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Case No. 19-2086

Jerry Hoffman and Hoffman Innovations, Inc., d/b/a DIY Autotune
Scott Clark and Realtuners, LLC


Jerry Hoffman and Hoffman Innovations, Inc., d/b/a DIY Autotune


Scott Clark and Realtuners, LLC

Attorneys for Appellees

Robert M. Livingston
Seth Katz

Attorneys for Appellant

Matthew G. Sease and Kylie E. Crawford

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 12, 2021

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes and Susan L. Christensen, Judges.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (57 pages)

            The defendants, Scott Clark and RealTuners, LLC, appeal from the $11,000,000 judgment entered against them, arguing they should get a new trial because the sanction entered against them was too harsh, the district court wrongly prevented them from presenting evidence to limit the award of damages, the damages awarded by the jury were improper and excessive, and the court’s award of common law attorney fees was in error.  OPINION HOLDS: Because the defendants have not established a reversible error, we see no reason to disturb the jury’s awards, and we decline to consider the argument against the award of attorney fees as it is raised for the first time on appeal, we affirm. 

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