IOWA REFORMS

Appeal Bond Reform: SF 2306 (2004); Amended Iowa Code § 625A.9.  Limits the amount a defendant can be required to pay to secure the right to appeal to $100 million.

Collateral Source Rule Reform: SF 482 (1987).  Permits the admissibility of evidence of collateral source payments.  

Frivolous Lawsuit Sanction: SB 2265 (1986).  Allows a court to assess penalties for frivolous lawsuits or deceptive tactics.

Joint and Several Liability Reform: HF 693 (1997): Iowa Code Ann. § 668.4.  Bars application of the rule of joint and several liability in the recovery of all noneconomic damages, and economic damages, where a defendant is found to be less than 50% at fault.

Medical Liability Reform: Contingent Fee Reform: Iowa Code Ann. § 147.138.  Provides that a court in medical liability cases “shall determine” the reasonableness of the contingency fee. 

Medical Liability Reform: Collateral Source Rule Reform: Iowa Code Ann. § 147.136.  Provides for awards in medical liability cases to be offset by collateral sources.  The failure of the statute abrogating the collateral source rule in specified situations involving medical and hospital malpractice claims to distinguish between insured and self-insured institutions did not violate the equal protection clause of the Federal Constitution.  Lambert v. Sisters of Mercy Health Corp., 369 N.W.2d 417 (Iowa 1985).

Noneconomic Damages Reform: HF 2525 (2000); Iowa Code § 613.20.  Prohibits a motorist, passenger or pedestrian from collecting noneconomic damages for injuries sustained in an automobile crash caused during the commission of a felony.

Periodic Payment of Future Damages: SB 2265 (1986): Iowa Code Ann. § 668.3(7).  Allows a court to order the periodic payment of future damages, unless it would be inequitable or there are insufficient guarantees of future collectability.

Prejudgment Interest Rate Reform: HF 693 (1997); Amended Iowa Code § 535.3.  Sets the prejudgment interest rates at the U.S. Treasury Rate plus 2%.

Prejudgment Interest Rate Reform: SF 482 (1987).  Prohibits the assessment of prejudgment interest for future damages.  (Other interest accrues from the date of commencement of the actions at a rate based on the U.S. Treasury Bill.)

Product Liability Reform: Statute of Repose: HF 693 (1997); Iowa Code § 614.1.  Establishes a 15‑year statute of repose for product liability lawsuits not involving fraud, concealment, latent diseases caused by harmful materials, or specified products.

Punitive Damages Reform: SF 482 (1987).  Requires a plaintiff to show by a “preponderance of clear, convincing, and satisfactory evidence that the conduct of the defendant from which the claim constituted willful and wanton disregard for the rights or safety of another.”

Punitive Damages Reform: SB 2265 (1986): Iowa Code Ann. § 668A.1.  Requires a plaintiff to show that a defendant acted with “willful and wanton disregard for the rights and safety of another.”  (In 1987 the evidence standard was elevated to “clear, convincing, and satisfactory” evidence.)  Requires 75% or more of all punitive damages awards to be paid to the State Civil Reparations Trust Fund.  The statute directing 75% of punitive damages awards to a civil reparation trust fund did not violate the equal protection or due process clauses of the State or Federal Constitutions.  Shepherd Components, Inc. v. Brice Petrides-Donohue & Associates, Inc., 473 N.W.2d 612 (Iowa 1991).