Attorneys Robert A. Mooney and Danielle E. Forsgren successfully obtain dismissal.
Robert A. Mooney and Danielle E. Forsgren obtained a successful ruling on a Motion to Dismiss. The case involved the Iowa Supreme Court’s Orders extending statutes of limitations in response to the COVID-19 pandemic and the interpretation of an Iowa statute related to Certificate of Merit Affidavits in Medical Malpractice litigation. The Court ruled that the Iowa Supreme Court violated the Iowa Constitution and the doctrine of separation of powers by extending all statutes of limitations by seventy-six (76) days in response to the COVID-19 pandemic. The Court also ruled that the plain language of Iowa Code § 147.140, which requires Plaintiffs in medical malpractice cases to file a Certificate of Merit Affidavit within sixty (60) days of the Defendant’s Answer, does not allow Plaintiffs to avoid dismissal of their case “with prejudice” by voluntarily dismissing and re-filing their case if they fail to comply with § 147.140. “We are very pleased with this outcome,” says Robert Mooney, Partner at Sodoro Law Group. “This case will have far-reaching effects to protect medical providers from baseless lawsuits early in the litigation process, and enforces the statutes of limitations duly passed by the General Assembly for citizens across Iowa.” Sodoro Law Group is a full-service law firm answering to the legal needs of Nebraska, Iowa, Kansas, Missouri and South Dakota. For more information, or to contact the team at Sodoro Law Group, go to sodorolaw.com or email Kelsey Sievers at firstname.lastname@example.org