Jerry Hoffmann and Hoffmann Innovations, Inc., d/b/a DIY Autotune
v.
Scott Clark and Realtuners, LLC
Scott Clark and Realtuners, LLC, seek further review of the court of appeals’ opinion affirming the district court’s entry of judgment for compensatory and punitive damages in favor of Jerry Hoffman and Hoffman Innovations, Inc., d/b/a DIY Autotune. They argue the court erred by striking their answer and counterclaims, precluding them from presenting certain evidence, and awarding attorneys’ fees, and the damages award was improper and excessive.
Resister
Jerry Hoffmann and Hoffmann Innovations, Inc., d/b/a DIY Autotune
Applicant
Scott Clark and Realtuners, LLC
Attorneys for the Resister
Robert M. Livingston
Seth Katz
Attorney for the Applicant
Matthew G. Sease
Supreme Court
Oral Argument Schedule
15-15-5
Apr 20, 2022 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
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.