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Expedited Civil Actions in Iowa – a Defense Perspective by Stephen E

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Expedited Civil Actions in Iowa – a Defense Perspective by Stephen E Dedicated to improving our civil justice system DEFENSE UPDATE SPRING 2016 VOL. XVIII, No. 2 Find us on Facebook, Twitter & LinkedIn How Did We Get Here? Where Are We Going? Expedited Civil Actions In Iowa – A Defense Perspective by Stephen E. Doohen and Siobhan Briley, Whitfield & Eddy, PLC, Des Moines, IA Renowned guitarist Joe Satriani asks the above questions in the lyrics of his 1989 song, “I Believe.” Pop-culture references aside, those same questions perhaps come to mind when Iowa defense practitioners contemplate a new docket in the Iowa district courts. On January 1, 2015, Iowa joined a handful of other states1 in enacting a rule providing for expedited civil actions. With the adoption of Iowa Rule of Civil Procedure 1.281, a plaintiff bringing a civil action (except small claims and domestic relations) may elect to proceed on an expedited basis, where the only relief sought is monetary, and all claims for damages total $75,000 or less.2 Two months ago, in February 2016, the author defended an expedited action that was tried to a jury in the Iowa Stephen E. Doohen District Court for Polk County. Trying an expedited jury trial, at least for this practitioner, was a new experience, although not altogether unfamiliar. In many respects, it was just like any other jury trial. Likewise, the author took part in a panel discussion on the subject at the recent annual seminar sponsored by the Iowa Academy of Trial Lawyers, held in Des Moines in late February. Questions and comments from the audience during this panel discussion (from both the plaintiff and defense bar) were probing and thought provoking. Continued on page 3 Siobhan Briley EDITORS WHAT’S INSIDE Susan Hess, Hammer, Simon & Jensen, P.C., East Dubuque, How Did We Get Here? Where Are We Going? Expedited Civil Actions In Iowa – IL; Benjamin J. Patterson, Lane & Waterman LLP, Davenport, A Defense Perspective.....................................................................................................1 IA; Clay W. Baker, Aspelmeier, Fisch, Power, Engberg & Helling, IDCA President’s Letter....................................................................................................2 PLC, Burlington, IA; Stacey Cormican, Nyemaster Goode, P.C., Complying With the (Not So) New Duty of Competency in Technology...............................5 Cedar Rapids, IA; Noel K. McKibbin, NKM Consulting, Adel, IA; Iowa Legislative Update...................................................................................................8 Thomas B. Read, Elderkin & Pirnie PLC, Cedar Rapids, IA; New Lawyer Profile........................................................................................................10 Kevin M. Reynolds, Whitfield & Eddy, P.L.C., Des Moines, IA; Case Law Updates: Employment and Civil Procedure.......................................................10 and Brent Ruther, Aspelmeier, Fisch, Power, Engberg & Helling, Case Law Updates: Torts/Negligence.............................................................................17 P.L.C., Burlington, IA. Case Law Updates: Contracts & Commerical Law........................................................... 20 IDCA Schedule of Events................................................................................................23 DEFENSE UPDATE SPRING 2016 VOL. XVIII, No. 2 2 IDCA President’s Letter SUBSTANTIVE MEETINGS The 52nd Annual Meeting will be held at the Stoney Creek Hotel and Conference Center in Johnston, Iowa, on September 22—23. Rich Whitty is driving the agenda and it appears to be an excellent program for practitioners, insurance professionals, and corporate counsel. We are currently seeking additional sponsors for the event. If you are interested, or if you do business with vendors who would like to participate, please contact our Executive Director, Heather Tamminga, CAE, at [email protected]. Our membership committee, led by Kami Holmes and Diane Reinsch, is in the process of designing a “deposition boot camp” program. The event will be held at the Grinnell Mutual Reinsurance Noel McKibbin campus on October 28, 2016. As the title implies, this will be a IDCA President day-long training and discussion on the art of taking a deposition. With this issue of the Defense Update, let me begin by thanking The curriculum will include deposition formalities; rules; you for your continuing support of the Iowa Defense Counsel information gathering processes; how to control a witness; how to Association. In addition, allow me to report to you on events we use exhibits; and how to handle objections. All of these skills will have planned for 2016. be reviewed in a participative practical setting with live witnesses, etc. This will be a wonderful opportunity for lawyers with less than The Defense Update continues to be a meaningful, scholarly five years of experience. publication for our members. Not to steal the thunder from our editorial columnist, this issue is indicative of the quality we Please consult our website for additional details on the course as have grown accustomed to consuming. The Board of Editors this has limited seats available and will be on a first come-first in has added a case law update segment and a new lawyer profile basis with IDCA membership having a priority. segment. They continue to publish temporally relevant articles to Please consult our website for additional activities planned. further our professional careers. My compliments to the Board: Tom Read, Kevin Reynolds, Brent Ruther, Susan Hess, Clay Baker, Enjoy your Spring. Stacy Cormican, and Ben Patterson for the service they provide to our publication. Best, We now offer advertising opportunities in the Defense Update. If you are interested please contact our Executive Director Heather Tamminga, CAE, at [email protected] or download our Marketing Kit online, http://www.iowadefensecounsel.org/ IDCAPdfs/IDCA_Marketing_Kit.pdf. Noel McKibbin ‘TIS THE SEASON The 2016 legislative session has adjourned. The legislative update in this issue provides a recap of all activity monitored by IDCA this session. Scott Sundstrom, IDCA lobbyist, has been successfully representing our organization throughout the session. As an organization we have been well informed of pertinent legislative activity, and our legislative committee chair, Steve Doohen, along with his committee, has been diligent in promoting our political interests. Find us on Facebook, Twitter & LinkedIn DEFENSE UPDATE SPRING 2016 VOL. XVIII, No. 2 3 Continued from Page 1 This paper will attempt to put some flesh on the subject based and evidentiary matters “to the greatest extent possible.”16 During upon the author’s admittedly limited first-hand perspective. As trial, the court may admit into evidence certain documents without the reference to Joe Satriani’s song title implies, “I Believe” the testimony or certification from a custodian if the party introducing expedited system designed by the Iowa Supreme Court makes the document provided it to the other parties at least 90 days great economic sense, has significant potential, and need be before trial and the objecting party, within 30 days, did not raise a neither feared, nor scorned, by Iowa attorneys. substantial question about the authenticity or trustworthiness of the document.17 The History and Purpose of Rule 1.281 The primary purpose and design of Rule 1.281 was to “significantly The Nuts and Bolts Takeaway reduce litigation time and cost” while “increasing access to The Rule includes one significant new evidentiary provision in justice.”3 The Iowa Supreme Court adopted the Rule in August keeping with its “expedited” theme. Where the plaintiff seeks of 2014 after several years of study.4 In early 2012, the Iowa Civil to rely on the testimony of a treating health care provider, such Justice Reform Task Force produced a report recommending testimony may be submitted to the fact-finder in the form of changes to the discovery process “as well as consideration of a signed provider “statement.”18 The statement signed by the a separate track for civil cases falling below a threshold dollar health care provider must be accompanied by a certification value.”5 Following the Task Force’s report, the Supreme Court from counsel listing all communications between counsel and appointed an Advisory Committee Concerning Certain Civil the health care provider.19 Defendants may, at their own “initial” Justice Reform, which was “specifically charged” with proposing expense, cross-examine the health care provider by deposition, amendments to Iowa’s Rules of Civil Procedure to implement a and the deposition may be used at trial.20 “dual-track” system for civil actions.6 The Advisory Committee provided its recommendations to the Supreme Court in the As a defense practitioner, I confess that, initially, I felt the summer of 2013, and the Supreme Court made changes to the healthcare provider statement formula offered a competitive Rule after receiving and considering public comments.7 advantage of sorts to the plaintiff’s bar. Essentially, at first blush, it seemed to be one less hurdle that a plaintiff’s attorney would How Rule 1.281 “Expedites” Civil Actions have to overcome in getting the case beyond directed verdict and Actions under Rule 1.281 must proceed to trial within one year of to the jury. However, my initial reaction was tempered during filing.8 The trier of fact may be a judge or jury.9 When the case is the recent Academy Seminar panel discussion, when members tried to a jury, the jury
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