the tax payers of Iowa are paying for his arrogance.

So basically she said "I'll take the case and wait to get paid when we win?" She must have been pretty confident of victory.

Well done though, because in a lot of cases the person can't afford the suit.
 
So basically she said "I'll take the case and wait to get paid when we win?" She must have been pretty confident of victory.

Well done though, because in a lot of cases the person can't afford the suit.

Hoosier...according to Roxanne, it was an open and shut case that could have been TCO for less than $100k, IF Branstad had just restored the guys salary.
I have never been a Branstad fan. He was Iowa’s longest serving governor, and I always thought he was mediocre at best....and below average most of the time.....but Iowans loved him, for whatever reason. Unfortunately, Branstad frequently used his political capital by settling personal political feuds. I have a good friend of mine who was a State Senator for 20 years or so who once told me that Terry Branstad was the most petty and vindictive person he ever met in his life. Apparently, this is the case.
 
Hoosier...according to Roxanne, it was an open and shut case that could have been TCO for less than $100k, IF Branstad had just restored the guys salary.
I have never been a Branstad fan. He was Iowa’s longest serving governor, and I always thought he was mediocre at best....and below average most of the time.....but Iowans loved him, for whatever reason. Unfortunately, Branstad frequently used his political capital by settling personal political feuds. I have a good friend of mine who was a State Senator for 20 years or so who once told me that Terry Branstad was the most petty and vindictive person he ever met in his life. Apparently, this is the case.

Wouldn't surprise me, that seems pretty common on the right these days.

I actually don't have any major complaints about my governor. He seems to be focused on the general improve the economy, fix the roads stuff and hasn't to my knowledge done or said anything highly controversial.
 
Many legal people in Des Moines think this case gets tossed by the Iowa Supreme Court. There was zero evidence Branstad fired this guy because he was gay. Roxane whole case was Republicans are anti-gay in the macro, therefore . . . The whole theory is bogus.

Branstad wanted to get rid of Godfrey because business leaders didn't like the generous work comp awards coming out of his agency. Everyone close to the matter knows this. The claims related to this will probably stand.

The Iowa Supreme Court is now Waterman's court and they won't be dazzled and bullied by Roxanne.
 
Many legal people in Des Moines think this case gets tossed by the Iowa Supreme Court. There was zero evidence Branstad fired this guy because he was gay. Roxane whole case was Republicans are anti-gay in the macro, therefore . . . The whole theory is bogus.

Branstad wanted to get rid of Godfrey because business leaders didn't like the generous work comp awards coming out of his agency. Everyone close to the matter knows this. The claims related to this will probably stand.

The Iowa Supreme Court is now Waterman's court and they won't be dazzled and bullied by Roxanne.

lol.
 
Many legal people in Des Moines think this case gets tossed by the Iowa Supreme Court. There was zero evidence Branstad fired this guy because he was gay. Roxane whole case was Republicans are anti-gay in the macro, therefore . . . The whole theory is bogus.

Branstad wanted to get rid of Godfrey because business leaders didn't like the generous work comp awards coming out of his agency. Everyone close to the matter knows this. The claims related to this will probably stand.

The Iowa Supreme Court is now Waterman's court and they won't be dazzled and bullied by Roxanne.

Yep. That damned Roxanne is just an inexperienced ambulance chaser. No case at all. :rolleyes:
 
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Yep. That damned Roxanne is just an inexperienced ambulance chaser. No case at all. :rolleyes:

Have you read the court record? Do have any idea what her theories were? I know you're in love with Roxanne, but really, try to be objective.
 
Have you read the court record? Do have any idea what her theories were? I know you're in love with Roxanne, but really, try to be objective.
It makes no difference what get arguments are,
...she won the case.
She and Terry are not friends and U understand that. However, Branstad was way out of bounds here...he could have been much smarter than he was. However, Branstad allowed his ego to get in the way and so far the tax payers of Iowa are paying his freight. Imagine Pablo’s, what you would be saying if Culver had pulled this stunt?
Branstad has always been a dick...and will alwYs be a vengeful, vindictive person. He cares not who he hurts as long as he slides by.
 
And then the appeals court agreed with them....

It hasn't been appealed. The trial judge just denied a motion for a new trial. Next, it probably goes directly to the Iowa Supreme Court.
 
It hasn't been appealed. The trial judge just denied a motion for a new trial. Next, it probably goes directly to the Iowa Supreme Court.
Ok...whatever.
The fact remains, Branstad handled the whole affair abysmally...as he often did throughout his long but rather undistinguished career. He allowed his ego to get involved and this poor judgement has cost...and will cost the tax payers of Iowa millions. Nice job, Terrence!
Pablo’s, you can grovel at the asshole of Terry B all you want....it doesn’t change the fact that Branstad is a puts....a vindictive, egotistical puts whose judgement was often clouded.
 
Ok...whatever.
The fact remains, Branstad handled the whole affair abysmally...as he often did throughout his long but rather undistinguished career. He allowed his ego to get involved and this poor judgement has cost...and will cost the tax payers of Iowa millions. Nice job, Terrence!
Pablo’s, you can grovel at the asshole of Terry B all you want....it doesn’t change the fact that Branstad is a puts....a vindictive, egotistical puts whose judgement was often clouded.

I can't stand Branstad. I couldn't care less about him. And if it weren't for your girlfriend Roxanne, Governor Branstad would never have happened. I blame her and the stupid Democrats that nominated her in 1982. That race was Democrat all the way until they picked a tax cheat to run.
 
One thing is certain... Branstad has been out of office for 4-5 years and he's STILL costing the taxpayers of Iowa $$$.

Hopefully on his trip back to Iowa for some fabricated photo op when Trump caves to China in the trade war... Teflon's plane ends up in the Pacific Ocean.
 
I can't stand Branstad. I couldn't care less about him. And if it weren't for your girlfriend Roxanne, Governor Branstad would never have happened. I blame her and the stupid Democrats that nominated her in 1982. That race was Democrat all the way until they picked a tax cheat to run.
Tax cheat? I do agree the tax code does need fixing. But “tax cheat”....gimme a break. And of course, like all things are obama’s Fault...of course this is Roxanne’s fault. :rolleyes:
 
In case you didn't know, Frank Harty is a former Iowa football player, Pat's older brother, and the son of my junior high gym teacher..
 
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