Iowa Code section 20.32 does not extend broader bargaining rights to nontransit employees, Iowa Supreme Court rules
In an opinion filed February 24, 2023, the Iowa Supreme Court in City of Ames v. Iowa Public Employment Relations Board ruled Iowa Code section 20.32 does not extend broader bargaining rights to nontransit employees in a bargaining unit made up of 30 percent or more transit employees. Justice Waterman delivered the …
read moreIowa Supreme Court holds subpoenas served on a non-party should have been quashed for imposing an undue burden
In an opinion filed on February 10, 2023, the Iowa Supreme Court in In the Matter of the Subpoenas Issued to Dethmers Manufacturing Company held subpoenas relating to a Louisiana products liability suit but issued from an Iowa court to a nonparty in Iowa imposed an undue burden under the Iowa Civil Rules of Procedu …
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Does Iowa’s constitution require a tougher standard for removing minority jurors? Iowa Supreme Court says no
The Iowa Supreme Court declined to take up an appellant’s suggestion that the Court apply a more rigorous standard for deciding whether the removal of the only minority-group member from a pool of potential jurors may violate the Iowa Constitution.
Davina Valdez, a Black teacher’s assistant sued the West Des Moines S …
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Former state employee may pursue claim she was fired for complying with Iowa Open Records Act, Iowa Supreme Court holds
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 …
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Iowa Supreme Court reverses prior decisions on liability for failure to maintain city sidewalks and swimming pools
The Iowa Supreme Court in two separate decisions handed down June 14 overturned two of its previous rulings on the question of liability for injuries that occur on city sidewalks and at municipal swimming pools. Both rulings were divided, with two justices citing the principle of stare decisis to say the prior rulings shoul …
Iowa Court of Appeals outlines analysis for parental rights’ termination and reunification extension
Minor child B.W. was exposed to drug use from the day he was born, testing positive for cocaine and initiating intervention by the Iowa District Court for Polk County. In an effort to foster harmony and a healthy living environment for the child, Iowa Department of Health and Human Services attempted to assist the family …
March 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in ten cases during March 2024. These opinions are summarized below.
Iowa Supreme Court partially affirms trial court in mixed Cedar Rapids public records decision
Cedar Rapids resident Robert Teig asked Cedar Rapids city officials for records related to the hiring of a new city clerk and city attorney. When they mostly denied Teig’s requests, he filed suit naming six Cedar Rapids officials as defendants, which the Linn County District Court dismissed on summary judgment.
Teig ma …
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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.