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.
| TABLE OF CONTENTS |
|---|
| I. | INTRODUCTION | 995 |
| 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 |
| II. | LEGAL ANALYSIS | 1000 |
| 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 |
