Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
Iowa Supreme Court unanimously overturns 2017 Godfrey precedent establishing direct damages claims under Iowa Constitution
In an opinion filed May 5, 2023 in Burnett v. Smith and State of Iowa the Iowa Supreme Court overruled its 2017 opinion in Godfrey v. State, which recognized a private right of action for damages against State officials f …
read moreAn entity created by local governments is beyond the State Auditor’s reach, according to the Iowa Supreme Court
The Iowa State Auditor is empowered by the Iowa Code to audit agencies of the state government and certain governmental subdivisions of the State, including cities and counties. Meanwhile, local governments are authorized by the Iowa Code to form collaborative entities. Does that mean the State Auditor has authority to audi …
read moreFired Catholic school principal won’t get new trial, Iowa Supreme Court rules
A former principal of St. Joseph’s Catholic School in Des Moines will not get a new trial in her unsuccessful civil action against the Catholic Diocese of Des Moines, St. Joseph’s Church, and the pastor who supervised her, for fraud and defamation by all defendants, and breach of contract against the pastor, Father Jose …
read moreIowa Supreme Court allows open records suit to proceed, saying the Governor is not immune from such litigation
The Iowa Supreme Court affirmed the Polk County District Court’s denial of a motion to dismiss a suit brought by journalists claiming Gov. Kim Reynolds and other staffers within her office violated the Iowa Open Records Act. In reaching that decision, the Court held the plaintiffs’ claims against the Governor did not vi …
read moreIowa Supreme Court to hear arguments in three cases April 11, including on enforcement of Iowa’s fetal-heartbeat abortion law
The Iowa Supreme Court will hear oral arguments in three cases April 11. A fourth case will be submitted to the Court without oral argument. Following are summaries of the cases. [Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases.]
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read moreOral argument on the right to a jury will be heard by Iowa Supreme Court in session in Perry April 4
In July 2020 the Iowa Attorney General filed a civil suit alleging a now-defunct Omaha company violated Iowa’s Consumer Fraud Act in marketing stem-cell and exosome therapy treatments using false, misleading, and deceptive tactics.
When the case went to trial in Polk County District Court, the defendant, Travis Autor, …
read moreIowa Supreme Court sends case on “protectionist” legislation back to trial court with pointed language about legislative logrolling
The Iowa Constitution requires that bills enacted by the General Assembly contain a single subject in the title. Although legislators often use vaguely general titles on bills that contain many unrelated provisions, the Iowa Supreme Court has been reluctant to declare the practice unconstitutional: In the 166 years since th …
read moreIowa Supreme Court to hear arguments in two cases March 22
The Iowa Supreme Court will hear arguments in two cases March 22. Two other cases will be submitted to the Court without oral argument. Following are summaries of those cases. Go to On Brief’s “Cases in the Pipeline” page to read the briefs filed in these cases.
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read moreIn 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” …
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Iowa Supreme Court to hear arguments in eight cases Apr. 10-11
The Iowa Supreme Court will hear arguments in eight cases April 10 and 11. Four other cases will be submitted to the Court without oral argument. Following are brief summaries of the April arguments.
February 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in eighteen cases during February 2024. You can read Rox Laird’s analysis of Singh v. McDermott, Selden v. DMACC, and Senator Roby Smith et al. v. Iowa District Court for Polk County. The remaining opinions from February are summarized here.
Iowa Court of Appeals divided on trial court’s vacatur of arbitration award
A two-judge majority of an Iowa Court of Appeals panel affirmed a Polk County District Court ruling vacating an arbitration award in a case involving financial regulation. The third member of the panel dissented, saying the majority and the trial court erred in substituting their conclusions …
In case to be heard in Bondurant April 2, Iowa Supreme Court is asked: When is a ‘firearm’ not an ‘offensive weapon’?
Is a replica of a 19th century muzzleloader rifle a “firearm” under Iowa law? No, argues a Burlington man convicted of possessing a firearm in violation of state law.
That question is the heart of an appeal to be argued before the Iowa Supreme Court in a special session April 2 in Bondurant. The oral argument, which …
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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.