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Divided Iowa Supreme Court strikes down precedent on animal confinements

The Iowa Supreme Court in a 4-3 ruling handed down June 30 overturned a 2004 decision that created a path for challenging Iowa’s law protecting animal confinement operators from nuisance suits as a violation of the inalienable rights clause of the Iowa Constitution.

In that 2004 ruling, read more

Iowa Supreme Court finds that Iowa statute limiting reimbursement for privately retained counsel does not violate Sixth Amendment

by Nathan Wegmann | 6.28

Under the Sixth Amendment of the United States Constitution, a defendant has the right to effective assistance of counsel. This right includes an entitlement to reasonably necessary ancillary services paid at state expenses, including where the defendant is represented by court-appointed counsel. Iowa Code Section 815.1 – …

Eighth Circuit Court of Appeals affirms dismissal of former City of Cedar Falls employee’s claims against the city

by Nathan Wegmann | 6.20

Michelle Brandt, a long-time Cedar Falls city employee, brought claims against the city and several employees stemming from her time working for the city as well as her termination in 2018. Brandt brought claims for interference with and retaliation for her exercise of Family and Medical Leave Act (FMLA) rights, and claims …

Iowa Supreme Court’s splintered abortion ruling: Four opinions covering 182 pages

by Rox Laird | 6.17

The Iowa Supreme Court’s June 17 ruling overturning its 2018 decision that recognized a fundamental right to abortion under the Iowa Constitution did more than overturn that four-year-old precedent.

The Court, in four separate op …

Was a real estate agent liable when a prospective buyer fell on an icy driveway? The Iowa Supreme Court says no

by Rox Laird | 6.15

The Iowa Supreme Court held that a seller’s real estate agent was not liable for a potential buyer’s injuries suffered when visiting a home listed for sale in a decision handed down June 10.

Amanda DeSousa was getting out of a vehicle …

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In a Wapello County case, Iowa Supreme Court parses settlement agreement language on ‘derelict’ vehicles

When Wapello County set out to remove what it considered “derelict” vehicles from a residential property, the owners sued. The suit was dropped after the owners and the County reached a settlement in which the owners agreed to do the removal themselves to the County’s “satisfaction.”

The word “satisfaction” …

Iowa Supreme Court to hear arguments in 11 cases Feb. 21 and 22

The Iowa Supreme Court will hear arguments in 11 cases Feb. 21 and Feb 22. Two additional cases will be submitted to the Court without oral arguments. Go to On Brief’s “Cases in the Pipeline” page to read the briefs submitted to the Court in these cases. Following are b …

Iowa Supreme Court to hear a case with constitutional implications in Feb. 20 evening session

The Iowa Supreme Court will hear an oral argument in a special evening session Monday, Feb. 20, at 7 p.m. in the Judicial Branch Building. The evening session is an opportunity for members of the public who might otherwise be unable to attend court sessions to witness an oral argument in person.

The case to be argued – …

Detectives’ ‘distasteful’ deception crossed no constitutional lines, Iowa Supreme Court holds

The Iowa Supreme Court has for more than 60 years used what it has called a “common sense” standard for determining whether police officers cross a constitutional line by dangling the prospect of leniency before a criminal suspect that is likely to lead to a false confession.

Applying the precedent first enunciated i …

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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.