Des Moines police officers denied immunity for holding crime witnesses, Eighth Circuit rules
Federal courts recently have begun to reexamine the common law doctrine of “qualified immunity” that protects public officials from individual liability where there is no clearly established constitutional or statutory right at stake.
This reconsideration has been prompted in large part by critics of granting qualifi …
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Eighth Circuit Vacates Injunction Against Iowa’s Mask Mandate Ban On Mootness Grounds
On Monday, May 16, a panel of judges from the United States Court of Appeals for the Eighth Circuit vacated an Iowa federal district judge’s injunction barring enforcement of Iowa’s ban of mask mandates in schools. In doing so, the Court of Appeals overturned its prior ruling from January, which affirmed the injunction …
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Railroad’s share of drainage district repairs based on benefit, not cost, Iowa Supreme Court rules
A railroad whose tracks cross an agricultural drainage district should be assessed its share of the cost of repairing deteriorated drainage tile based on the railroad’s benefit from the repairs, not the added cost of complying with federal railroad regulations, the Iowa Supreme Court said in a ruling handed down May 6.
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Lay Landowner Cannot Testify About Specific Comparable Sales to Support the Valuation of His Land Without Expert Testimony, Iowa Supreme Court Rules
Iowa has long recognized what is know as “the property owner rule,” which permits a landowner to testify as a non-expert in condemnation cases about the landowner’s opinion of the value of its own property. Iowa has also long recognized that property values can be supported by the prices paid in comparable land sales. …
read moreMiranda-Type Warning Not Required For Pat-Down Searches, Iowa Supreme Court Rules
In an opinion issued on Friday, April 22, the Iowa Supreme Court held in State v. Hauge that a law enforcement officer was justified in requesting that a front-seat passenger exit a two-door vehicle in order to arrest a backseat pas …
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Iowa Supreme Court and Eighth Circuit Uphold Denials Of Insurance Coverage Arising From COVID-19 Business Closures
In separate opinions, each issued on Friday, April 22, the Iowa Supreme Court and the United States Court of Appeals for the Eighth Circuit held that businesses that closed in spring 2020 to comply with COVID-19 emergency regulations could not obtain coverage under commercial insurance policies that required “direct physi …
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Iowa Supreme Court to hear oral argument in one case April 20
The Iowa Supreme Court on April 20 will hear its final scheduled oral argument for the 2021-22 term, which ends in June.
One case, Hoffman v. Clark, will be argued at 9 a.m. Wednesday. Two other cases will be submitted to the Court without oral argument. Go to On Brief’s “read more
In Emergency Opinion, Iowa Supreme Court Rejects Challenge to Abby Finkenauer’s U.S. Senate Nominating Petition
Former Congresswoman Abby Finkenauer is seeking the Democratic nomination for U.S. Senate from Iowa for the 2022 general election. She submitted her nominating petition with the Iowa Secretary of State on March 10, 2022. Two private citizens filed objections to the petition, asserting defects wi
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Iowa Supreme Court affirms transgender discrimination claims against Iowa Department of Corrections and affirms summary judgment ruling in favor of Wellmark
Nearly 40 years ago the Iowa Supreme Court held that “sex” does not mean the same as “gender” in an employment discrimination claim brought by a transgender plaintiff. It was the first, and last, time the Court addressed that issue until April 1 when the Court reached the same conclusion in read more
Iowa Supreme Court to hear arguments in eight cases March 23 and 24
The Iowa Supreme Court will hear oral arguments in eight cases March 23 and 24. Seven other cases will be submitted to the Court without oral argument.
Following are brief summaries of the March 23-24 appeals. Go to On Brief’s “Cases in the Pipeline” page to read bri …
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Iowa Supreme Court to hear arguments in seven cases Nov. 15 and 16
The Iowa Supreme Court will hear arguments in seven cases Nov. 15 and 16. Eight other cases will be submitted to the Court without oral argument. Following are brief summaries of the November cases. [Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in …
The State of Iowa, not employees, must pay dues owed to union, Iowa Supreme Court rules
The State of Iowa violated a collective bargaining agreement with a State employees’ union by refusing to deduct union dues from members’ paychecks as required by the agreement, the Iowa Supreme Court said in a ruling handed down Oct. 27 …
Federal appeals court to hear arguments in three cases at Drake Law School Oct. 26
A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit will hear arguments in three Iowa cases at Drake University Law School Oct. 26. The session is scheduled to begin at 1 p.m. at the Neal and Bea Smith Law Center at 2400 University.
The Eighth Circuit Court of Appeals, which has courthouses in St. Lou …
No right to self representation in civil commitment case, Iowa Supreme Court rules
A person challenging involuntary commitment for mental illness does not have a right to self representation in state court proceedings, the Iowa Supreme Court held in a decision handed down Oc. 13.
An Iowa prison inmate, identified as V.H …
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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.