Iowa law requires that a party bringing a malpractice action against a health care provider provide defendants with an expert witness affidavit regarding the alleged breach of the applicable medical standard of care, referred to as a “certificate of merit”. In three decisions handed down Dec. 22, the Iowa Supreme Court …
In 2021 Des Moines lawyer Marc Harding was considering bringing a medical malpractice action in Iowa and sent records related to the case to an Indiana surgeon to review. Harding ultimately decided against bringing the malpractice suit but instead sued the Indiana doctor over a consulting-fee dispute.
That dispute led to …
There is no time limit on law-enforcement traffic stops before the line is crossed into a Fourth Amendment violation, the Iowa Supreme Court said in a Dec. 8 decision, and courts must thoroughly examine the record to determine where to draw that line in each case.
The Iowa Supreme Court will hear arguments in eight cases Dec. 13 and 14. Three other cases will be submitted to the Court without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the December cases.
When Robert Geddes entered onto the private property of five Boone residents without permission, he violated Iowa’s trespass statute. It became a more serious crime when he taped “Burn that gay flag” messages on the front doors of those residences, which were displaying rainbow flags. That elevated the charge to tresp …
The Iowa Supreme Court reversed in part a Polk County District Court ruling granting summary judgment in favor of State Auditor Rob Sand’s withholding release of communications related to the Auditor’s investigation of the governor’s office. The justices sent the case back to the trial court for further proceedings on …
If two persons simultaneously witness another person masturbating in violation of Iowa’s indecent exposure statute, has that person committed two separate crimes or one crime under Iowa law?
According to the defendant who was convicted by a Story County jury on two counts of indecent exposure for exposing himself and m …
The Iowa Supreme Court remanded a $790,000 jury award for a state employee’s hostile-work environment claim to Polk County District Court for entry of a judgment notwithstanding the verdict, which erases the damage award. The Court held that the plaintiff failed to prove her hostile work environment claim based on what she herself experienced.
The Iowa Supreme Court will hear its final oral argument of the 2023-24 term Thursday. The Court saved the term’s most-watched case for last: an appeal addressing whether Iowa’s law banning abortion after about six weeks of pregnancy may be enforced.
The oral argument in Planned Parenthood of the Heartland, et al …
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.
