IOWA REFORMS

 

Civil Justice Reforms Upheld as Constitutional (after 1983)

 

Koppes v. Pearson, 384 N.W.2d 381 (Iowa 1986). The statute of limitations for medical liability lawsuits did not violate the equal protection clauses of State or Federal Constitutions.

Krull v. Thermogas Co. of Northwood, Iowa, a Div. Of Mapco Gas Prods. Inc., 522 N.W.2d 607 (Iowa 1994). The 15-year statute of repose for improvements to real property did not violate the equal protection clauses of the State or Federal Constitutions; Bob McKiness Excavating & Grading, Inc. v. Morton Buildings, Inc., 507 N.W.2d 405 (Iowa 1993) ) (real property statute of repose did not violate due process clauses of State or Federal Constitutions).

Lambert v. Sisters of Mercy Health Corp., 369 N.W.2d 417 (Iowa 1985). The failure of the statute abrogating the collateral source rule in specified situations involving medical and hospital liability claims to distinguish between insured and self-insured institutions did not violate equal protection clause of the Federal Constitution.

Shepherd Components, Inc. v. Brice Petrides-Donohue & Associates, Inc., 473 N.W.2d 612 (Iowa 1991). 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)\.

Civil Justice Reforms Struck Down as Unconstitutional (after 1983)

 

The Supreme Court of Iowa has not struck down any of the state’s civil justice reform laws. 

Civil Justice Reforms Unchallenged on Constitutional Grounds

 

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. 

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.