In separate opinions, each issued on Friday, April 22, the Iowa Supreme Court and the United States Court of Appeals for the Eighth Circuit held that businesses that closed in spring 2020 to comply with COVID-19 emergency regulations could not obtain coverage under commercial insurance policies that required “direct physi …
ARCHIVE
In Emergency Opinion, Iowa Supreme Court Rejects Challenge to Abby Finkenauer’s U.S. Senate Nominating Petition
Former Congresswoman Abby Finkenauer is seeking the Democratic nomination for U.S. Senate from Iowa for the 2022 general election. She submitted her nominating petition with the Iowa Secretary of State on March 10, 2022. Two private citizens filed objections to the petition, asserting defects wi
…
Eighth Circuit wades into dispute over when public officials may “block” their constituents on Twitter
This week, the Eighth Circuit held that a constituent who was “blocked” on Twitter by the account of a Missouri state legislator could not maintain a claim against that public official for violation of his First Amendment rights. In Campbell v. Repre …
With Wagner, the Iowa Supreme Court continues building an “Iowa Courts” jurisprudence
Few law school courses inspire more fear and frustration from students than Federal Courts. A standard elective at most law schools, the course’s prosaic name belies a devilishly complex body of law regarding who can sue whom in federal court, and for what. One Federal Courts professor asked rhetorically in a 2001
Iowa Supreme Court sides with first-in-time tenant in conflict between pet allergy and emotional support animal
The Iowa Supreme Court held that a tenant with a dog allergy may maintain civil claims for damages against their landlord arising from the landlord’s waiver of their no-pets policy for a neighboring tenant’s emotional support animal. In doing so, the Court emphasized the narrowness of its holding, characterizing its analy …
FEATURED POSTS
Iowa Supreme Court deadlocks on specifics required for liability waivers
When Dubuque police officer Katherine Avenarius accidentally shot herself in the leg while attending an Iowa Law Enforcement Academy firearms instructor school, she sued the academy claiming her injury was the result of an instructor’s advice on how to handle her firearm that contradicted how she had previously been trained. The State, which operates the academy, argued Avenarius signed a “clear and unequivocal” waiver and release of liability.
Iowa Supreme Court upholds minimum prison term for juvenile convicted of murder
The Iowa Supreme Court upheld a 35-year minimum prison sentence for a Fairfield juvenile who pleaded guilty to first degree murder for the death of his high school Spanish teacher. In its unanimous decision, the Court rejected the defendant’s argument that, under the Iowa Constitution, the State must present expert testimony showing a minimum sentence is necessary for a juvenile offender.
Iowa Supreme Court to hear oral arguments in Summit pipeline case Oct. 8 in historic Iowa State Capitol courtroom
The Iowa Supreme Court will hear oral arguments in a case involving Summit Carbon Solutions’ proposed CO2 pipeline in a special evening session Oct. 8 in the historic Iowa Supreme Court courtroom in the Iowa State Capitol Building.
Iowa Supreme Court to hear arguments in eight cases Oct. 8-10
The Iowa Supreme Court will hear arguments in eight cases Oct. 8-10. Six other cases will be submitted to the Court without argument. Following are brief summaries of the October cases.
EDITORIAL TEAM
ABOUT
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.