Jacobson Buffalo

Phone: (651) 644-4710
Fax: (651) 644-5904
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Kasey Kincaid earned his Bachelor of Arts degree from Wartburg College and his law degree from Drake University, graduating first in his class. A member of the Order of the Coif, he also served as Notes Editor of the Drake Law Review and as a member of the Moot Court Board.

Following graduation, Mr. Kincaid served successive clerkships with judges on the Iowa Supreme Court and the United States Court of Appeals for the Eighth Circuit. He then entered private practice, concentrating on trial matters. He has advised a variety of clients in judicial, regulatory and alternative dispute resolution proceedings, including analysis of legal and related issues, development of strategic options and advocacy. Mr. Kincaid has briefed and/or argued over fifty federal and state court appeals. He also has served as a mediator and arbitrator.

While in private practice, Mr. Kincaid also served as Assistant Counsel to the Committee on Professional Ethics and Conduct of the Iowa State Bar Association. In this capacity, he prosecuted attorney disciplinary actions, including trials before the Iowa Supreme Court Grievance Commission and representation before the Iowa Supreme Court, and advised on ethics rules and related issues.

Mr. Kincaid has consulted and collaborated with government officials and candidates on political, legislative and public policy matters. He represented Iowa on the National Lawyers Council of the Democratic National Committee and served as Chairman of the Polk County (Des Moines, Iowa) Democratic Party.

In addition to co-authoring the first edition of Iowa Practice: Evidence, the West Publishing treatise on Iowa evidence law and practice, Mr. Kincaid has written extensively on legal issues. He was the co-author of several annual outlines on Iowa libel and privacy law for the Libel Defense Resource Center (New York), as well as the author or co-author of several law review articles.

Mr. Kincaid has been a lecturer in law at the Drake University Law School, the University of Iowa College of Law, and Washington (St. Louis) University College of Law, where he has taught courses in First Amendment Litigation, Constitutional Law, Juveniles and the Legal System, Law and Public Education, and Legal Writing/Appellate Advocacy. He has been a frequent speaker at continuing legal education seminars.

Representative matters includes:

• Ainslie v. Payless Cashways, Inc., U.S. District Court, S.D. Iowa (putative class action by store managers discharged as part of reorganization);
• Mercy Medical Center v. Anderson, MN D. Ct (Ramsey County)(constitutional challenge to Minnesota gross revenue tax on non-Minnesota health care providers);
• Caveman Adventures Un,ltd. v. Press-Citizen Co., Inc., 633 N.W.2d 757 (Iowa 2001)(reversing punitive damages award against newspaper based on allegedly defamatory advertisement);
• Fromm v. Principal Health Care, Inc., 244 F.3d 652 (8th Cir. 2001)(applying ERISA exemption for governmental plans to city-sponsored medical insurance plan);
• Whalen v. Connolly, 593 N.W.2d 147 (Iowa 1999)(applying Delaware corporation law to gaming limited partnership);
• Schlegel v. The Ottumwa Courier, 585 N.W.2d 217 (Iowa 1998)(establishing proof of reputational harm as prerequisite to recovery for libel under Iowa law);
• Prudential Ins. Co. v. Rand & Reed Powers Partnership, 141 F.3d 834 (8th Cir. 1998)(interpreting Iowa statute barring prepayment penalties in agricultural loans);
• Holsapple v. McGrath, 575 N.W.2d 518 (Iowa 1998)(examining scope of attorney duty of care to non-client beneficiaries);
• Huber v. Watson, 568 N.W.2d 787 (Iowa 1997)(analyzing product liability/asbestos exposure issues in context of legal malpractice action);
• Lundell Manufacturing, Inc. v. American Broadcasting Co., 98 F.3d 351 (8th Cir. 1996)(applying substantial truth doctrine in libel action based on network news broadcast);
• Teleconnect v. US West Communications, Inc., 508 N.W.2d 644 (Iowa 1993)(applying filed tariff doctrine to preclude tort and contract claims by one telcom company against second telcom company);
• In re: Des Moines Community School District, 487 N.W.2d 666 (Iowa 1992)(interpreting Iowa public records act in connection with secret settlement of race discrimination charges);
• Albia Publishing Co. v. Klobnak, 434 N.W.2d 636 (Iowa 1989)(interpreting state statute controlling designation of “official newspapers” for publication of government notices);
• Lambert v. Polk County, 723 F. Supp. 128 (S.D. Iowa 1989)(securing preliminary injunction compelling law enforcement officials to return videotape of fatal street fight);
• Des Moines Register & Tribune Co. v. Iowa District Court, 426 N.W.2d 142 (Iowa 1988)(extending public and press right of access to preliminary hearings and successfully challenging constitutionality of Iowa rule of criminal procedure);
  
• Iowa Automobile Dealers Ass’n v. Iowa State Appeal Bd, 420 N.W.2d 460 (Iowa 1988)(applying commerce clause to Iowa statute affording fee credit for motor vehicles sold or traded within Iowa);
• Stanfield v. Polk County, 18 Med. L. Rep. 1262 (Iowa D. Ct 1990)(applying constitutional privilege against compelled disclosure to freelance journalist);
• Grant v. Cedar Falls Oil Co., 480 N.W.2d 863 (Iowa 1992)(interpreting Iowa rule of civil procedure to preclude relation back of corrective amendment when party being added did not receive notice of initiation of litigation within applicable statute of limitations).