Robert Morrow v. United States, 47 F. 4th 700 (8th Cir. 2022). · Go Syfert
Robert Morrow v. United States, 47 F. 4th 700 (8th Cir. 2022). Cases Citing This Book View Copy Cite
49 citation events (49 in the last 25 years) across 8 distinct courts.
Strongest positive: Johann A. Bass v. Hattum; Doe; Schrank; Hossle; Howell; Absher (sdd, 2026-02-23)
Treatment trajectory · 2022 → 2026 · click a year to view as-of
2022 2024 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (rule) Johann A. Bass v. Hattum; Doe; Schrank; Hossle; Howell; Absher (2×) also: Cited "see, e.g."
D.S.D. · 2026 · confidence medium
There is a genuine issue of material fact if “(1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (citation omitted).
discussed Cited as authority (rule) C.H. Robinson Worldwide, Inc. v. Traffic Tech, Inc.
8th Cir. · 2025 · confidence medium
“We review a district court’s decision of whether ‘to allow a plaintiff to dismiss a case voluntarily’ for abuse of discretion.” Morrow v. United States, 47 F.4th 700, 703 (8th Cir. 2022) (quoting Crawford v. F. Hoffman-La Roche Ltd., 267 F.3d 760, 763 (8th Cir. 2001)).
discussed Cited as authority (rule) Mark Mehner v. Furniture Design Studios, Inc.
8th Cir. · 2025 · confidence medium
“Summary judgment is proper if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (citation omitted).
discussed Cited as authority (rule) Deyo v. Security First Bank
D.S.D. · 2025 · confidence medium
Summary Judgment Standard Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonably jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Ae…
discussed Cited as authority (rule) Indian Land Capital Company, LLC v. Infrastructure Development Cooperative, LCA
D.S.D. · 2025 · confidence medium
P. 56. “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace, Inc. v. Affiliated FM Ins.
discussed Cited as authority (rule) Harris v. Wehco Video Inc
E.D. Ark. · 2024 · confidence medium
Louis Cnty., 653 F.3d 745, 750 (8th Cir. 2011). 21 See Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022). 22 See Quinn, 653 F.3d at 750 . 23 Resp. to Statement of Undisputed Facts (Doc. 76) ¶ 4. 24 Id. ¶¶ 2, 9. 25 Id. ¶ 10. no required hours and could work as much or as little as he desired.26 This position had no minimum sales requirement.27 From 2018 to 2020, the company’s parent (WEHCO Video) hired 13 business class sales representatives—eight were white, three were Black, and two were Hispanic or Latino.28 The new business class sales representatives received a greater com…
discussed Cited as authority (rule) Holton v. Houston
D.S.D. · 2024 · confidence medium
Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace, Inc. v. Affiliated FM Ins.
examined Cited as authority (rule) Cengiz v. Huron Title Company (3×) also: Cited "see"
D.S.D. · 2024 · confidence medium
Standards Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace, Inc. v.…
discussed Cited as authority (rule) Cody v. Clark
D.S.D. · 2024 · confidence medium
STANDARD Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace, Inc. v. …
discussed Cited as authority (rule) Bollinger v. AutoZoners, LLC
D. Neb. · 2024 · confidence medium
Laborers Welfare Fund, 76 F.4th at 757 (quoting Rose-Maston v. NME Hosps., 133 F.3d 1104, 1107 (8th Cir. 1998)), supported by the record which demonstrate an issue exists for trial in that “(1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party,” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (quoting RSBI Aerospace, Inc. v. Affiliated FM Ins.
discussed Cited as authority (rule) Ultimate Motorcars, Inc. v. Houston Specialty Insurance Company
D. Neb. · 2023 · confidence medium
A triable issue “exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022); see also Anderson v. Liberty Lobby, 477 U.S. 242, 248 (1986) (holding only those “facts that might affect the outcome of the suit under the governing” substantive law are “material” for purposes of summary judgment).
discussed Cited as authority (rule) Velez v. AutoZoners, LLC
D.S.D. · 2023 · confidence medium
STANDARD OF REVIEW Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace…
discussed Cited as authority (rule) Kut and Kill Inc. v. United Fire & Casualty Company
D.S.D. · 2023 · confidence medium
Legal Standard Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace, In…
discussed Cited as authority (rule) American Zurich Insurance Company v. Palmer
D.S.D. · 2023 · confidence medium
Legal Standard Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace, In…
discussed Cited as authority (rule) Vollmer v. United Seating and Mobility, L.L.C.
D.S.D. · 2023 · confidence medium
Summary Judgment Standard Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Ae…
discussed Cited as authority (rule) Huerta Rodriguez v. Brandenburger
D.S.D. · 2023 · confidence medium
Legal Standard Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace, In…
discussed Cited as authority (rule) Nussbaum v. McKinney
D.S.D. · 2023 · confidence medium
Standard of Review Under Federal Rule of Civil Procedure 56(a), “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” “[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022) (alteration in original) (quoting RSBI Aerospace…
discussed Cited as authority (rule) Patriots Bank v. Krantz
W.D. Mo. · 2023 · confidence medium
A factual dispute is material when it affects the outcome of the case and genuine when evidence exists to support both sides of the dispute; that is, “a reasonable jury could return a verdict for either party.” Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022).
cited Cited as authority (rule) Glenn-El v. Hanecock
E.D. Mo. · 2023 · confidence medium
Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022).
discussed Cited "see" Darran Farmer v. FilmTec Corporation
8th Cir. · 2026 · signal: see · confidence high
See Mehner v. Furniture Design Studios, Inc., 143 F.4th 941 , 948 (8th Cir. 2025) (“Summary judgment is proper if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” (quoting Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022))).
cited Cited "see" Sims v. State Farm Fire and Casualty Company
E.D. Ark. · 2025 · signal: see · confidence high
See Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022). 13 See Quinn, 653 F.3d at 750 . 14 Pl.’s Resp. to Def.’s Statement of Undisputed Facts (Doc. 33) ¶ 1. 15 Ex.
discussed Cited "see" Wrentz v. USAble Life
E.D. Ark. · 2024 · signal: see · confidence high
See Morrow v. United States, 47 F.4th 700, 703-04 (8th Cir. 2022) (district court may dismiss action with prejudice in response to plaintiff's motion for dismissal without prejudice); Satcher v. Univ. of Ark. at Pine Bluff Bd. of Trs., 558 F.3d 731, 735 (8th Cir. 2009) (“[F]ailure to oppose a basis for summary judgment constitutes waiver of that argument.”).
discussed Cited "see" Duvall v. Salem Place Nursing and Rehabilitation Center Inc
E.D. Ark. · 2024 · signal: see · confidence high
See Morrow v. United States, 47 F.4th 700 , 703–04 (8th Cir. 2022) (district court may dismiss action with prejudice in response to plaintiff’s motion for dismissal without prejudice); Satcher v. Univ. of Ark. at Pine Bluff Bd. of Trs., 558 F.3d 731, 735 (8th Cir. 2009) (“[F]ailure to oppose a basis for summary judgment constitutes waiver of that argument.”).
discussed Cited "see, e.g." Darrin P. Miller, Individually, as of the Estate of Meredith R. Miller, and as Parent, Guardian, and Next of Friend of S.M.M., a Minor v. Catholic Health Initiatives-Iowa, Corp. d/b/a MercyOne Des Moines Medical Center, William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, and Daron Darmening
Iowa · 2024 · signal: see also · confidence medium
See Est. of Fahrmann, 999 N.W.2d at 287; see also Morrow, 47 F.4th at 705 (holding defendant need not show prejudice to obtain dismissal under section 147.140(6)).
discussed Cited "see, e.g." Darrin P. Miller, Individually, as of the Estate of Meredith R. Miller, and as Parent, Guardian, and Next of Friend of S.M.M., a Minor v. Catholic Health Initiatives-Iowa, Corp. d/b/a MercyOne Des Moines Medical Center, William Nowysz, Joseph Losh, Hijinio Carreon, Noah Pirozzi, Danielle Chamberlain, and Daron Darmening
Iowa · 2024 · signal: see also · confidence medium
See Est. of Fahrmann, 999 N.W.2d at 287; see also Morrow, 47 F.4th at 705 (holding defendant need not show prejudice to obtain dismissal under section 147.140(6)).
discussed Cited "see, e.g." One Love Housing, LLC v. City of Anoka, MN
8th Cir. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Morrow v. United States, 47 F.4th 700, 704 (8th Cir. 2022).6 (b) Plaintiffs claim the requested accommodation is necessary because One Love cannot cover the sober home’s operational expenses with only four residents.
discussed Cited "see, e.g." The Estate of Deanna Dee Fahrmann, by Jeffrey A. Fahrmann, Dennis C. Fahrmann, by and through his Power of Attorney, Jeffrey A. Fahrmann, Jeffrey A. Fahrmann, and Amy J. Fahrmann v. ABCM Corporation, Kathy Meyer-Allbee, and Linsey Henry
Iowa · 2023 · signal: see also · confidence medium
McHugh, 966 N.W.2d at 291 (“Nor can we read in a requirement for defendants to show they were prejudiced by the delay.”); see also Morrow, 47 F.4th at 705 (holding defendant need not show prejudice to obtain dismissal under section 147.140(6)).
discussed Cited "see, e.g." The Estate of Deanna Dee Fahrmann, by Jeffrey A. Fahrmann, Dennis C. Fahrmann, by and through his Power of Attorney, Jeffrey A. Fahrmann, Jeffrey A. Fahrmann, and Amy J. Fahrmann v. ABCM Corporation, Kathy Meyer-Allbee, and Linsey Henry
Iowa · 2023 · signal: see also · confidence medium
McHugh, 966 N.W.2d at 291 (“Nor can we read in a requirement for defendants to show they were prejudiced by the delay.”); see also Morrow, 47 F.4th at 705 (holding defendant need not show prejudice to obtain dismissal under section 147.140(6)).
discussed Cited "see, e.g." Susan Ronnfeldt v. Shelby County Chris A. Myrtue Memorial Hospital d/b/a Myrtue Medical Center and Shelby County Medical Corp. (2×)
Iowa · 2023 · signal: see, e.g. · confidence low
See, e.g., Morrow v. United States, 47 F.4th 700 , 703–04 (8th Cir. 2022).
discussed Cited "see, e.g." Susan Ronnfeldt v. Shelby County Chris A. Myrtue Memorial Hospital d/b/a Myrtue Medical Center and Shelby County Medical Corp. (2×)
Iowa · 2023 · signal: see, e.g. · confidence low
See, e.g., Morrow v. United States, 47 F.4th 700 , 703–04 (8th Cir. 2022).
Retrieving the full opinion text from the archive…
Robert Morrow
v.
United States
21-3134.
Court of Appeals for the Eighth Circuit.
Aug 30, 2022.
47 F. 4th 700
Cited by 24 opinions  |  Published
United States Court of Appeals
For the Eighth Circuit
___________________________

No. 21-3134
___________________________

Robert Morrow, Executor of the estate of James Meyer; Linda Meyer, Surviving Spouse of James Meyer

lllllllllllllllllllllPlaintiffs - Appellants

v.

United States of America

lllllllllllllllllllllDefendant - Appellee
____________

Appeal from United States District Court
for the Northern District of Iowa - Eastern
____________

Submitted: May 12, 2022
Filed: August 30, 2022
____________

Before SMITH, Chief Judge, COLLOTON and SHEPHERD, Circuit Judges. ____________

SMITH, Chief Judge.

Linda Meyer, wife of decedent James Meyer, and Robert Morrow, executor of the estate of James Meyer, brought suit under the Federal Tort Claims Act (FTCA).

The district court1 granted summary judgment to the government, dismissing the suit with prejudice. We affirm.

I. Background In November 2017, Mr. Meyer sought treatment at the Iowa City Veterans Affairs Medical Center (VAMC) emergency department to address cramps under his ribs and forearms. A chest x-ray revealed a “possible malignancy”: a mass of “4.9 cm [diameter of] oval density in the left upper lung.” R. Doc. [1], at 2 (all caps omitted). In October 2018, Mr. Meyer went to the VAMC primary care clinic complaining of shortness of breath. Additional imaging was ordered and revealed that the mass had grown to 13.9 cm in diameter. Mr. Meyer was told that he had lung cancer. In February 2019, Mr. Meyer died of lung cancer.

Robert Morrow and Mrs. Meyer (collectively, plaintiffs), on behalf of Mr. Meyer’s estate, filed a lawsuit against the federal government under the FTCA for alleged medical negligence on the part of the VAMC staff. The plaintiffs filed their complaint on January 22, 2021. The government filed its answer on April 8, 2021. The plaintiffs failed to serve the government with a certificate-of-merit affidavit for claims alleging medical malpractice as required by Iowa Code § 147.140. Iowa law requires plaintiffs to serve the opposing party with a certificate of merit, an affidavit signed by an expert witness stating the appropriate standard of care and its alleged breach, within 60 days after the government files its answer. Iowa Code § 147.140(1)(a). In this case, the deadline for serving the certificate elapsed on June 7, 2021.

[*701]

The government filed a motion for summary judgment on June 23, 2021, arguing that the plaintiffs’ failure to timely provide it with a certificate of merit required that their claim be dismissed. That same day, the plaintiffs filed an untimely notice of service of the certificate of merit.

Two days later, on June 25, 2021, the plaintiffs filed a motion for voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(2). The motion requested that the court (1) grant their motion to dismiss without prejudice and (2) allow them the opportunity to refile their complaint within the six-month statute of limitations. The government opposed the plaintiffs’ motion for voluntary dismissal without prejudice and asked the district court to deny the plaintiffs’ motion, grant its pending motion for summary judgment, and dismiss the plaintiffs’ complaint with prejudice. The district court granted all of the government’s requests. This appeal followed.

II. Discussion On appeal, the plaintiffs argue that the district court (1) erred in denying their motion for voluntary dismissal and (2) erred in granting summary judgment to the government.

A. Motion for Voluntary Dismissal Without Prejudice We review a district court’s decision of whether “to allow a plaintiff to dismiss a case voluntarily” for abuse of discretion. Crawford v. F. Hoffman-La Roche Ltd., 267 F.3d 760, 763 (8th Cir. 2001).

The plaintiffs argue that, because the purpose of the Iowa certificate requirement is “to show that the plaintiff’s claim at least has colorable merit,” the interests of justice require that, whenever possible, cases should be decided on their merits. Appellants’ Br. at 11–12. According to the plaintiffs, “voluntary dismissal under Rule 41(a)(2) would serve the interests of justice without subjecting the defendant to undue prejudice.” Id. at 8. They argue that, if allowed to voluntarily dismiss without prejudice, they would then be able to refile their case nunc pro tunc and that the government would only be slightly inconvenienced.

[*702]

The plaintiffs do not contest that the certificate filing was, in fact, untimely under Iowa law. Their argument is that no prejudice resulted from the tardiness of the filing because the government’s actions prior to the complaint’s dismissal motion essentially acknowledged the existence of merit in the claim. The district court recognized the early stage of the litigation but concluded that the plaintiffs’ reasons for seeking voluntary dismissal did not justify granting the relief. According to the court:

Although this case is in its infancy because no discovery beyond initial disclosures has occurred, this factor does not outweigh the ultimate conclusion that Plaintiffs’ underlying reason for filing their Motion to Dismiss is to correct a procedural defect their untimely provision of a certificate of merit created and to avoid an unfavorable ruling from this court. Federal Rule of Civil Procedure 41(a)(2) and the accompanying case law forbid voluntary dismissal under these circumstances. Accordingly, Plaintiff[s’] Motion to Dismiss is denied.

R. Doc. 25, at 6.

“Rule 41(a)(2) implicitly permits the district court to dismiss an action with prejudice in response to a plaintiff’s motion for dismissal without prejudice.” Graham v. Mentor Worldwide LLC, 998 F.3d 800, 805 (8th Cir. 2021) (quoting Jaramillo v. Burkhart, 59 F.3d 78, 79 (8th Cir. 1995)). In this case, the district court not only denied the plaintiffs’ motion for voluntary dismissal without prejudice but also dismissed the plaintiffs’ complaint with prejudice, which it could do. See id.

[*703]

“Because [the Plaintiffs] moved for voluntary dismissal after [the government] filed its answer, the action could be dismissed ‘only by court order, on terms the court considers proper.”’ Id. (quoting Fed. R. Civ. P. 41(a)(1)(A)(i), (a)(2)). The district court did not abuse its discretion by denying the plaintiffs’ motion for voluntary dismissal without prejudice.

B. Motion for Summary Judgment We review de novo a district court’s grant of summary judgment. Thomas v. Heartland Emp. Servs. LLC, 797 F.3d 527, 529 (8th Cir. 2015). “Summary judgment is proper if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Revels v. Vincenz, 382 F.3d 870, 874 (8th Cir. 2004).

[A] genuine issue of material fact exists if: (1) there is a dispute of fact; (2) the disputed fact is material to the outcome of the case; and (3) the dispute is genuine, that is, a reasonable jury could return a verdict for either party. The moving party has the burden of proving that these requirements have been met.

RSBI Aerospace, Inc. v. Affiliated FM Ins. Co., 49 F.3d 399, 401 (8th Cir. 1995).

The district court, in its summary-judgment order, noted that “[a]lthough this is a federal case, ‘the substantive law of the state’ governs the [g]overnment’s FTCA liability.” R. Doc. 25, at 7 (quoting Shanner v. United States, 998 F.3d 822, 824 (8th Cir. 2021)). The court went on to “find[]that the requirements of Iowa Code Section 147.140 are substantive and enforceable, as here, in the FTCA context.” Id.

Iowa Code § 147.140(1)(a), in relevant part, states:

In any action for personal injury or wrongful death against a health care provider based upon the alleged negligence in the practice of that profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a prima facie case, the plaintiff shall, prior to the commencement of discovery in the case and within sixty days of the defendant’s answer, serve upon the defendant a certificate of merit affidavit signed by an expert witness with respect to the issue of standard of care and an alleged breach of the standard of care. The expert witness must meet the qualifying standards of section 147.139.

[*704]

Both parties point to McHugh v. Smith, 966 N.W.2d 285 (Iowa Ct. App. 2021), for support. However, McHugh provides meaningful support only for the government’s position. As the McHugh court noted, “[A]s the remedy for a plaintiff’s failure to ‘substantially comply’ with the certification-of-merit-affidavit requirement, upon a defendant’s motion, the court must dismiss ‘with prejudice . . . each cause of action as to which expert witness testimony is necessary to establish a prima facie case.’” Id. at 288 (second alteration in original) (quoting Iowa Code § 147.140(6)).

The plaintiffs argue that their filing of unverified medical records with the complaint substantially complied with the requirement to file an expert witness affidavit on the question of the standard of care within the prescribed deadline. The district court concluded, relying on McHugh, that the records do not substantially comply. We agree.

The plaintiffs also request that this court read a “good-cause” provision into § 147.140 that would be applicable even after the statute’s 60-day deadline. We decline to read the statute in that manner. The extension provided in the statute requires action by the plaintiff before the 60-day deadline. Iowa Code § 147.140(4).

It is undisputed that the plaintiffs failed to serve the government with a certificate of merit within 60 days of the government filing its answer. Because “[t]he statute permits dismissal upon defendant’s motion alleging plaintiff’s inaction,” we refuse to “read in a requirement for defendants to show they were prejudiced by the delay.” McHugh, 966 N.W.2d at 291. The district court did not err in granting summary judgment to the government and in dismissing the plaintiffs’ complaint with prejudice.

[*705]

III. Conclusion Accordingly, we affirm the judgment of the district court. ______________________________

[*706]

1 The Honorable Mark A. Roberts, United States Magistrate Judge for the Northern District of Iowa, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).