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 …
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An 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 …
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Fired 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 …
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Iowa 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 …
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Iowa 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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Oral 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, …
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Iowa 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 …
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Iowa 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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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” …
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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 …
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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 …
Iowa Supreme Court sends ‘stand your ground’ case back for new trial
Lasondra Johnson was tried for first-degree murder for the shooting death of Jada Young-Mills outside a Waterloo residence. Johnson argued she acted in self defense and the shooting was justified under Iowa’s “stand your ground” law that says a person is justified in the use of reasonable force in the belief that such …
State statute requiring a signature under oath means what it says, Iowa Supreme Court holds
The Iowa Code requires that a plaintiff who brings medical malpractice claims in state court serve the defendant with an affidavit signed by an expert witness regarding the merits of the claim that the medical provider was negligent. The statute requires that the affidavit be signed under oath obligating the witness to be t …
Two assistant attorneys general subpoenaed, but only one must testify, Iowa Supreme Court holds
Two assistant Iowa attorneys general subpoenaed to testify by deposition in an employment suit against the State appealed to the Iowa Supreme Court after the trial court denied their motion to quash the subpoenas. The Supreme Court held that while one of the attorneys is shielded from testifying, the other is not.
Depart …
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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.