Iowa Issues

Reforms View All »

Phantom Damages Reform – S.F. 2338 (2020)

Iowa|2020

Limits the evidence offered to prove past medical expenses to

Limits the evidence offered to prove past medical expenses to the amounts actually paid to satisfy the bills that have been satisfied and the amounts actually necessary to satisfy the bills that have been incurred but not yet satisfied. Provides that, except in certain medical malpractice actions, in an action brought to recover damages for personal injury, the damages that may be recovered by a claimant for the cost of medical care shall not exceed the amounts actually paid to the health care providers who rendered treatment and any amounts necessary to satisfy the charges that have been incurred but not yet satisfied.

[hide]

Unchallenged

Collateral Source Rule Reform: SF 482 (1987).

Iowa|1987

Permits the admissibility of evidence of collateral source payments.

[…]

Permits the admissibility of evidence of collateral source payments.

[hide]

Attorney General Sunshine / Private Attorney General Sunshine

Reforms

Government Retention of Personal Injury Lawyers: H.F. 563 (2012)

Iowa|2012

Provides that a state shall not enter into a contingency

[…]

Provides that a state shall not enter into a contingency fee contract with a private attorney unless the Attorney General makes a written determination prior to entering into the contract, that contingency fee representation is both cost-effective and in the public interest. Limits the aggregate contingency fee a private attorney can receive to 25% of any recovery up to $10 million, 20% of any recovery between $10-$15 million, 15% of any recovery between $15-$20 million, 10% of any portion between $20-$25 million, and 5% of any recovery that exceeds $25 million. In no event shall the aggregate contingency fee of any recovery exceed $50 million. Allows the caps to be waived if approved by the majority of the state Executive Council (Governor, Secretary of State, Auditor, Treasurer, and Secretary of Agriculture). Requires the contract, payments made under the contract, and the attorney general’s written determinations to be posted on the attorney general’s website.

[hide]

Reforms View All »

Medical Liability Reform – H.F. 161

Iowa|2023

Iowa – 2023

[…]

Provides, among other things, a limit on noneconomic damages of $250,000. If the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death, which warrants a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained, in which case the amount recoverable shall not exceed $1 million, or $2 million if the action includes a hospital. The limitations on noneconomic damages increases 2.1% on January 1, 2028, and each January 1 thereafter.

[hide]

Unchallenged

Statute of Limitations- H.F. 693 (1997)

Iowa

Establishes a medical liability statute of limitations for minors under

[…]

Establishes a medical liability statute of limitations for minors under age 8 until the minor’s 10th birthday.

[hide]

Unchallenged

Reforms View All »

Punitive Damages Reform: SF 482 (1987).

Iowa|1987

Requires a plaintiff to show by a “preponderance of clear,

[…]

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.”

[hide]

Punitive Damages Reform: SB 2265 (1986): Iowa Code Ann. § 668A.1.

Iowa|1986

Requires a plaintiff to show that a defendant acted with

[…]

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).

[hide]

Miscellaneous

Reforms View All »

Commercial Trucking Litigation Reform – S.F. 228

Iowa|2023

Iowa – 2023

[…]

Provides for a limit of $5 million on noneconomic damages per plaintiff, with exceptions to the limit as specified. The limit adjusts for inflation every two years beginning in 2028. “Commercial Motor Vehicle” is specifically defined in the law and that definition provides for a limited list of “commercial motor vehicles” to which the limit applies. Employer cannot be sued for negligent hiring if certain conditions apply. Finally, the legislation provides that plaintiffs are allowed to collect 100% of punitive damages.

[hide]

Unchallenged

Asbestos Bankruptcy Trust Transparency: S.F. 376 (2017)

Iowa|2017

Requires plaintiffs to file and disclose all asbestos trust claims

[…]

Requires plaintiffs to file and disclose all asbestos trust claims before proceeding to trial in any asbestos action, provide all parties with all trust claims materials connected to the plaintiff’s exposure to asbestos, and if the plaintiff’s claim is based on exposure to asbestos through another individual, plaintiff must produce all trust claims materials submitted by that individual to any asbestos trusts. The bill allows a defendant to file a motion requesting a stay of the proceedings if the defendant has information that could support the filing of additional trust claims by the plaintiff. If the court determines that there is sufficient basis, the court shall stay the asbestos action until the plaintiff files the asbestos trust claim and produces all related trust claims materials. The bill also has medical criteria to set aside the cases of the non-sick for both asbestos and silica actions, would abolish consolidation of dissimilar cases, and would abolish liability for component parts or replacement parts made by third-parties.

[hide]

Unchallenged

Latest News

View all news

Lawsuit Advertising Frenzy Fuels Georgia’s Litigation Epidemic

Press Releases

Law Firms Spent $168M+ on 2.2M Ads in Georgia

Trial Lawyers’ Dual Grip on Pennsylvania Politics and Public Opinion Revealed in New ATRA Reports

Press Releases

ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems

Reports Reveal Influence of Trial Lawyers on New Jersey’s Legal Landscape

Press Releases

Two New Reports Analyze Legal Services Advertising Trends and Campaign Contributions

California Trial Lawyers’ Influence on Legal Landscape Exposed

Press Releases

Two New Reports Unveil Disturbing Trends in Legal Services Advertising and Plaintiffs’ Firms’ Political Contributions

New Reports Expose Trial Lawyers’ Grip on Nevada Politics and Legal Advertising Trends

Press Releases

In-depth analysis unveils trial lawyers’ staggering advertising and political spending, exposing tactics used to shape public opinion and legal outcomes.

Explosive New Reports Uncover Shocking Trends in Legal Advertising and Campaign Contributions in New York State

Press Releases

ATRA’s Latest Reports Reveal the Deep Ties Between Trial Lawyers and New York Politics

Phantom Damages Reform

Attorney General Sunshine / Private Attorney General Sunshine

Appeal Bond Reform

Joint and Several Liability

Judgement Interest Reform

Medical Liability Reform

Noneconomic Damages Reform

Product Liability

Punitive Damages

Miscellaneous

Latest News

View all news

Lawsuit Advertising Frenzy Fuels Georgia’s Litigation Epidemic

Trial Lawyers’ Dual Grip on Pennsylvania Politics and Public Opinion Revealed in New ATRA Reports

Reports Reveal Influence of Trial Lawyers on New Jersey’s Legal Landscape

California Trial Lawyers’ Influence on Legal Landscape Exposed

New Reports Expose Trial Lawyers’ Grip on Nevada Politics and Legal Advertising Trends

Explosive New Reports Uncover Shocking Trends in Legal Advertising and Campaign Contributions in New York State