City ordinances in Des Moines and Windsor Heights providing for collection of traffic fines generated by automated traffic enforcement cameras are not unconstitutional government takings, they do not violate due process of law, and they do not amount to illegal property taxes, the Iowa Suprem …
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Right to a jury does not apply to Consumer Fraud Act claims brought by the Attorney General, Iowa Supreme Court rules
Because Iowa’s Consumer Fraud Act is enforced through civil proceedings aimed at making victims whole and preventing future fraudulent actions rather than punishment, defendants accused of violating the Act are not entitled to a trial by jury, the Iowa Supreme Court held in a decision handed down May 26.
The State brou …
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
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Iowa Supreme Court to hear arguments in four cases Jan. 23
The Iowa Supreme Court will hear arguments in four cases Jan. 23. 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.
State universities must pay health care association assessments, Iowa Supreme Court holds
The Iowa Legislature in 1995 enacted health care insurance reforms aimed at improving individual access to health insurance. Among other things, the legislation created the Iowa Individual Health Benefit Reinsurance Association, a private nonprofit corporation.
Individual health insurance providers are required by the st …
Iowa Supreme Court clarifies statutory “certificate of merit” requirements for medical malpractice suits
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 …
Indiana doctor can be sued over contract dispute in Iowa, Iowa Supreme Court holds
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 …
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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.