Iowa law requires that a party bringing a malpractice action against a health care provider provide defendants with an expert witness affidavit regarding the alleged breach of the applicable medical standard of care, referred to as a “certificate of merit”. In three decisions handed down Dec. 22, the Iowa Supreme Court …
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Indiana doctor can be sued over contract dispute in Iowa, Iowa Supreme Court holds
In 2021 Des Moines lawyer Marc Harding was considering bringing a medical malpractice action in Iowa and sent records related to the case to an Indiana surgeon to review. Harding ultimately decided against bringing the malpractice suit but instead sued the Indiana doctor over a consulting-fee dispute.
That dispute led to …
DOT’s delay in traffic stop violated trucker’s 4th Amendment rights, Iowa Supreme Court holds
There is no time limit on law-enforcement traffic stops before the line is crossed into a Fourth Amendment violation, the Iowa Supreme Court said in a Dec. 8 decision, and courts must thoroughly examine the record to determine where to draw that line in each case.
Iowa Supreme Court to hear arguments in 8 cases Dec. 13 and 14
The Iowa Supreme Court will hear arguments in eight cases Dec. 13 and 14. Three other cases will be submitted to the Court without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the December cases.
Iowa Supreme Court: ‘Scurrilous’ notes taped to doors of residents displaying rainbow flags amounted to hate crime
When Robert Geddes entered onto the private property of five Boone residents without permission, he violated Iowa’s trespass statute. It became a more serious crime when he taped “Burn that gay flag” messages on the front doors of those residences, which were displaying rainbow flags. That elevated the charge to tresp …
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Iowa Supreme Court: It is not enough to say that a cow does not belong on a highway
Was it enough for a truck driver who struck a cow on the interstate, seeking to prove the cow’s owner was negligent, to rely upon the very fact that the cow had been allowed to wander onto the highway in the first place?
Not without more, the Iowa Supreme Court said in a
The Iowa Supreme Court entered opinions in fourteen cases during December 2023. You can read Rox Laird’s analysis of State v. Geddes, State v. Arrieta, Harding v. Sasso, and Hummel v. Smith and Hilts v. Smith. The remaining opinions from December are summarized below. Des Moines Area Community College (DMACC) paid a female employee less than a male employee in a comparable position, but the pay differential did not amount to illegal discrimination, according to a Feb. 2 opinion by the Iowa Supreme Court. Sandra Selden, an Application Support Analyst 2 in the DMACC information technolo … The Polk County District Court did not exceed its authority in denying class action status to a group of Iowa chiropractors suing Wellmark Blue Cross and Blue Shield for alleged unlawful price fixing, the Iowa Supreme Court held in a Jan. 26 ruling.December 2023 Opinion Roundup
Iowa Supreme Court reverses jury verdict in DMACC pay discrimination case
Iowa Supreme Court: No class action status for chiropractors in antitrust suit against Wellmark
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On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.