The Iowa Supreme Court entered opinions in seven cases during October 2023. You can find in-depth summaries of two cases at the following links:
- In the Matter of V.H., 22-0952
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An evenly divided Supreme Court affirms “fetal heartbeat law” injunction by operation of law, trades barbs on matters of jurisprudence and appellate procedure
In a 3-3 decision, the Iowa Supreme Court affirmed a district court ruling refusing to dissolve a 2019 injunction against enforcement of a law known as the “fetal heartbeat law,” which would prohibit most abortions after about six weeks of pregnancy. Though the lack of a majority means that no written opinion carries th …
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 f …
Iowa Supreme Court Does Not Reverse District Court Determination That The Supreme Court’s COVID-19 Orders Tolling Statutes Of Limitations Violated The Iowa Constitution
The Iowa Supreme Court is responsible for supervising and regulating trial and appellate courts across the state. As the COVID-19 pandemic descended upon the state in early 2020, the Supreme Court was forced to issue emergency orders to protect the public and court staff while keeping the state’s court system functioning. …
Corporate Shareholders Suing Directors Face Heightened Pleading Requirement, Iowa Supreme Court Holds
In 2019, the publicly traded stock of EMC Insurance Group, Inc. (“EMCI”) was acquired in a “going private transaction.” Certain shareholders sued members of EMCI’s board of directors for breaching fiduciary duties owed to public shareholders. Those individual directors moved to dismiss the plaintiffs’ claims, an …
FEATURED POSTS
Eighth Circuit Court of Appeals upends Voting Rights Act precedents on who has the right to challenge laws based on race or color
In the nearly six decades since the Voting Rights Act was enacted by Congress, federal judges have assumed private parties could bring suits in federal court to enforce the law that prohibits state or federal election policies that deny the right to vote based on race or color.
That assumption was upended in a Nov. 20 de …
Edited body camera video should not have been admitted in OWI trial, Iowa Supreme Court rules
An edited video from a police officer’s body camera leading jurors to conclude a drunk-driving suspect failed a preliminary breath test should not have been allowed into evidence, the Iowa Supreme Court said in a ruling handed down Nov. 17 …
October 2023 Opinion Roundup
The Iowa Supreme Court entered opinions in seven cases during October 2023. You can find in-depth summaries of two cases at the following links:
- In the Matter of V.H., 22-0952
…
Iowa Supreme Court to hear arguments in seven cases Nov. 15 and 16
The Iowa Supreme Court will hear arguments in seven cases Nov. 15 and 16. Eight other cases will be submitted to the Court without oral argument. Following are brief summaries of the November cases. [Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in …
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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.