Iowa Supreme Court splits over causation requirement for a toxic tort claim
In an opinion filed June 23, 2023, the Iowa Supreme Court held a plaintiff suing her employer’s landlord for exposure to toxic chemicals at work did not present sufficient evidence to create a material dispute of fact concerning whether th …
read moreFormer employee’s common law negligence claims were preempted by the Iowa Workers’ Compensation Act, the Iowa Supreme Court rules
In 2017, Jena McCoy was hired as a sales representative for Thomas L Cardella & Associates’ call center in Ottumwa, Iowa. She alleged that within her first few weeks on the job, her supervisor, John Thompson, “began sitting next to her in her cubicle, touching her inappropriately and making sexually charged comments …
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Iowa Supreme Court deadlocks on constitutional ‘takings’ question in Madison County power line case
Six justices of the Iowa Supreme Court were deadlocked on a constitutional “takings” question in a case involving a plan by MidAmerican Energy to construct a power transmission line along a highway right-of-way that crosses a Madison County resident’s property.
MidAmerican applied for a franchise from the Iowa Util …
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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 …
read moreIowa Supreme Court holds new qualified immunity provision does not apply retrospectively but applies new heightened pleading standard to claims against Polk County by former employee
On January 5, 2021, Jim Nahas was fired by the Polk County Board of Supervisors from his position as the Polk County Human Resources Director. In response, Nahas filed suit against the Board and four of its members, “claiming libel per se, wrongful termination in violation of public policy, extor
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Iowa Supreme Court rejects challenges to collection of fines generated by traffic cameras
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 …
read moreAnalyzing DNA voluntarily abandoned in public is not a search under the United States or Iowa Constitution, according to the Iowa Supreme Court
In a 5-2 decision, the Iowa Supreme Court held that police officers’ collection and testing of DNA on a drinking straw abandoned by a suspect in a restaurant did not constitute a search under the Fourth Amendment of the United States Constitution or article I, section 8 of the Iowa Constitution. Two dissenting Justices ex …
read moreRight 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 …
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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
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Iowa Supreme Court sends question of State Auditor’s application of records law back to district court
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 …
Indecent exposure before two witnesses is two crimes, not one, Iowa Supreme Court holds
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 …
State worker failed to prove boss created a hostile work environment, Iowa Supreme Court holds
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.
Iowa Supreme Court to hear arguments April 11 on constitutionality of Iowa’s fetal cardiac activity abortion statute
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 …
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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.