Municipal water utility not protected from strict liability for main breaks, Iowa Supreme Court rules
A municipal water utility is not shielded by the Iowa Tort Claims Act from strict liability for damage to a Council Bluffs couples’ home caused by water main breaks, the Iowa Supreme Court held in a decision handed down May 19. Jim and Angela Sutton sued the Council...
With sex-affirming surgery case declared moot by Iowa Supreme Court, resolution of constitutional questions awaits a future case
A case with a long procedural history in administrative and constitutional law that might have resolved the question of Medicaid coverage for gender-affirming surgery ended quietly May 12 when the Iowa Supreme Court declared the case moot. The matter was decided for...
Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
A prosecutor did not discriminate against a Black criminal defendant by striking a Black member of the jury pool, the Iowa Supreme Court held in a decision handed down April 21, but three members of the Court in a separate opinion expressed concerns regarding a...
Iowa Supreme Court unanimously overturns 2017 Godfrey precedent establishing direct damages claims under Iowa Constitution
In an opinion filed May 5, 2023 in Burnett v. Smith and State of Iowa the Iowa Supreme Court overruled its 2017 opinion in Godfrey v. State, which recognized a private right of action for damages against State officials for violations of the Iowa Constitution. In this...
An entity created by local governments is beyond the State Auditor’s reach, according to the Iowa Supreme Court
The Iowa State Auditor is empowered by the Iowa Code to audit agencies of the state government and certain governmental subdivisions of the State, including cities and counties. Meanwhile, local governments are authorized by the Iowa Code to form collaborative...
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Municipal water utility not protected from strict liability for main breaks, Iowa Supreme Court rules
With sex-affirming surgery case declared moot by Iowa Supreme Court, resolution of constitutional questions awaits a future case
Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
Iowa Supreme Court unanimously overturns 2017 Godfrey precedent establishing direct damages claims under Iowa Constitution
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On Brief: Iowa’s Appellate Blog is devoted to appellate litigation with a focus on the Iowa Supreme Court, the Iowa Court of Appeals, and the U.S. Court of Appeals for the Eighth Circuit.