Iowa Courts End Mask Mandate

March 2, 2022

On February 11, 2022, the Iowa Supreme Court entered an order ending the mask mandate in courtrooms across the state. Individuals entering court-controlled areas are no longer required to wear face coverings. However, judges retain the discretion to require face coverings in their courtroom. To read the Iowa Supreme Court’s Order in its entirety see: […]

Mark Thomas Admitted to the American College of Trial Lawyers

Mark Thomas has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The induction ceremony was held recently before an audience of approximately 600 during the recent Spring Meeting of the College in Coronado, California. Founded in 1950, the College is composed of the best […]

Iowa Supreme Court Affirms Lower Court’s Ruling on Experts in Medical Malpractice Action

February 7, 2022

This medical malpractice action arises from a stroke the plaintiff experienced following a surgery performed by Dr. Otoadese. After the plaintiff suffered the stroke, he was seen by Dr. Bekavac for a second opinion regarding his condition and whether he would have recommended the initial surgery. Dr. Bekavac also asked Dr. Halloran for his opinion […]

Amended Iowa Supreme Court Order Regarding Covid-19 Matters

The Iowa Supreme Court has issued an amended Order In the Matter of Ongoing Provisions for Coronavirus/Covid-19 Impact on Court Services. The amended Order went into effect on January 1, 2022.   Pursuant to the amended Order, face masks are still required when entering court-controlled spaces throughout the state, regardless of the individual’s vaccination status […]

Laura Martino Obtains Directed Verdict in Premises Liability Case

Laura Martino obtained a directed verdict on behalf of her client, Menards, Inc., in a premises liability action in the Northern District of Iowa. The case arose from a premises liability claim in which the plaintiff alleged that she was injured when a stack of boxes fell on her foot while she was shopping at […]

Iowa Court of Appeals Affirms Denial of Penalty Benefits Against Employer in Workers’ Compensation Action

January 17, 2022

After injuring his right hand at work, claimant filed a workers’ compensation action against his employer, seeking healing period benefits after he was placed at maximum medical improvement (MMI) by an authorized doctor. He also sought penalty benefits for the employer’s failure to pay benefits after he reached MMI through the arbitration hearing. Following an […]

Iowa Supreme Court Holds Tolling Provisions of Covid-Related Supervisory Orders Do Not Apply to the 30-Day Deadline to File a Petition for Judicial Review

Pursuant to Iowa Code section 17A.19(3), after an Application for Rehearing has been denied or deemed denied, a party has 30 days to file a Petition for Judicial Review. See Iowa Code section 17A.19(3). An Application for Rehearing is deemed denied if the workers’ compensation commission does not act upon it within 20 days. See […]

Iowa Workers’ Compensation Commission Extends Suspension of Certain In-Person Proceedings

The Iowa Workers’ Compensation Commission has issued an updated Order extending the suspension of all in-person regular contested hearings before the agency from January 31, 2022, through April 29, 2022. Regular contested hearings that were scheduled to occur during that period will be conducted via internet-based video unless the parties timely file a motion to continue. […]

Appellate Court States “Iowa Rules of Civil Procedure are Not Aspirational” and Reverses Lower Court’s Deviation from Court Rules

December 8, 2021

After the City of Cedar Rapids (the City) granted a land use amendment allowing an industrial use to be built in a residential neighborhood, various property owners (Landowners) challenged the City’s decision by filing writs of certiorari with the district court. “Without a hearing, the district court annulled the writs of certiorari” concluding that the […]

Appellate Court Holds Plaintiffs Cannot Circumvent the Public-Duty Doctrine by Labeling Governmental Actions as “Misfeasance”

A police officer was killed during a motor vehicle collision after an intoxicated driver, who was driving on the wrong side of the road, struck the police officer’s vehicle. The administrators of the police officer’s estate (Plaintiffs) filed suit against various governmental parties including the State of Iowa, City of Waukee, and City of West […]