Legal Opinion

Keefe v. Bernard

Supreme Court of Iowa

Decided October 30, 2009No. 06-1939PublishedCited by 22 opinions

1Opinion of the Court

STREIT, Justice.

In this interlocutory appeal, we decide if the defendants in a medical malpractice action must produce a memorandum constituting attorney work product as a sanction for violation of an Iowa statute requiring notice before consultation with a plaintiffs treating physician. The memorandum memorialized a meeting between defendant’s counsel and one of plaintiffs treating physicians, which took place without notice to the plaintiff. The district court granted plaintiffs’ motion to compel production of the memorandum. On interlocutory appeal, we hold the memorandum is not protected…

2Cases cited23 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  3. Diversified Industries, Inc. v. The Honorable James H. Meredith, Chief Judge of the United States District Court for the Eastern District of MissouriCourt of Appeals for the Eighth Circuit · 1978
  4. In Re Martin Marietta Corporation, United States of America v. William C. PollardCourt of Appeals for the Fourth Circuit · 1988
  5. Harper & Row Publishers, Inc. v. Honorable Bernard M. Decker, United States District JudgeCourt of Appeals for the Seventh Circuit · 1970

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3Cited by22 opinions

  1. Amended September 30, 2015 Iowa Insurance Institute, Iowa Defense Counsel Association, Iowa Self-insurers' Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and Iowa Association of Business and Industry v. Core Group of the Iowa Association for Justice Christopher J. Godfrey, Workers' Compensation Commissioner, Division of...Supreme Court of Iowa · 2015
  2. William Neal Lawson Vs. Linda Irene KurtzhalsSupreme Court of Iowa · 2010
  3. Meighan v. Transguard Insurance Co. of America, Inc.District Court, N.D. Iowa · 2014
  4. Progressive Casualty Insurance v. Federal Deposit InsuranceDistrict Court, N.D. Iowa · 2014
  5. Amended September 30, 2015 Iowa Insurance Institute, Iowa Defense Counsel Association, Iowa Self-insurers' Association, Property Casualty Insurers Association of America, National Association of Mutual Insurance Companies, and Iowa Association of Business and Industry v. Core Group of the Iowa Association for Justice Christopher J. Godfrey, Workers' Compensation Commissioner, Division of...Supreme Court of Iowa · 2015

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