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Case No. 21-1666

Marc Harding d/b/a Harding Law Firm
v.
Rick Sasso d/b/a Indiana Spine Group

The supreme court granted the application for interlocutory appeal filed by Dr. Rick Sasso of Indiana Spine Group following the district court’s denial of his motion to dismiss for lack of personal jurisdiction. He argues attorney Marc Harding’s claims that he agreed to serve as an expert and to testify in Iowa in a medical malpractice case were unfounded, and the court erred by relying on them.

Appellee

Marc Harding d/b/a Harding Law Firm

Appellant

Rick Sasso d/b/a Indiana Spine Group

Attorney for the Appellee

Jeffrey M. Lipman

Attorney for the Appellant

Brent R. Ruther

Supreme Court

Oral Argument Schedule

Non-Oral

Nov 16, 2023 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
21-1666
Date Published:
Dec 15, 2023

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1666
Date Published:
Dec 21, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., Tabor, J., and Danilson, S.J.  Opinion by Tabor, J.  (13 pages)

            An Indiana-based expert witness orthopedic surgeon challenges the denial of his motion to dismiss a lawsuit filed by an Iowa attorney alleging fraud, breach of contract, and other claims.  He argues the Iowa courts do not have personal jurisdiction over him based on his review of medical records provided by the attorney.  OPINION HOLDS: Because we find the doctor’s preliminary evaluation of the attorney’s case, conducted entirely in Indiana, does not create an Iowa connection that would support jurisdiction, we reverse and remand for an order dismissing the action for lack of personal jurisdiction. 

Other Information

Date Further Review is Granted:
Mar 14, 2023
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