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Nancy J. Penner

Nancy J. Penner, Shuttleworth & Ingersoll, P.L.C.

Practice Areas

  • Appellate Law
  • Health Law
  • Litigation
  • Medical Malpractice

Admitted to Practice in

  • Iowa state courts
  • Northern District of U.S. District Court of Iowa
  • Southern District of U.S. District Court of Iowa
  • Eighth Circuit Court of Appeals
  • U.S. Supreme Court

Contact Information

Nancy J. Penner
Attorney, Senior Vice President
Shuttleworth & Ingersoll, P.L.C.

Phone: (319) 365-9461
Email: njp@shuttleworthlaw.com
Fax: (319) 365-8443

Nancy’s Assistant

Name: Haley Fauconniere
Phone: (319) 365-9461

About Nancy J. Penner

Nancy Penner is an Attorney and Senior Vice President at Shuttleworth. She focuses on legal writing, appellate law, and medical malpractice.  Her practice includes providing research, analysis, and legal writing for a wide variety of clients and cases.  Her appellate practice includes briefing and oral arguments before the Iowa Supreme Court, Iowa Court of Appeals, and the United States Court of Appeals for the Eighth Circuit. She was the first chair of the firm’s Appellate Law Practice Group.

Nancy grew up on a farm in southeast Iowa.  She earned her undergraduate and graduate degrees in nursing and worked in area hospitals for ten years before entering law school.  Her health care work experience included intensive care, nursing education and staff development, and hospital risk management.

Education:

  • Mount Mercy College, B.S. Nursing and Biology (summa cum laude) (1981)
  • University of Iowa, M.A. Nursing (1985)
  • University of Iowa, J.D. with Highest Distinction (Order of the Coif) (1994)
    • Iowa Law Review–Managing Editor (1993-1994)
    • Recipient – John F. Murray Academic Award

Professional Affiliations

  • Iowa State Bar Association (Member of the Health Law Section) (Council Chair-2003-2004) (Member of Appellate Practice Committee 2015-present)
  • Linn County Bar Association

Awards and Recognitions

  • Named Cedar Rapids Lawyer of the Year in Appellate Practice by Best Lawyers® 2014
  • Listed in The Best Lawyers in America®—Appellate Law
  • Listed as a Great Plains Super Lawyer®
  • Martindale-Hubbell, Inc. Rating “AV”
  • Recipient of Governor’s Volunteer Award (2009)
  • Waypoint Women of Achievement Honoree (2005)
  • Leadership For 5 Seasons (class of 1999)

Community and Personal

  • Iowa Legal Aid (Volunteer Attorney)
  • Current and/or past involvement in healthcare, human services, nursing, and faith-based organizations and groups.

Representative Work/Cases

Nancy has experience with the legal issues inherent in medical malpractice, product liability, medical device and pharmaceuticals, and commercial litigation.  She provides legal analysis, writing and oral argument on the following substantive and procedural matters in state and federal courts:

  • Daubert motions
  • Motions to dismiss for lack of personal jurisdiction
  • Applications for temporary and permanent injunctions
  • Evidentiary and discovery motions
  • Motions for summary judgment
  • Trial pleadings, including motions in limine and jury instructions
  • Post trial motions
  • Appeals
  • Applications for interlocutory appeals

Nancy has been involved in 57 appeals before the Iowa Supreme Court and Court of Appeals and 10 appeals before the United States Court of Appeals for the Eighth Circuit.

Recent News Updates

From the Desk of Nancy J. Penner

Iowa Supreme Court

Kunde v. Estate of Bowman

This case includes discussion of the following: The failure of equitable claims of quantum meruit and unjust enrichment as a matter of law given the existence of an express agreement on the same subject. The development and history of promissory estoppel in Iowa, including inconsistency in Iowa case law with some decisions applying a “three-element test” and others applying a “four-element test.”

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Iowa Supreme Court

Iowa’s Version of the Sham Affidavit Rule—The “Contradictory Affidavit Rule”

In Estate of Gray v. Baldi, 880 N.W.2d 451 (Iowa 2016), the Iowa Supreme Court addressed evidence offered in resistance to a summary judgment motion that was contradictory to other evidence. In Gray, the issue was whether a medical malpractice claim was timely filed. Assuming without deciding that the medical malpractice discovery rule applied in a wrongful death case, the Court held that part of the claim was time-barred given the plaintiff’s knowledge more than two years before filing suit.

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Shuttleworth & Ingersoll Notepad

As Promised: An Amendment to Rule 1.904(2)

In a February 2016 decision, the Iowa Supreme Court indicated that it had “initiated an effort to explore [the] possible amendment” of Rule 1.904. See Hedlund v. State, 875 N.W.2d 720 (Iowa 2016).

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