Welcome to your daily briefing on legal developments in Iowa. Today we're covering 4 key stories including updates on iowa legal headlines, background & context. Let's dive in.
1 story
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3 stories
The clock can pause for: (1) the defendant being out of state in some jurisdictions, (2) the plaintiff being a minor or under disability, (3) the defendant fraudulently concealing the cause of action. The clock does NOT pause for: settlement negotiations, insurance correspondence, or the plaintiff being unaware of the legal theory.
Misreading tolling is the most common malpractice claim against general civil litigators. The defenses are routinely lost on motion to dismiss before discovery even opens.
Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.
An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.
Arbitration clauses are most often struck down for procedural unconscionability — surprise placement, font that hides them, or no opportunity to negotiate — rather than substantive issues. A clause that is conspicuous, separately initialed, and accompanies a clear written notice of waiver of jury trial survives review in most jurisdictions.
A void arbitration clause means the dispute lands in court, often with discovery and jury exposure that the clause was meant to prevent. Drafting discipline at contract formation is cheap; defending the clause years later is not.
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