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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
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 – …
read moreEighth Circuit Court of Appeals affirms dismissal of former City of Cedar Falls employee’s claims against the city
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 …
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Iowa Supreme Court’s splintered abortion ruling: Four opinions covering 182 pages
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Was a real estate agent liable when a prospective buyer fell on an icy driveway? The Iowa Supreme Court says no
Iowa Supreme Court declines to extend juvenile sentencing protections to young adults in two cases
James Dorsey broke into a home before shooting and killing an unarmed woman just five days after he turned eighteen in 1984. Dorsey was convicted of first-degree murder and he received the mandatory sentence for first-degree murder – life in prison without the possibility of parole. The case before the Iowa Supreme Court …
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911 dispatcher with PTSD is eligible for workers’ compensation benefits, Iowa Supreme Court holds
An emergency dispatcher traumatized by a distraught mother screaming for two minutes “Help me, my baby is dead” is eligible for workers’ compensation benefits even though the job comes with distressing calls, the Iowa Supreme Court ruled June 3.
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Corporate Shareholders Suing Directors Face Heightened Pleading Requirement, Iowa Supreme Court Holds
In 2019, the publicly traded stock of EMC Insurance Group, Inc. (“EMCI”) was acquired in a “going private transaction.” Certain shareholders sued members of EMCI’s board of directors for breaching fiduciary duties owed to public shareholders. Those individual directors moved to dismiss the plaintiffs’ claims, an …
read moreIowa Supreme Court will mark Justice Appel’s retirement at June 2 ceremony
Iowa Supreme Court Justice Brent Appel will retire from the Court effective June 13 after serving on the Court for 16 years. Appel, who turns 72 this year, reached the ma …
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Iowa Supreme Court applies ‘plain feel’ exception to uphold Fourth Amendment warrantless search
Appellate courts have over the past half century given police officers more latitude to make warrantless searches during traffic stops using two of the five senses – sight and touch – to assess whether a suspicious item discovered in a pat-down search is evidence of a crime.
The sense of touch was at issue in a decis …
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Iowa Court of Appeals September 2023 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. In September 2023, the Court of Appeals selected six opinions for publication, summarized below.
Eighth Circuit Court of Appeals upends Voting Rights Act precedents on who has the right to challenge laws based on race or color
In the nearly six decades since the Voting Rights Act was enacted by Congress, federal judges have assumed private parties could bring suits in federal court to enforce the law that prohibits state or federal election policies that deny the right to vote based on race or color.
That assumption was upended in a Nov. 20 de …
Edited body camera video should not have been admitted in OWI trial, Iowa Supreme Court rules
An edited video from a police officer’s body camera leading jurors to conclude a drunk-driving suspect failed a preliminary breath test should not have been allowed into evidence, the Iowa Supreme Court said in a ruling handed down Nov. 17 …
October 2023 Opinion Roundup
The Iowa Supreme Court entered opinions in seven cases during October 2023. You can find in-depth summaries of two cases at the following links:
- In the Matter of V.H., 22-0952
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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.