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 …
November 2023 Opinion Roundup
The Iowa Supreme Court entered opinions in six cases during November 2023. You can read Rox Laird’s summary State v. Amisi at the link here. The remaining opinions from November are summarized below.
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 Court of Appeals December 2023 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. On December 1, 2023, the Court of Appeals selected three opinions for publication, summarized below.
FEATURED POSTS
Sex offender not eligible for release after serving prison sentence, Iowa Supreme Court rules
Stewart Schuman completed a prison sentence for sex crimes in 2012. But in the decade since, Shuman, who is now 69 years old, has been confined in a sex-offender treatment unit in the Cherokee Mental Health Institute following his civil commitment as a sexually violent predator.
In 2022 the Story County District Court ru …
Iowa Supreme Court to hear arguments in four cases Jan. 23
The Iowa Supreme Court will hear arguments in four cases Jan. 23. 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.
State universities must pay health care association assessments, Iowa Supreme Court holds
The Iowa Legislature in 1995 enacted health care insurance reforms aimed at improving individual access to health insurance. Among other things, the legislation created the Iowa Individual Health Benefit Reinsurance Association, a private nonprofit corporation.
Individual health insurance providers are required by the st …
Iowa Supreme Court clarifies statutory “certificate of merit” requirements for medical malpractice suits
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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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.