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--><rss xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:itunes="http://www.itunes.com/dtds/podcast-1.0.dtd" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:media="http://www.rssboard.org/media-rss" version="2.0"><channel><title>Blog - Iowa Employment Law, Personal Injury &#x26; More | Ann Brown Legal</title><link>https://www.annbrownlegal.com/blog/</link><lastBuildDate>Tue, 30 Apr 2024 16:58:58 +0000</lastBuildDate><language>en-US</language><generator>Site-Server v@build.version@ (http://www.squarespace.com)</generator><description><![CDATA[<p>Get the latest on Iowa employment law, personal injury law, and more on our blog. We share the information you need to learn more about child injuries and claims in Iowa.</p>]]></description><item><title>Iowa Woman Proves Gender Discrimination Based on Sex Stereotypes </title><category>Employment Law</category><dc:creator>Ann Brown</dc:creator><pubDate>Tue, 30 Apr 2024 19:03:08 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2024/4/30/iowa-woman-proves-gender-discrimination-based-on-sex-stereotypes</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:66312352fb5d684343b39697</guid><description><![CDATA[<figure class="
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  <p class="">Earlier this year, Walmart, one of the nation’s largest private employers, agreed to pay a former female employee working in Ottumwa, Iowa, $60,000 and to provide training regarding sex discrimination to managers.  The EEOC, on behalf of the employee, sued Walmart when the female employee had been passed over for a promotion to manager because store management assumed that, because the employee had young children at home, she was not interested in advancing her career. </p><p class="">In a <a href="https://www.eeoc.gov/newsroom/walmart-pay-60000-settle-eeoc-sex-discrimination-lawsuit">press release</a>, the EEOC stated, “Sex discrimination includes discrimination against an employee because of sex-based stereotypes, such as the stereotype that mothers are unreliable or uncommitted employees.” Judge Stephanie Rose, Chief Judge of the Southern District of Iowa, had previously refused to dismiss the case stating, “The ‘pervasive presumption that women are mothers first, and workers second’ is among the sex stereotypes Congress has explicitly identified as impermissible.” (citing to prior US Supreme Court decision). </p><p class="">While women are increasingly entering the workforce, they often face barriers to advancement in their careers. One of those barriers is known as the “Motherhood Penalty.” <a href="chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://digitalcommons.uri.edu/cgi/viewcontent.cgi?article=1035&amp;context=lrc_paper_series">Studies</a> have shown that mothers earn about 5% less per child than others performing the same work. Fathers do not face this same wage disparity. In fact, all women of childbearing age are penalized at work because of the assumption that they will have children. These barriers are a result of gender stereotypes only, as there is no evidence suggesting that mothers do not perform equally to others at work. Overcoming and eliminating the “Motherhood Penalty” should be a priority for all employers. </p><p class="">At Ann Brown Legal we represent women who have been discriminated against at work because of their gender. This includes women who have been discriminated against based on stereotypes about employees who are mothers. If you believe that you have been a victim of workplace discrimination, please call us to discuss your concerns at (319) 866-9277.</p>]]></description></item><item><title>Iowa's Women Coaches Are the Best in the Country. They Deserve Equal Pay for Equal Work</title><category>Employment Law</category><category>women leaders</category><dc:creator>Ann Brown</dc:creator><pubDate>Thu, 04 Apr 2024 14:21:13 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2024/4/2/iowas-women-coaches-are-the-best-in-the-country-they-deserve-equal-pay-for-equal-work</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:660c5c3a4f65471af986e57a</guid><description><![CDATA[<figure class="
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  <p class="">The Iowa Women’s basketball team has the entire country captivated with their talent, grit and skillful play. What could possibly be disappointing about this season? Only one thing. The coaching staff—the masterminds behind it all—are grossly underpaid compared to the coaching staff for the men’s basketball team. </p><p class="">Lisa Bluder’s contract provides for a guaranteed $1.4 million annually, while Fran McCaffrey, the men’s coach, is guaranteed $3.3 million a year. Jan Jensen, the associate head women’s coach who, by all accounts, is one of the best assistant coaches in the country, earns $255,000 annually and assistant coach Raina Harmon earns $165,000. Meanwhile, men’s assistant coach Sherman Dillard earns $298,619 annually, Matt Gatens earns $277,500 and Courtney Eldridge earns $267,200. <a href="https://publicrecordsrequests.iowa.uiowa.edu/Salary">U of I salaries.</a></p><p class="">Lisa Bluder has been at the University of Iowa for 24 years and has gotten her team into the NCAA tournament an astonishing 17 times! She is a three-time Big Ten coach of the year, a Naismith Award winner and has coached the Hawkeyes to back-to-back Final Fours. </p><p class="">The gender pay gap is widespread across the entire workforce, but it is highlighted in the continuing disparities between male and female coaches. This pay discrimination has been challenged in court on multiple occasions. In 1994, Marianne Stanley, the women’s basketball coach at USC, sued the college under the Equal Pay Act because she was paid substantially less than the coach of the men’s team despite the success of her program. At the time, the court concluded she did not perform equal work to the men’s coach, because men’s basketball was simply more popular and, therefore, the men’s coach had more responsibilities. Ignoring the fact that I completely disagree with the court’s reasoning, that certainly can’t justify the pay difference for the coaching staff at Iowa now. The Iowa women sold far more tickets this year than the men’s team and for a higher average price. Women’s basketball on Fox is averaging more viewers than men’s basketball, and it’s reasonable to assume that holds true for other networks. </p><p class="">But times are changing. Even if it is at a glacial pace. In 2017, Jane Meyer, a senior associate athletic director sued the University of Iowa alleging gender discrimination within the athletics department, including that she was paid less than a male athletic director with the same job. A jury agreed with Meyer and awarded her $1.43 million in damages. </p><p class="">Women in the US still earn about 83 cents for every dollar earned by men for performing <strong>EQUAL WORK</strong>.<strong> </strong>The pay gap for black women is even worse at 70 cents on the dollar. This is 61 years after the enactment of the Equal Pay Act. Equal pay is important for all women, not just coaches. The gender pay gap persists among women of all educational and achievement levels. </p><p class="">The University of Iowa, with the national audience they now enjoy because of women’s basketball, should be a leader in closing the gender pay gap. Other universities have done just that. Kim Mulkey at LSU earns  $3.26 million per year compared to the men’s basketball coach who earns $2.7 million. South Carolina Coach Dawn Mulkey earns $3.1 million annually, which is much closer to the $3.7 million paid annually to the men’s coach. </p><p class="">It is well past time for men’s and women’s basketball coaches to be paid equally. Not just the head coaches, but the assistants too. They are doing Equal Work. They deserve Equal Pay. </p>]]></description></item><item><title>What Iowa's New Trucking Accident Law Means for Injured Iowans.</title><category>Car Accidents</category><category>personal injury</category><category>wrongful death</category><dc:creator>Ann Brown</dc:creator><pubDate>Mon, 18 Mar 2024 20:03:43 +0000</pubDate><link>https://www.annbrownlegal.com/blog/iowatruckingaccidentattorney</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:65f88e9469031b35a1f9b1d3</guid><description><![CDATA[<figure class="
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  <p class="">There are approximately 2,200 Iowa accidents involving semi-trucks and 32% of trucking accidents result in an injury. It is far more frequent for a driver in another vehicle to be injured in an Iowa truck accident than it is for the driver of the semi. (<a href="https://www.truckinfo.net/research/truck-accident-statistics">Data found here</a>). Iowa trucking accidents often cause serious injuries or deaths. </p><p class="">In Iowa, someone who is injured in a trucking accident that is not their fault can file a lawsuit against the negligent driver. The family members of someone killed in a trucking accident can also file a lawsuit. But in 2023, the Iowa Legislature changed the law that applies to Iowa trucking accidents. Iowa was the first state in the nation to place a cap on damages that can be awarded when a negligent truck driver causes a crash. <a href="https://www.legis.iowa.gov/legislation/BillBook?ba=SF%20228&amp;ga=90&amp;utm_medium=email&amp;utm_source=govdelivery">Senate File 228</a> limits non-economic damages at $5 million. Non-economic damages include damages for pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering and loss of consortium. It does not include damages for medical bills, lost wages or decreased value to the Estate. </p><p class="">There are exceptions to this damage cap. The limit does not apply if the negligent driver was under the influence of drugs or alcohol at the time of the crash, did not have a commercial driver’s license, was illegally using a cell phone or other electronic device, was speeding more than 15 mph over the speed limit or was illegally transporting drugs, alcohol or people. </p><p class="">Also, the new law limits when an injured person or their family can sue the employer of the driver for negligent hiring or supervision. </p><p class="">If you have lost a loved one as a result of an Iowa truck accident or you, yourself, have been injured in an Iowa truck accident, you should consult with an Iowa personal injury attorney to discuss your rights, including this new law. Ann Brown Legal has experience representing Iowa trucking accident victims and we would be happy to speak to you about your potential case. Please call <a href="tel: 13198262250">(319) 826-2250</a>. <br></p>]]></description><media:content type="image/jpeg" url="https://images.squarespace-cdn.com/content/v1/57cb352e59cc6804d17c835f/1710790859310-LGRK1FY37PQ6DO7OABAP/Trucking+crash+image.jpg?format=1500w" medium="image" isDefault="true" width="247" height="148"><media:title type="plain">What Iowa's New Trucking Accident Law Means for Injured Iowans.</media:title></media:content></item><item><title>When will there be nine? Thank you RBG for getting us here...but we still have a ways to go. </title><category>Sexual Harassment</category><category>women leaders</category><dc:creator>Ann Brown</dc:creator><pubDate>Thu, 01 Oct 2020 13:18:45 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2020/9/30/when-will-there-be-nine-thank-you-rbg-for-getting-us-herebut-we-still-have-a-ways-to-go</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5f74e0460cd90e3e7625bb2b</guid><description><![CDATA[<figure class="
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  <p class="">I had just gotten home from work and my husband sent me a text that Ruth Bader Ginsburg had died. I cried as though I had lost a friend, a mentor, a family member, but I had never even met RBG. I was scheduled to meet her this last summer at the 8th Circuit’s women lawyer’s conference . . . but being that it is 2020—the year where everything goes wrong—the conference was cancelled due to COVID. </p><p class="">A lot of women (and men) felt a very personal loss at the death of RBG. I think it’s because she did so much for us and now, we will never be able to thank her. She dedicated her life to a fight for all women and thinking about that, quite frankly, makes me feel small. Ruth brought us this far, but there is still a long way to go. </p><p class="">When Ruth started law school, she was 1 of 4 women in her class and each were required to explain why they were deserving of their spot over a man. My law school class was 50% female—that is progress. Female law students in my class were told by the career services department that they should wear skirts to all of their interviews to increase their chance of being hired and to never ask about a firm’s gender equity practice or maternity leave. There is still a long way to go. </p><p class="">Even though Ruth graduated at the top of her class, no law firm would hire her. I had no problem getting a job after law school—that is progress. During my first big case as a lawyer, out-of-state co-counsel refused to learn my name and repeatedly called me “Sweetheart.” I was often asked to get coffee or take notes during meetings. There is still a long way to go. </p><p class="">A recent study by the American Bar Association showed that women lawyers are much more likely to be interrupted than male lawyers. And one would think that by the time you made it to the Supreme Court, female justices would no longer have to endure this slight . . . but sadly, a review of Supreme Court arguments shows that the three female justices were interrupted much more frequently than the male justices. </p><p class="">Ruth became a lawyer four years before the Equal Pay Act was passed making it illegal to pay women less than men for performing equal work. Women were earning 59 cents for every dollar earned by men. Today woman earn 77 cents for every dollar earned by men performing the same work. In 57 years, we have gained 18 cents. We haven’t even managed to cut the deficit by half. If you think women lawyers are spared this inequity, think again! Women law partners earn 56 cents for every dollar earned by their male counterparts. There is still a long way to go. </p><p class="">RBG called out discrimination against women in all of the corners where it was hiding. We take for granted that women are equal to men under the law, but that wasn’t the law before Ruth. How can we show our gratitude for an icon who gave so much to all of us? There is only one way. We must pick up the fight where she was forced to lay it down. It is a sad reality that I will not see gender equity in my time, but that can’t dissuade me from moving forward. One day my daughters will have to pick up the fight. </p><p class="">WE KEEP MOVING FORWARD UNTIL THERE ARE NINE.    </p>]]></description></item><item><title>Help for Women Owned Business Community During Coronavirus Outbreak</title><dc:creator>Ann Brown</dc:creator><pubDate>Thu, 26 Mar 2020 16:43:02 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2020/3/26/help-that-may-be-available-for-our-women-owned-business-community-during-coronavirus-outbreak</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5e7c9b32b117a66840c66f22</guid><description><![CDATA[<figure class="
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  <p class="">Times are tough right now. People are scared—myself included. My heart has been with those who are sick and those who have lost loved ones. My heart has also been with all of the employees and small businesses suffering from the economic and financial consequences of this outbreak. I especially have been thinking about our community of women-owned businesses. There are some resources that are available for small businesses and self-employed, both at the federal and state level.  </p><p class=""><strong>Small Business Grants:</strong> Iowa is offering small business grants from between $5,000 to $25,000 for qualifying small businesses that have two or more employees and meet other eligibility requirements.  The deadline for applying for one of these grants is <em>soon</em> on <strong>March 31, 2020</strong>. Apply for a grant<a href="https://www.iowaeconomicdevelopment.com/reliefgrants"> here</a>. </p><p class="">Iowa is also offering grants for Targeted Small Businesses that are single owner with no employees (that is a lot of women owned businesses!). These grants range between $5,000 and $10,000 and the deadline for filing an application is <strong>April 10, 2020</strong>. Apply for a grant <a href="https://www.iowaeconomicdevelopment.com/our-agency-detail-resources/6710">here.</a>  </p><p class=""><strong>Small Business Loans</strong>: The Cares Act has passed in the Senate and is expected to pass in the House and be signed by president soon.  Most people know about the direct payments to individuals but also included in the Act are provisions to help small businesses. One of the key provisions provides for forgivable loans through the Small Business Administration. These loans would have an interest rate of less than 4% and the principal of the loan that was used for certain expenses, including payroll and rent, would be forgiven. Loan forgiveness will be reduced if the employer lays off employees. Some self-employed individuals also qualify for this loan program. Loans can be scary for small business owners, but if you make sure you qualify for loan forgiveness this program could be a huge benefit for small businesses. In reading the Act, it looks like these loans are obtained through private lenders who already offer SBA loans so <strong>contact your bank about applying</strong>. There is also additional information about SBA loans and approved lenders on the SBA website found<a href="https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources"> here</a>. </p><p class=""><strong>Unemployment Benefits</strong>: The Care Act expands unemployment benefits to some people who are self-employed who were not previously eligible for unemployment benefits. There are eligibility requirements, including that the unemployment is a result of the Coronavirus outbreak. Unemployment benefits have also increased to provide near full-pay or full-pay for many employees and some eligibility requirements have been waived. For small employers, the fees usually paid by employers for laying off employees are being waived. If you are self-employed and not able to work, it may be worthwhile to apply for unemployment benefits, which can be done through Iowa Workforce Development <a href="https://www.iowaworkforcedevelopment.gov/file-claim-unemployment-insurance-benefits">here</a>. </p><p class=""><strong>Tax Relief</strong>: The deadline to file and pay taxes for 2019 has been delayed by 90 days. I am not a tax attorney, so I am not able to provide detailed information about other tax relief, but here are some of the highlights:</p><ul data-rte-list="default"><li><p class="">Refundable payroll tax credit for up to 50% of payroll taxes paid for employees that are not laid off during the crisis. This is to encourage employers to continue to employ and pay employees. </p></li><li><p class="">Payroll tax payments can be delayed.</p></li><li><p class="">There will be fewer limits on the Net Operating Loss a business can claim, and a business may be able to carry back a Net Operating Loss this year to prior years. </p><p class="">Contact your tax adviser for more information. </p></li></ul><p class="">I know the dedication that goes into being a small business owner. I see the passion, drive and sacrifice from our women-owned business community. I want all women-owned businesses to get through this tough time and I hope this information helps you! This community will be back to being the innovative, caring, dedicated economic powerhouse that we were before this crisis. As always, we’ve got your back, friends. </p><p class=""><em>I hope this information helps you. It is not intended to be legal advice or to replace the information and advice you receive from your attorney.</em> </p>]]></description></item><item><title>Understanding the Individual Impact of Sexual Harassment</title><category>Sexual Harassment</category><dc:creator>Ann Brown</dc:creator><pubDate>Fri, 03 Jan 2020 18:31:41 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/12/18/in-progress-what-is-the-impact-of-sexual-harassment-on-the-individual</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5dfa90ecf486e62e77a71893</guid><description><![CDATA[<figure data-test="image-block-v2-outer-wrapper" class="
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  <p class="">We write often on this blog about our beliefs as a law firm about believing and supporting individuals who have experienced sexual harassment. Sexual harassment can impact much more than your work environment and making the decision to take action against it can be difficult. It may be helpful to consider the ways in which those who experience sexual harassment are affected. If someone you love is being harassed, it could be easier to support them when you understand what they’re going through. Or maybe you’re interested in learning about why movements like the <a href="https://www.annbrownlegal.com/blog/2019/11/1/why-is-the-times-up-movement-relevant-to-our-life-in-iowa"><span>#MeToo Movement</span></a> are gaining momentum and relevance in Iowa, and in the country as a whole. While sexual harassment is a product of a greater social issue, the effects of sexual harassment in terms of the individual can be profound.</p><p class="">If someone is being sexually harassed, it will often affect their performance and environment <strong>in the workplace. </strong>Sexual harassment can create an extremely negative work environment. The individual may find themselves feeling angry, embarrassed or scared while working. This can lead to avoiding shifts at work or taking PTO to avoid the harassment. It could have a negative effect on furthering education or advocating for a raise or a promotion, as those being harassed are less likely to feel comfortable and safe advocating for themselves. Many individuals will consider <a href="https://www.rainn.org/news/you-left-your-job-because-sexual-harassment-what-now"><span>quitting work</span></a>, which can cause further emotional and financial strain.&nbsp;</p><p class="">Sexual harassment often affects individuals outside of the office as well. In their personal life, identifying and addressing sexual harassment can cause a lot of stress. This can have negative effects on both physical and mental health.&nbsp; It can cause mental health problems like anxiety, depression, or even PTSD. It can also exacerbate previously existing issues like substance abuse. <a href="https://www.mayoclinic.org/healthy-lifestyle/stress-management/in-depth/stress-symptoms/art-20050987"><span>This stress can also manifest physically</span></a> in the body, with symptoms like headaches, sore muscles, or issues with sleeping and fatigue. It’s important to keep in mind that the effects can last even after the sexual harassment has ended and can cause strain and conflict on interpersonal relationships.&nbsp;</p><p class="">Sexual harassment is a complex issue that can take many forms and it can be easy to feel isolated. It’s important to remember that if you or someone you love is experiencing sexual harassment, you are not alone. There are resources to help. If you’re unsure whether you’re being treated fairly at work, you can read our <a href="https://www.annbrownlegal.com/blog/2018/7/17/how-do-i-know-if-my-employer-is-treating-me-fairly"><span>blog post here.</span></a> If you’re interested in learning about the current state and impact of sexual harassment in the U.S., you can check out the <a href="https://iwpr.org/publications/sexual-harassment-work-cost/"><span>Institute for Women’s Policy Research</span></a>. You can also find more resources on <a href="https://www.rainn.org/articles/sexual-harassment"><span>RAINN and the National Sexual Assault Hotline</span></a>.&nbsp;</p><p data-rte-preserve-empty="true" class=""></p><h3><strong>If you have questions about your case or need a sexual harassment lawyer, please call us at <em>(319) 826-2250</em> for a free initial consultation<em>.</em>&nbsp;</strong></h3><p data-rte-preserve-empty="true" class=""></p><p class=""><em>The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.</em></p>]]></description></item><item><title>A Safe and Merry Holiday Season: Avoiding Defective Toys</title><category>Child Injuries</category><category>personal injury</category><dc:creator>Ann Brown</dc:creator><pubDate>Fri, 03 Jan 2020 16:51:26 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/12/18/in-progress-a-safe-and-merry-christmas-safe-toysrecall</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5dfa937bdd325c224e9595af</guid><description><![CDATA[<figure data-test="image-block-v2-outer-wrapper" class="
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  <p class="">Now that the holiday season is upon us, there are lots of reasons to buy gifts for your loved ones.  As you’re purchasing toys for the little ones in your life, it’s important to make sure that you are keeping those in your care safe! Here at Ann Brown Legal, we work with parents when their <a href="https://www.annbrownlegal.com/blog/2018/6/7/most-common-child-injury-cases"><span>children are injured.</span></a> It’s important to think of the many ways children can be injured in the day-to-day, including when they’re having fun! As you’re buying for those that are close to you around this holiday season, be mindful of the gifts you choose.</p><p class="">According to the Consumer Product Safety Commission, <a href="https://www.cpsc.gov/Safety-Education/Toy-Recall-Statistics">over 225,000 children were injured in 2018 by their toys</a>.&nbsp;&nbsp;As you’re buying toys, there are a few things you can do to screen the products keep your children safe. One general guideline is checking the age appropriateness on the packaging. If you’re buying for especially young children, you should check to see if there are any small parts of the toy that might be swallowed. Check the labels for approval from the<a href="https://www.cpsc.gov/"> Consumer Product Safety Commission</a> or the<a href="https://www.astm.org/"><span> American Society for Testing and Materials</span></a>, and check if the toy company has published any warnings.&nbsp;</p><p class="">You can also be knowledgeable about past cases of recalled hazardous toys. Toys in the past and present have been recalled for a variety of reasons, though there are some common themes in the ways toys have caused significant injuries or death. One mistake made by companies is including toxic chemicals in the toys that are poisonous when ingested (like in the Aquadots toy case.) Buckyballs became famous for it’s hazardous magnets, as magnets can cause significant injury when swallowed. Other common themes are related to heat: for example, early Easy-Bake Ovens were recalled for getting too hot, and some iterations of the Hoverboard were recalled for bursting into flame.  (If you want to know about toys which have recalled recently, you can click here for <a href="https://www.cpsc.gov/Recalls">a list of recalled items for 2019.</a>) </p><p class="">As with other personal injury cases, you must prove that the other party (the toy company, in this case) was at fault. If your child has been injured by a toy, it can be difficult to sue the manufacturing company for compensation, as you have to prove negligence. You must prove that the toy you purchased was either defective, improperly designed, or didn’t include sufficient instructions for use or to keep your child safe.&nbsp;</p><p data-rte-preserve-empty="true" class=""></p><h3><strong>If your child has been injured by a defective toy and you need a personal injury lawyer, please call us at <em>(319) 826-2250</em> for a free initial consultation<em>.</em>&nbsp;</strong></h3><p data-rte-preserve-empty="true" class=""></p><p class=""><em>The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.</em></p>]]></description><media:content type="image/jpeg" url="https://images.squarespace-cdn.com/content/v1/57cb352e59cc6804d17c835f/1576795542980-KC7PU312JS1E1GU1FRNG/image-asset.jpeg?format=1500w" medium="image" isDefault="true" width="1500" height="995"><media:title type="plain">A Safe and Merry Holiday Season: Avoiding Defective Toys</media:title></media:content></item><item><title>Child Injury Claims: A Different Case</title><category>Child Injuries</category><dc:creator>Ann Brown</dc:creator><pubDate>Wed, 27 Nov 2019 14:15:00 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/11/7/child-injury-claims-a-different-case</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5dc47c094ef35a44fc45423e</guid><description><![CDATA[As parents, it’s our job to care for the safety and well-being of our 
children. If a child is injured, it can be a highly emotional time. It’s 
important to know how to best advocate and provide for your child when 
something unexpected happens. Maybe your child was injured in a car 
accident, or from a defective toy, or at school or daycare. Whatever the 
case, it’s important to note that cases involving children are handled 
differently than cases involving adults. We’ve noted a few important 
differences here.]]></description><content:encoded><![CDATA[<figure class="
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  <p class="">As parents, it’s our job to care for the safety and well-being of our children. If a child is injured, it can be a highly emotional time. It’s important to know how to best advocate and provide for your child when something unexpected happens. Maybe your child was injured in a <a href="https://www.annbrownlegal.com/blog/2018/7/3/what-to-do-if-your-child-is-injured-in-a-car-accident"><span>car accident</span></a>, from a <a href="https://www.annbrownlegal.com/blog/2019/1/8/what-to-know-about-defective-childrens-toys-and-liability"><span>defective toy</span></a>, or at <a href="https://www.annbrownlegal.com/blog/2018/8/20/back-to-school-safety-for-our-kids-no-matter-how-they-get-to-school"><span>school </span></a>or <a href="https://www.annbrownlegal.com/blog/2019/1/5/do-you-need-a-child-injury-attorney-if-your-child-was-injured-at-daycare"><span>daycare</span></a>.   Whatever the case, it’s important to note that cases involving children are handled differently than cases involving adults. We’ve noted a few important differences here:</p><ul data-rte-list="default"><li><p class=""><strong>A child cannot pursue a lawsuit on their own. </strong>The case has to be pursued by an adult on the child’s behalf. While this is often the child’s parents, the court can also appoint a conservator if the parents are unable to take action. If a parent has their own damages related to their child’s injury, these can be addressed under a separate consortium claim.</p></li></ul><ul data-rte-list="default"><li><p class=""><strong>The case doesn’t have to be recent. </strong>The statute of limitations on children’s cases varies, and can be longer than in similar adult cases. Often, you can still pursue the case as long as the child is still a minor.</p></li></ul><ul data-rte-list="default"><li><p class=""><strong>A settlement must be approved by the court if it is above $25,000. </strong>The court might also require an agreement on how the money will be spent to best benefit that child in the future. This is especially important for a child whose family might be receiving public benefits, or a child with mental or physical disabilities that might need to receive public benefits in the future.</p></li></ul><ul data-rte-list="default"><li><p class=""><strong>Extra caution is needed in dealing with insurance adjusters.</strong> Insurance adjusters may ask that your child give a recorded statement about their injury. While one should always exercise caution in recording a statement for insurance, this becomes especially important when dealing with children. We should not expect children to advocate for themselves, or relive the trauma of the events without due cause.&nbsp;</p></li></ul><ul data-rte-list="default"><li><p class=""><strong>What constitutes as damages might be different.</strong> A child’s life is structured differently than an adult’s, and as such, the effect of an injury on their lives might be very different. For example, damages might include days missed from school.<br></p></li></ul><p class="">While an injury can be a disruptive part of a child’s life, the right claim can make sure it doesn’t have an unnecessary impact on their future.  At Ann Brown Legal, we have a professional history representing child injury cases, and feel a personal investment in children’s well-being <a href="https://www.annbrownlegal.com/blog/2019/5/9/lawyer-like-a-mother"><span>as a fellow mother and parent. </span></a></p><p data-rte-preserve-empty="true" class=""></p><h3><strong>At Ann Brown Legal, we believe “there’s no such thing as other people’s children.”</strong></h3><h3><strong>If you need advice or representation regarding your child’s personal injury, please call us at <em>(319) 826-2250</em> for a free initial consultation<em>.</em>&nbsp;</strong></h3><p data-rte-preserve-empty="true" class=""></p><p class=""><em>The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.</em></p>]]></content:encoded><media:content type="image/jpeg" url="https://images.squarespace-cdn.com/content/v1/57cb352e59cc6804d17c835f/1573158743984-YF9N1Q8555KQ75BR0R59/image-asset.jpeg?format=1500w" medium="image" isDefault="true" width="1500" height="2247"><media:title type="plain">Child Injury Claims: A Different Case</media:title></media:content></item><item><title>Why is the Time’s Up Movement Relevant to Iowans?</title><category>women leaders</category><category>Sexual Harassment</category><category>Employment Law</category><dc:creator>Ann Brown</dc:creator><pubDate>Fri, 22 Nov 2019 14:00:00 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/11/1/why-is-the-times-up-movement-relevant-to-our-life-in-iowa</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5dbc74209032803b14da7e22</guid><description><![CDATA[TIME’S UP! We’re not talking about the microwave beeping that your burrito 
is ready or the proctor’s script for the ACT. We’re talking about a 
movement against sexual harassment and assault in the workplace. While this 
movement was originally started by women in the entertainment industry, 
their advocacy has expanded to include women in all careers across the 
country… including here in Iowa. ]]></description><content:encoded><![CDATA[<figure data-test="image-block-v2-outer-wrapper" class="
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  <p class=""><strong>TIME’S UP!</strong> We’re not talking about the microwave beeping that your burrito is ready or the proctor’s script for the ACT. We’re talking about a movement against sexual harassment and assault in the workplace. While this movement was originally started by women in the entertainment industry, their advocacy has expanded to include women in all careers across the country… including here in Iowa.&nbsp;</p><h3><strong>What is Time’s Up? </strong></h3><p class=""><a href="https://timesupnow.org/"><span>Time’s Up</span></a> is an organization whose mission is to “create a society free of gender-based discrimination in the workplace and beyond.” They work towards equal treatment in the workplace, they fight sexual harassment, and they work to end the wage gap. Time’s Up currently runs a <a href="https://nwlc.org/times-up-legal-defense-fund/" target="_blank">legal defense fund</a> for women who need resources or financial assistance in pursuing action against their employers, past or present.</p><h3><strong>Why should Iowans care?</strong> </h3><p class="">It’s easy to generalize big organizations and movements like Time’s Up or <a href="https://www.annbrownlegal.com/blog/2018/10/5/how-the-metoo-movement-reinforces-the-importance-of-civil-justice-for-victims-of-sexual-assault-and-harassment-at-work" target="_blank"><span>#MeToo</span></a><span> </span>as part of a national trend, not particularly relevant to us in the Midwest. However, these are issues that very much affect individuals here in Iowa. According to the National Women’s Law Center, the <a href="https://nwlc-ciw49tixgw5lbab.stackpathdns.com/wp-content/uploads/2019/10/Wage-Gap-State-By-State-2019-v3.pdf" target="_blank"><span>wage gap in Iowa</span></a><span> </span>is poor compared to the national average: ranked 37th in the country in 2018. While the federal Equal Pay Act, Title VII, and Iowa's Equal Pay Act require that employers pay men and women equally for the same work, the average woman in Iowa makes $.22 less per hour than their male counterparts. And it’s even less if the woman is black or Latino, who make $.60 and $.59 on the dollar, respectively.&nbsp;</p><p class="">In Iowa, sexual violence, assault, and harassment follow the national trends of being hugely under-reported. While it can be difficult to decide to take legal action against an employer, all workers have a right to a safe workplace. In Iowa, the Iowa Civil Rights Act (in cooperation with Title VII, the Federal Civil Rights Act) makes it illegal for companies to retaliate against employees who make a complaint about sexual harassment or assault. However, many companies break this law, which is one of the reasons why <a href="https://www.annbrownlegal.com/blog/2019/5/21/a-sexual-harassment-policy-is-not-enough-how-can-we-make-meaningful-progress-towards-ending-sexual-harassment" target="_blank">sexual harassment goes unreported</a>.&nbsp;</p><h3><strong>What could Time’s Up mean for you?</strong></h3><p class="">If you’re not sure whether you’re being discriminated against or harassed, please read our <a href="https://www.annbrownlegal.com/blog/2018/7/17/how-do-i-know-if-my-employer-is-treating-me-fairly" target="_blank">article on being treated fairly in the workplace</a>! While harassment, assault, and unequal treatment are far too commonplace, remember that it IS illegal and there are national resources like Time’s Up that can help.&nbsp;</p><p class="">Remember, too, that there are local resources: attorneys and law offices that believe the stories of survivors and victims. We care deeply about advocating for women and their rights, whether it be through<a href="https://www.annbrownlegal.com/blog/2019/6/14/empowered-women-empower-women-the-importance-of-supporting-women-owned-businesses" target="_blank"> <span>supporting local businesswomen</span>,</a> <a href="https://www.annbrownlegal.com/blog/2017/6/29/equal-pay-for-equal-work-how-our-clients-fight-to-be-paid-what-they-were-owed-helped-all-women-in-the-battle-to-close-the-gender-pay-gap" target="_blank"><span>representing women</span></a> who have been harassed or discriminated against, or <a href="https://www.annbrownlegal.com/blog/2019/5/21/a-sexual-harassment-policy-is-not-enough-how-can-we-make-meaningful-progress-towards-ending-sexual-harassment" target="_blank"><span>speaking out</span></a> about about sexual harassment policies.&nbsp;You don’t have to go through this alone!</p><p class=""><br></p><p class=""><strong>If you have more questions or think you may need a sexual harassment attorney, </strong></p><p class=""><strong>please call us at <em>(319) 826-2250</em> for a free initial consultation<em>.</em>&nbsp;</strong><br></p><p class=""><em>The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.</em></p><p class=""><br></p>]]></content:encoded><media:content type="image/jpeg" url="https://images.squarespace-cdn.com/content/v1/57cb352e59cc6804d17c835f/1572631925154-LZS546W57N7KUABEJH3C/image-asset.jpeg?format=1500w" medium="image" isDefault="true" width="1500" height="2250"><media:title type="plain">Why is the Time’s Up Movement Relevant to Iowans?</media:title></media:content></item><item><title>Choosing the Right Personal Injury Attorney</title><category>personal injury</category><category>Car Accidents</category><category>Child Injuries</category><dc:creator>Ann Brown</dc:creator><pubDate>Tue, 19 Nov 2019 20:21:41 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/11/1/choosing-the-right-personal-injury-attorney</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5dbc5599eb4f7f6b87e2c723</guid><description><![CDATA[Choosing to pursue legal action for a personal injury can be a difficult 
decision. Maybe you’ve been in an accident or your child was injured, and 
you’ve decided you need help in order to recover from your losses and 
damages. Once you’ve made this choice, picking your attorney is the next 
step. We’ve put together some advice to help you navigate the process of 
picking a personal injury lawyer that’s right for you and your situation. ]]></description><content:encoded><![CDATA[<figure data-test="image-block-v2-outer-wrapper" class="
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  <p class="">Choosing to pursue legal action for a personal injury can be a difficult decision. Maybe you’ve been in an <a href="https://www.annbrownlegal.com/blog/2019/2/8/accidents-and-brain-injuries-when-to-call-a-personal-injury-law-firm" target="_blank">accident</a> or your <a href="https://www.annbrownlegal.com/blog/2018/6/7/most-common-child-injury-cases" target="_blank">child was injured</a>, and you’ve decided you need help in order to recover from your <a href="https://www.annbrownlegal.com/blog/2018/11/19/what-are-the-types-of-damages-available-in-personal-injury-claims" target="_blank">losses and damages</a>. Once you’ve made this choice, picking your attorney is the next step. We’ve put together some advice to help you navigate the process of picking a personal injury lawyer that’s right for you and your situation.&nbsp;<br></p><h3><strong>Step One: Check out Client Reviews.&nbsp;</strong></h3><p class="">While Google can be a great resource for initial searches and basic information, there are a few other websites you can use to help you choose your personal injury law firm. To find car accident attorneys or personal injury attorneys, we recommend two websites: <a href="https://www.avvo.com/attorneys/52401-ia-ann-brown-2824459.html" target="_blank">Avvo.com</a> and <a href="https://profiles.superlawyers.com/iowa/cedar-rapids/lawyer/ann-e-brown/4c418913-c8cb-48f7-b283-ff9f41f02089.html" target="_blank">superlawyers.com.</a> These websites offer general legal advice, but also provide a platform for clients to leave reviews of attorneys nationwide. You can use these websites to read reviews of attorneys in your area, and get a sense for other client’s experiences and case results.</p><h3><strong>Step Two: Interview Lawyers.&nbsp;</strong></h3><p class="">After reading client reviews and making a list of attorneys you may be interested in, call and schedule a consultation. Most personal injury lawyers will offer this initial consultation free of charge. During this meeting, it’s important to be thorough with the attorney in giving details about your case and asking any questions that you have. Make a list of questions before the appointment with a range of topics. It’s important to know about their qualifications, their pricing structure and any additional fees, whether they have the staff and financial resources to be handling your case, and how they will contact you about case developments.</p><h3><strong>Step Three: Consider the Results you Want for your Case.&nbsp;</strong></h3><p class="">During the interview, you should ask whether the attorney has handled cases like yours before. When talking to the lawyer about their experience, qualifications, and case results, it’s important to remember that many cases don’t chalk up to a clear win or a loss. Many cases will settle before even going to court. Think about what kind of result you’d like in your case, and if the lawyer has gotten that result with cases like yours.&nbsp;<br></p><p class="">Like in any other situation where you’re purchasing a product or a service, you have to find someone who is qualified and right for you. It’s a big decision-- make sure to do your homework!</p><p class=""><br></p><h3><strong>To learn if we’re the right fit for you, </strong></h3><h3><strong>please call us at <em>(319) 826-2250</em> for a free initial consultation<em>.</em>&nbsp;</strong></h3><p class=""><br></p><p class=""><em>The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.</em></p>]]></content:encoded><media:content type="image/jpeg" url="https://images.squarespace-cdn.com/content/v1/57cb352e59cc6804d17c835f/1572624527893-2ZRHG3UBJFGPWSA87EMX/image-asset.jpeg?format=1500w" medium="image" isDefault="true" width="1500" height="2000"><media:title type="plain">Choosing the Right Personal Injury Attorney</media:title></media:content></item><item><title>Veteran's Workplace Rights</title><category>Employment Law</category><dc:creator>Ann Brown</dc:creator><pubDate>Thu, 14 Nov 2019 15:24:44 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/11/7/veterans-day-post</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5dc4822b0af3a6323cbda3ba</guid><description><![CDATA[<figure data-test="image-block-v2-outer-wrapper" class="
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  <p class="">Veteran’s Day is this week!  One way to celebrate is by knowing the rights of veterans at work after returning home. Veterans who have been disabled during service are entitled to certain protections under federal law: most notably through the <strong>Americans with Disabilities Act</strong> (ADA) and the <strong>Uniformed Services Employment and Reemployment Rights Act</strong> (USERRA.) While some veterans may find it difficult to request extra accommodations and support, we all have a right to a workplace that is safe and comfortable. Below is a quick introduction to your rights as a disabled veteran and employee.</p><p class=""><strong>Rights during the application and hiring process: </strong></p><p class="">An employer may ask about your disability status, but you are <em>not</em><strong> </strong>required to disclose this information (especially if you don’t require any special accommodations). If you are qualified for a position, they cannot discriminate against you on the basis of your disability. This means employers are not allowed to screen or disqualify candidates based on assumptions about the disability, but must assess you based on your experience and ability. The employer is not allowed to ask you questions about the details or circumstance surrounding your disability, even if your disability is immediately physically visible (amputations/wheelchairs etc.) They may, however, ask questions about your capability to handle certain tasks on the job, and whether you would need assistance in order to complete those tasks.&nbsp;</p><p class=""><strong>Rights during employment:&nbsp; </strong>You can ask for accommodations and support from your employer at any time, whether it be verbally or in writing. The ADA lists common examples of accommodation like changing the configuration of a work space (adding ramps or lowering shelving and desks), hiring interpreters or composing Braille training materials for the deaf or blind, and arranging special schedules or time off to attend treatment or therapy.&nbsp;If harassment occurs at the workplace (offhand remarks or teasing, being denied promotions, etc.)  you could pursue a legal claim against your employer. If you don’t know if you’re being treated unfairly, read our <a href="https://www.annbrownlegal.com/blog/2018/7/17/how-do-i-know-if-my-employer-is-treating-me-fairly">blog post here</a> about workplace harassment and discrimination.<br></p><p class="">While discrimination based on disability is illegal, it still happens far too often. For more detailed information about your employment rights as a disabled veteran, you can check out the <a href="https://www.eeoc.gov/laws/types/disability.cfm"><span>Equal Opportunity Employment Commission</span></a>. The <a href="https://www.ada.gov/ada_title_I.htm"><span>Department of Justice’s American Disabilities Act</span></a> also has in-depth resources to help you navigate your workplace and advocate for yourself. If you are an employer and want to know how to approach hiring practices ethically, you can also check out these resources.&nbsp;</p><p data-rte-preserve-empty="true" class=""></p><h3><strong>If you have questions about your employment rights or need a discrimination lawyer, </strong></h3><h3><strong>please call us at <em>(319) 826-2250</em> for a free initial consultation<em>.</em>&nbsp;</strong></h3><p data-rte-preserve-empty="true" class=""></p><p class=""><em>The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.</em></p>]]></description><media:content type="image/jpeg" url="https://images.squarespace-cdn.com/content/v1/57cb352e59cc6804d17c835f/1573159943594-8Z7WGO8P6K6D96G9AL4I/image-asset.jpeg?format=1500w" medium="image" isDefault="true" width="1500" height="844"><media:title type="plain">Veteran's Workplace Rights</media:title></media:content></item><item><title>The Do's and Dont's of Dealing with Insurance after a Car Accident</title><category>Car Accidents</category><category>personal injury</category><dc:creator>Ann Brown</dc:creator><pubDate>Tue, 29 Oct 2019 14:30:19 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/10/25/dos-and-donts-of-dealing-with-insurance-after-a-car-accident</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5db344d52437b26bc7d45a76</guid><description><![CDATA[A few tips to understand the benefits and downfalls of speaking with the 
other drivers’ insurance company. ]]></description><content:encoded><![CDATA[<figure class="
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  <p class="">Many of us know <a href="https://www.iowabar.org/page/AutoAccidents?&amp;hhsearchterms=%22car+and+accident%22"><span>what to do at the scene of an accident</span></a>, but what should you do in the following weeks to deal with the aftermath? In addition to coping with the disruption to your daily life and treating any personal injury or trauma, talking with insurance companies is an important part of the process. Here are a few tips to understand the benefits and downfalls of speaking with the other driver’s insurance company.&nbsp;</p><h3><strong>Before talking to the other driver’s insurance:</strong></h3><ul data-rte-list="default"><li><p class=""><strong>Decide whether you’d like to hire an attorney. </strong>&nbsp;While it’s not always necessary, a car accident injury attorney can help you to determine whether you can get financial compensation for your accident. (To understand what kind of damages you may be entitled to, check out our blog post <a href="https://www.annbrownlegal.com/blog/2018/11/19/what-are-the-types-of-damages-available-in-personal-injury-claims"><span>here</span></a>.) Attorneys can also guide or streamline communication with insurance companies if you feel stressed or unsure about doing it yourself.&nbsp;</p></li><li><p class=""><strong>Speak with your insurance carrier and understand your coverage.</strong> Ask your insurance provider what your policy covers, and how it might help to cover the damages from the accident.&nbsp;</p></li></ul><h3><strong>When talking to the other driver’s insurance, DO:&nbsp;</strong></h3><ul data-rte-list="default"><li><p class=""><strong>Talk about the related property damage.</strong> It’s appropriate to discuss the damage to your vehicle and other property involved in the accident, as it may be covered by the insurance company.&nbsp;If you haven’t already, make sure to take photos as evidence of the damage. </p></li><li><p class=""><strong>Exercise caution.</strong> Be strategic about any other information you choose to disclose. Be honest when sharing basic information about the accident and property damage, but don’t share more information than necessary. If you are unsure about what information is safe to share, consult a car accident injury attorney with your specific questions.</p></li></ul><h3><strong>When talking to the other driver’s insurance, DON’T:&nbsp;</strong></h3><ul data-rte-list="default"><li><p class=""><strong>Give opinions or try to place blame. </strong>If you decide to speak to the other driver’s insurance without a car accident injury attorney, do your best to only share pertinent facts. It is not necessary to elaborate with personal opinions about who or what caused the accident. </p></li><li><p class=""><strong>Share information about your injuries or medical bills.</strong> Sharing about your personal injuries without consulting a personal injury attorney is risky, as insurance companies will often leverage this kind of information to reduce their losses.&nbsp;&nbsp;</p></li><li><p class=""><strong>Consent to recording a statement about your injuries or medical bills. </strong>There are almost never benefits to talking about your personal injuries without the counsel of a personal injury attorney.&nbsp;</p><p data-rte-preserve-empty="true" class=""></p></li></ul><h3><strong>If you were in a car accident and need assistance navigating insurance, please call our office </strong></h3><h3><strong>at (319) 826-2250 for a free initial consultation<em>.</em>&nbsp;</strong></h3><p class=""><em>For more general advice on what to do after a car or motorcycle accident, </em><a href="https://www.annbrownlegal.com/blog/2017/2/5/helpful-advice-if-you-have-been-in-a-car-or-motorcycle-accident"><em>click here</em></a><em>. </em></p>























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  <p class=""><em>The above information is meant to be helpful, but is not meant to replace the legal advice of an attorney with whom you have an attorney-client relationship.</em></p>























<p><a href="https://www.annbrownlegal.com/blog/2019/10/25/dos-and-donts-of-dealing-with-insurance-after-a-car-accident">Permalink</a><p>]]></content:encoded><media:content type="image/jpeg" url="https://images.squarespace-cdn.com/content/v1/57cb352e59cc6804d17c835f/1572030454119-RRGVOF2LQLB6JECALMCX/image-asset.jpeg?format=1500w" medium="image" isDefault="true" width="1500" height="1000"><media:title type="plain">The Do's and Dont's of Dealing with Insurance after a Car Accident</media:title></media:content></item><item><title>Iowa Supreme Court Clears Up Standards for Employment Discrimination Under Iowa Civil Rights Act </title><category>Employment Law</category><dc:creator>Ann Brown</dc:creator><pubDate>Fri, 21 Jun 2019 17:14:32 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/6/21/iowa-supreme-court-clears-up-standards-for-employment-discrimination-under-iowa-civil-rights-act</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5d0ce304935a890001b64923</guid><description><![CDATA[<figure class="
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  <p class="">On June 9, 2019, the Iowa Supreme Court issued an anticipated ruling in the case of <em>Hawkins v. Grinnell Regional Medical Center</em>. For you legal junkies, you can read the opinion <a href="https://www.iowacourts.gov/iowa-courts/supreme-court/supreme-court-opinions/case/17-1892" target="_blank">here.</a>  Gregory Hawkins, who was represented by my friend and fierce advocate for employees, Brooke Timmer, sued his former employer, Grinnell Regional Medical Center, after he was fired following years of dedicated service. Hawkins claimed he was a victim of disability discrimination and retaliation and a jury agreed, awarding Hawkins over $4 million in damages. </p><p class="">Many issues were presented on appeal, but the Iowa Supreme Court focused on just two.  Unfortunately, the Court overturned the verdict and sent the case back for a new trial because of certain evidence that was admitted at trial. But in addition to that, the Court addressed the standards of proof that apply in most cases of employment discrimination. </p><p class="">The Court confirmed its long standing, but often challenged, holding that an employee can prove an employer violated the Iowa Civil Rights Act by showing that a discriminatory or retaliatory motive was a motivating factor or played a part in the employer’s action taken against the employee. Discrimination does not need to be the only reason for the employer’s action for it to violate the ICRA, it just needs to be one of the reasons. This reasoning has always made perfect sense to me because I think it is pretty clear that the legislature intended to prohibit racism, sexism, retaliation, etc. in its entirety and did not intend to allow employers to be just a little racist or a little sexist. </p><p class="">The Court also eliminated the application of the federal rules for proving that an employer discriminated against an employee, which were often confusing for juries . . . and judges and attorneys.  Finally, the Court announced that employers are entitled to a “same decision” defense. This means that if an employee proves that discrimination or retaliation was a motivating factor or played a part in the employer’s decision, the employer is liable under the ICRA unless the <strong><em>employer</em></strong> proves that it would have made the same decision even without the discriminatory or retaliatory motive.</p><p class="">As an employment discrimination lawyer, I am looking forward to advocating for my clients under these clearer standards. </p>]]></description></item><item><title>Empowered Women, Empower Women: The Importance of Supporting Women-Owned Businesses</title><dc:creator>Ann Brown</dc:creator><pubDate>Fri, 14 Jun 2019 13:55:12 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/6/14/empowered-women-empower-women-the-importance-of-supporting-women-owned-businesses</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5d038ea51d22a00001dfa868</guid><description><![CDATA[<figure class="
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  <p class=""><a href="https://www.forbes.com/sites/shelleyzalis/2019/03/06/power-of-the-pack-women-who-support-women-are-more-successful/#33b7d0361771" target="_blank">Forbes</a> just published a great article detailing how women who support other women professionally are more successful themselves. The article focuses on research from the Harvard Business Review that shows that women in particular benefit from having relationships with women peers. The article was great, but this “news” is not at all surprising to me or my women colleagues and friends who know that their tribe has been a big reason for their success. </p><p class="">When I was growing up, girls were often taught to compete with one another; when I started practicing law, that message was reinforced by the idea that there was only room for a few women at the top. Because of this, women professionals felt like they had to compete to get the one seat at the table, the one partnership, the one spot on the Court reserved for women. But that idea was a lie because THERE IS ROOM AT THE TOP FOR ALL WOMEN! This brings me to one of my favorite Ruth Bader Ginsburg (RBG for the hipsters) quotes. When asked when she believed the Supreme Court would have enough women, she responded with “When there are 9!”</p><p class="">I love celebrating the success of other women. I love helping other women work through professional issues, and I seek out other women when I need help and support. Earlier this year I tried a case against a woman lawyer. When my client and I came out on top, she called to congratulate me, and I had the chance to compliment her trial advocacy skills. Last month when settling a tough case, the woman defense lawyer and I were able to have meaningful, honest conversations about the case that led to its resolution. After it was concluded, I made sure to tell her what I believed she did well in handling the case. Developing these relationships has made me much more successful, better able to represent my clients and . . . happier. </p><p class="">One big way that women can support other women is by supporting women-owned businesses. <a href="https://www.wbenc.org/blog-posts/2018/10/10/behind-the-numbers-the-state-of-women-owned-businesses-in-2018" target="_blank">As of 2018, there are 12.3 women-owned businesses in the U.S. that employ 9.2 million people and generate $1.8 trillion in annual revenue. </a> I had tremendous support from other women when I opened my firm and it meant the world to me. Another way to connect with local women professionals and women-owned business is the Professional Women’s Network. Check out their website <a href="http://www.pwnia.org/" target="_blank">here</a>. </p><p class="">One way that I am hoping to pass on the support that has been given to me is to feature local women-owned businesses on our social media. We are calling it “Women Wednesday” and will feature local women-owned businesses to help spread the word. Check it out starting next Wednesday. </p>]]></description></item><item><title>Iowa at the forefront of LGBTQ civil rights? How this little state in the middle of the country has led the way  towards equality. </title><category>Employment Law</category><dc:creator>Ann Brown</dc:creator><pubDate>Tue, 04 Jun 2019 13:44:09 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/6/3/iowa-at-the-forefront-of-lgbtq-civil-rights-how-this-little-state-in-the-middle-of-the-country-has-led-the-way-towards-equality</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5cf58defe05858000195b5f6</guid><description><![CDATA[<h1><strong>June is LGBTQ Pride Month!</strong></h1>


































































  

    
  
    

      

      
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  <p class="">Most Iowans know that Iowa was one of the earliest states to legalize gay marriage. 2019 marks the 10-year anniversary of the Iowa Supreme Court’s<em> Varnum v. Brien</em> decision in which the Court ruled that Iowa’s law prohibiting same sex couples from getting a marriage license violated the Iowa Constitution. This ruling made Iowa only the 3rd state in the nation to establish marriage equality and was six years before the US Supreme Court reached the same conclusion. </p><p class="">But a lesser known fact is that Iowa  was also at the forefront of protecting the LGBTQ community from other types of discrimination. In 2007, the Iowa legislature amended the Iowa Civil Rights Act to extend its prohibition against discrimination to include discrimination based on sexual orientation and gender identity. The Iowa Civil Rights Act prohibits discrimination in employment, public accommodations, credit, housing and education. Iowa was the 19th state to include civil rights protections for gay people and only the 10th state to include protections for transgender people. </p><p class="">At Ann Brown Legal we are proud of Iowa’s history in standing up for the rights of LGBTQ individuals. All people deserve the right to work and support themselves and their families free from discrimination. </p><p class="">If you believe your employer (or a potential employer) has discriminated against you because of your sexual orientation or gender identity, please call us to discuss your rights at (319) 826-2250.</p><p class="">Happy Pride Month to all!</p>]]></description></item><item><title>Crash with UBER or Lyft Driver? What happens if you are in an accident with a driver using one of the popular rideshare apps? Should you contact a personal injury law firm?</title><category>personal injury</category><category>Car Accidents</category><category>wrongful death</category><dc:creator>Ann Brown</dc:creator><pubDate>Fri, 31 May 2019 13:25:53 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/5/30/crash-with-uber-or-lyft-driver-what-happens-if-you-are-in-an-accident-with-a-driver-using-one-of-the-popular-rideshare-apps-should-you-contact-a-personal-injury-law-firm</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5cf02fb2f7aa5900016a3d68</guid><description><![CDATA[<figure class="
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  <p class="">Since 2009, when Uber launched in San Francisco, ride share apps have become extremely popular and are available to take people from Point A to Point B almost everywhere in the world. Uber and Lyft are the two largest ride sharing apps in the world. In 2017, Uber had over 7 million drivers. </p><p class="">No doubt the ride sharing apps have provided a much-needed convenience, but what has their impact been on safety on the roads? On the one hand, Uber and Lyft provide a safe way home for people after a night of drinking, and there is <a href="https://www.nytimes.com/2017/04/07/business/uber-drunk-driving-prevention.html" target="_blank">some evidence that these ride share apps have reduced drunk driving</a>. But there is also <a href="https://research.chicagobooth.edu/-/media/research/stigler/pdfs/workingpapers/27thecostofconvenience.pdf" target="_blank">evidence</a> that links the increased popularity of ride share services to an increase in fatal car crashes. This evidence largely concludes that the increase in cars on the road as a result of Uber and Lyft has increased the number of traffic related deaths. </p><p class="">A more relevant question for many users of these ride share apps is what happens if they get injured in a crash while riding with an Uber or Lyft driver? Or similarly, what happens if they are travelling in another car and are hit by an Uber or Lyft driver? The answer is that these crashes are the same as any other crash as far as determining who is at fault and responsible, but the insurance company that pays the claim may be different. </p><p class="">In any car accident, the person who causes the accident or is to blame is responsible for any injury suffered by other parties. In some states, like Iowa, the owner of the vehicle may also be responsible, and if the driver was working at the time of the crash the driver’s employer may also be responsible. But Uber and Lyft don’t own the vehicles used for the service and they have repeatedly argued that the drivers are not their employees and so it is probably difficult to sue Uber or Lyft for an accident caused by one of their drivers. But that also likely doesn’t matter. </p><p class="">In almost all car accidents, the insurance company for the negligent driver pays any damages caused by the driver.  <a href="https://www.uber.com/drive/insurance/" target="_blank">Uber </a>requires all of their drivers to carry car insurance. The driver’s personal auto insurance applies when the driver does not have their app on and is not taking riders. If an Uber driver has the app on and is simply available to drive or waiting for a driver, Uber provides insurance to that driver  for injuries in the amount of $50,000 per person or a total of $100,000 per accident. If an Uber driver is traveling to pick up a passenger or has a passenger in the car, Uber provides $1,000,000 in liability insurance. </p><p class="">If you have been injured in an accident involving an Uber or Lyft driver, there are a few things you may want to do:</p><ol data-rte-list="default"><li><p class="">Get a copy of the police report;</p></li><li><p class="">Get any medical care that you need; </p></li><li><p class="">Make sure you have the contact information for all of the drivers involved; and</p></li><li><p class="">Decide if you want to speak with a car accident injury attorney.</p></li></ol><p class="">Personal injury claims involving Uber or Lyft drivers can present somewhat complicated insurance coverage questions. It may be beneficial to speak with a car accident injury attorney before deciding how best to pursue your claim for injuries. </p><p class="">If you have questions about an Iowa car accident, please call our office at (319) 826-2250.</p>]]></description></item><item><title>A sexual harassment policy is not enough. How can we make meaningful progress towards ending sexual harassment?</title><dc:creator>Ann Brown</dc:creator><pubDate>Tue, 21 May 2019 20:22:42 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/5/21/a-sexual-harassment-policy-is-not-enough-how-can-we-make-meaningful-progress-towards-ending-sexual-harassment</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5ce41e60168aec000159634e</guid><description><![CDATA[<p class="">For years most employers have had a basic sexual harassment policy that goes something like: sexual harassment is bad, and we don’t allow it. Have these policies helped to to reduce sexual harassment? NOPE! </p><p class="">For many employers these policies were adopted in the hopes of avoiding liability in sexual harassment lawsuits, but not for the purpose of eliminating sexual harassment…and that is the problem. Employers cannot simply add a few paragraphs to their employee handbook and call it good, essentially declaring sexual harassment as an inevitable problem in every workplace. But that is NOT TRUE. Sexual harassment is not inevitable, it is preventable. And it is time for actions, not just words. </p><p class="">What are a few things that <a href="https://www.forbes.com/sites/victorlipman/2017/11/06/3-steps-companies-can-take-to-prevent-sexual-harassment/#fd0de9738a97" target="_blank">Forbes </a>has identified that employers should be doing?</p><ol data-rte-list="default"><li><p class=""><strong>The message needs to come from the very top.</strong> That means the CEO, not managers, not human resources. The CEO. The message is important, and it needs to come from the most powerful person in the company. It needs to be said clearly, and it needs to be said often—zero tolerance for sexual harassment. If the CEO doesn’t believe in a zero tolerance policy or has their own history of harassment, there is a simple solution for that—get a new CEO. </p></li><li><p class=""><strong>Evaluate managers on complaints of sexual harassment</strong>. Performance evaluations drive promotions and compensation.  Any person in an organization who supervises other employees should be evaluated on both whether there are complaints of sexual harassment within their group and on how they effectively deal with those complaints. Enforcement of a company’s sexual harassment policy needs to be a priority and linking compensation to that is a good way to start. </p></li><li><p class=""><strong>Make the reporting process known and safe</strong>. Every employee in a company should know how to report sexual harassment. Every employee should know they will not be retaliated against. This means that when retaliation happens the person who retaliated is fired. Employees will not report sexual harassment if they see their co-workers who have reported being retaliated against without consequence. </p></li></ol><p class=""><a href="https://www.nytimes.com/2017/12/11/upshot/sexual-harassment-workplace-prevention-effective.html" target="_blank">Researchers in 2017 found that the typical employer approach of  including language in the employee handbook and a training by human resources not only doesn’t help, but may make things worse</a>. Many sexual harassment training programs portray men as natural sexual harassers and women as victims. These portrayals may make women feel less empowered to report sexual harassment. Also, these types of training programs have the least impact on men who are likely to harass. This research shows the bystander training and training on civility in the workplace are more effective than traditional sexual harassment training. This training helps employees to act when they witness harassment not just when they are being subjected to harassment. It also helps employees learn what to do in the workplace instead of just what they should not be doing. </p><p class="">What is one critically important step that companies can take to reduce sexual harassment? <a href="https://hbr.org/2017/11/training-programs-and-reporting-systems-wont-end-sexual-harassment-promoting-more-women-will" target="_blank">Put women in leadership and key positions!</a> Putting women in leadership positions helps change the culture of a workplace and makes it more likely that sexual harassment policies will actually be enforced and that women will feel empowered to report sexual harassment. <a href="https://finance.yahoo.com/news/gm-apos-board-more-women-103001771.html" target="_blank">There has recently been some exciting news on this issue. </a>General Motors has just announced that for the first time in its history there will be more women on the Board of Directors than men.  GM is not alone. Other Fortune 500 companies have boards with a majority made up of women including Viacom, Bed Bath and Beyond, CBS, Omnicorp and Iowa-based Casey’s General Stores. Hopefully, with an increase in women in leadership positions, we will start to see a decrease in sexual harassment. </p><p class="">The first step to ending sexual harassment is accepting that it is not an inevitable part of any workplace. It is preventable. Employers are responsible for preventing sexual harassment. Sexual harassment not only hurts the victim, it hurts the company as a whole. </p><p class=""><strong><em>If you have been subjected to sexual harassment and would like to know if a sexual harassment attorney can help you, please call us at (319) 826-2250 for a confidential and free consultation. </em></strong></p><p class=""><br></p>]]></description></item><item><title>Lawyer Like a Mother </title><category>Child Injuries</category><category>women leaders</category><dc:creator>Ann Brown</dc:creator><pubDate>Fri, 10 May 2019 16:14:00 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/5/9/lawyer-like-a-mother</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5cd490510852298b496e54a9</guid><description><![CDATA[<figure class="
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  <p class="">We are getting ready for Mother’s Day Weekend and I am hoping to spend Sunday being waited on hand and foot by my girls and my husband … or at least getting out of doing the laundry. But I am also reflecting on my mom and on being a mom and thinking about all of the mommas who have impacted me both personally and as a lawyer. </p><p class="">It feels like a cliché to say, “I would not be where I am today without my mom.” But sometimes phrases become cliché because they are universally true. I am not going to list all of the times my mom picked me up or pushed me forward or believed in me—there are too many.  She forced me to go to college, encouraged me to go to law school and when the time came, to open my own law firm. When fear of failure held me back, she pushed and pushed with her relentless belief in both me and my idea of a different kind of law firm.  She even came out of retirement to be the business manager at this firm, even though she is a bit over qualified.</p><p class="">And becoming a mom, well that has had a tremendous impact on the kind of lawyer I am too. When I first started practicing law, I saw my personal life and professional life as completely separate. But as my career went on and I grew from my failures and successes, I realized that my values, my family, my thoughts and feelings—all the parts that make up my life—were critically important to being the best lawyer that I can be.</p><p class="">I have no doubt that being a mom has made me a better lawyer. </p><ol data-rte-list="default"><li><p class="">It has certainly made me more patient. Without fail, it takes my 12-year-old daughter 30 minutes from the time I announce we have to leave until she is in the car with all items that she needs. </p></li><li><p class="">Having children is very humbling. All of my flaws,  every mistake I make (big or small) my kids are right there to point it out to both me and complete strangers that may be nearby. </p></li><li><p class="">It has helped me to see what is important. When I represent injured people or families who have lost someone, I am able to better understand what has truly been lost and better able to tell their stories to the jury.</p></li><li><p class="">It has made me more passionate about what I do. I am inspired to be an example for my girls. I also feel a sense of obligation to do the most that I can to make the world a little better, a little safer, a little fairer. </p></li><li><p class="">It helps me put my clients’ needs first. Sometimes lawyers make cases about themselves. It becomes the lawyer’s win. But I see my cases as my  clients’ cases. It is their story, not mine. While I advise them, ultimately, they make the decisions about their cases. This is something I learned from having children. It is just not about me. </p></li></ol><p class="">I have represented a lot of moms in both their own claims  or claims they brought for their child who was harmed by another. Moms from all walks of life. I have witnessed time and again the enduring love of motherhood. Moms who have spent months in hospitals with their children. Moms working two jobs to put food on the table but who have still managed to make it to every basketball game. Moms who have stood up for their children through cases lasting years or through defense attorneys taking shots at them. Moms showing unbelievable strength, courage and most of all, love for their children. </p><p class="">This last year is the first time I have ever heard the phrase “There is no such thing as other people’s children.” Nothing has ever resonated with me as much as this statement. I want this to be the motto of my life. We should care about all children as if they were our own. </p><p class="">From my mom and being a mom, and from all the moms I have known, I have learned to be courageous, tenacious and compassionate—to lawyer like a mother. </p><p class="">Happy Mother’s Day!</p>]]></description></item><item><title>It’s Motorcycle Safety Month - A Motorcycle Injury Attorney's Tips for Staying Safe</title><category>personal injury</category><category>motorcycle crash</category><dc:creator>Ann Brown</dc:creator><pubDate>Fri, 10 May 2019 14:12:00 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/5/9/motorcycleinjuryattorney</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5cd4857be2c4837f9717c88c</guid><description><![CDATA[<figure class="
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  <p class="">May is Motorcycle Safety Awareness Month.  The weather in Iowa is <strong><em>finally</em></strong> getting warmer and bikers can get back on the road. As a motorcycle injury attorney, I have learned a lot about motorcycles and motorcyclists. The number one thing I have learned is that bikers are passionate about getting around on two wheels.  Motorcyclists deserve to stay safe on the roads just as much as people travelling on  four wheels, but unfortunately, that does not always happen.  I have represented motorcycle riders with catastrophic injuries because while many riders love being on their bike more than anything, if they are hit their injuries can be severe. <a href="https://www.nhtsa.gov/road-safety/motorcycle-safety" target="_blank">Motorcyclists are 28 times more likely to die from injuries in a crash than people who were travelling in a car during a crash. </a> Here are some tips from NHTSA’s Get Up to Speed on Motorcycles Campaign:</p><ol data-rte-list="default"><li><p class="">Look carefully for motorcycles at intersections with obstructions like trees or hills; </p></li><li><p class="">Be careful checking your blind spots for motorcycles;  and </p></li><li><p class="">Be aware that it is often safer for motorcycles to slow without using their brakes so do not follow too closely and rely on the back-brake light to know when a motorcycle is slowing. </p><p data-rte-preserve-empty="true" class=""></p></li></ol><p class="">If you or someone you love has been injured in a motorcycle crash, we are here to help. Please call us at (319) 826-2250. </p>]]></description></item><item><title>Accidents and Brain Injuries - When to Call a Personal Injury Law Firm</title><category>Car Accidents</category><category>personal injury</category><category>Child Injuries</category><dc:creator>Ann Brown</dc:creator><pubDate>Wed, 13 Feb 2019 20:40:15 +0000</pubDate><link>https://www.annbrownlegal.com/blog/2019/2/8/accidents-and-brain-injuries-when-to-call-a-personal-injury-law-firm</link><guid isPermaLink="false">57cb352e59cc6804d17c835f:583b2644b8a79b774fb7fb58:5c5dbe6be2c4832dcb9889c5</guid><description><![CDATA[<p>According the <a href="https://www.cdc.gov/traumaticbraininjury/get_the_facts.html" target="_blank">CDC,</a> traumatic brain injury is a major cause of death and disability in the United States, but often can be the last injury diagnosed when someone has been in an accident because of other, more obvious physical injuries. </p><p>But the statistics about brain injuries are staggering:</p>


































































  

    
  
    

      

      
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  <ol data-rte-list="default"><li><p>There are nearly 3 million hospital visits and deaths in the US each year;</p></li><li><p>Nearly 330,000 children are treated for brain injuries each year; and </p></li><li><p>Car accidents are the third leading cause of brain injuries in the US. </p></li></ol><p>Because car accidents are a major cause of brain injuries, in fact car accidents are the leading cause of brain injury in people age 15-44, many people who have suffered a brain injury have a personal injury claim. Oftentimes, a brain injury is not immediately obvious, and a brain injury can occur from a sudden jolt to the head or body even if you didn’t strike your head.  The <a href="https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557" target="_blank">Mayo Clinic</a> lists physical symptoms as including headaches, dizziness, sleep problems and difficulty with speech. Mental symptoms include memory and concentration problems, changes in mood and feeling depressed or anxious.   </p><p>As a personal injury law firm, we have represented numerous victims of head injury, and their families often describe them as completely changed people. </p><p>Personal injury claims for persons with a brain injury require different types of evidence than claims where the injury is easy to see on an x-ray. It’s often necessary to obtain expert opinions from multiple physicians and psychiatrists specializing in brain injury. Equally important are getting as many witnesses as possible who have observed changes in the person because of the brain injury. </p><p>Oftentimes, insurance companies do not place a high enough value on what has been taken from someone who has suffered a brain injury. An experienced personal injury law firm can help gather the necessary evidence to help a jury understand just how devastating this injury is. </p><p>If you or someone you love has suffered a brain injury through the fault of another and you would like more information about your options, please call our office at (319) 826-2250. </p><p><em>The above information is meant to be helpful but does not replace advice you may receive from an attorney you have an attorney-client relationship with. </em></p><p data-rte-preserve-empty="true"></p>]]></description></item></channel></rss>