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She then sued the school district in 2019 and, in 2022, won $700,000 for noneconomic damages and $300,000 for future noneconomic damages.

The Supreme Court has consistently held that the commerce clause empowers Congress to address noneconomic conduct as part of a broader regulatory scheme.

The parties made headway on noneconomic proposals, including attendance policies, dress code, “just cause” protections and health and safety measures, the union said.

The defendants are trying to limit their liability by way of Iowa’s cap on the recovery of noneconomic damages—damages without a market value, like damages for emotional distress and lost parent-child relationship—in a medical malpractice claim.

Under state law, plaintiffs in these cases can recover only $250,000 in noneconomic damages unless the plaintiff’s injury constitutes “substantial or permanent loss or impairment of bodily function, substantial disfigurement, or death.”