23 F.Supp.3d 991
Edward P. HAGEN, D.O., Plaintiff
v.
SIOUXLAND OBSTETRICS & GYNECOLOGY, P.C., an Iowa Corporation, Paul J. Eastman, M.D., Tauhni T. Hunt, M.D., and Angela J. Aldrich, M.D., Defendants.
No. C 11–4047–MWB.
United States District Court, N.D. Iowa, Western Division.
Signed May 30, 2014.
23 F.Supp.3d 994
Stanley E. Munger, Jay Elliott Denne, Munger, Reinschmidt & Denne, Sioux City, IA, for Plaintiff.
Barry G. Vermeer, Gislason & Hunter, LLP, Des Moines, IA, Dustan J. Cross, Mark S. Ullery, Gislason & Hunter LLP, New Ulm, MN, Joseph L. Fitzgibbons, Fitzgibbons Law Office, Estherville, IA, for Defendants.
MEMORANDUM OPINION AND ORDER REGARDING PARTIES' POST–TRIAL MOTIONS
MARK W. BENNETT, District Judge.
A.
|
Factual Background |
996 |
1.
|
The parties and their relation to each other |
996 |
2.
|
The facts surrounding Hagen's firing |
996 |
B.
|
Procedural Background |
998 |
A.
|
Defendants' Motion for Judgment as a Matter of Law |
1000 |
1.
|
Standard for granting judgment as a matter of law |
1000 |
2.
|
The challenged public policy exceptions |
1000 |
a.
|
Whether Iowa law recognizes Protected Conduct 3, 4, or 5 as protected activity that can support a claim for wrongful discharge in violation of Iowa public policy |
1001 |
b.
|
Whether the trial evidence was sufficient to support the jury's findings that Hagen was fired for engaging in Protected Conduct 3 or 5 |
1001 |
i.
|
Sufficiency of evidence for Protected Conduct 3 |
1001 |
ii.
|
Sufficiency of evidence for Protected Conduct 5 |
1002 |
3.
|
Hagen's status as an at-will vs. contractual employee |
1004 |
B.
|
Defendants' Motion for a New Trial |
1004 |
1.
|
Standard for granting a new trial |
1005 |
2.
|
The challenged jury instructions |
1006 |
a.
|
An overriding business justification |
1006 |
b.
|
Calculating past lost earnings based on when Hagen would have “voluntarily” left Siouxland |
1009 |
3.
|
Whether the verdict is against the great weight of the evidence |
1011 |
4.
|
Defendants' evidentiary objections |
1011 |
C.
|
Plaintiff's Motion for Judgment as a Matter of Law, Motion for Judgment, and Motion to Alter or Amend Judgment |
1012 |
...