Iowa Supreme Court’s splintered abortion ruling: Four opinions covering 182 pages
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 …
read more911 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.
read moreCorporate 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 …
read moreIowa 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 …
read moreDes 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 …
read moreEighth 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 …
read moreRailroad’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.
…
read moreFEATURED POSTS
Iowa Supreme Court to hear arguments in four cases Jan. 23
The Iowa Supreme Court will hear arguments in four cases Jan. 23. Three other cases will be submitted to the Court without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases.
State universities must pay health care association assessments, Iowa Supreme Court holds
The Iowa Legislature in 1995 enacted health care insurance reforms aimed at improving individual access to health insurance. Among other things, the legislation created the Iowa Individual Health Benefit Reinsurance Association, a private nonprofit corporation.
Individual health insurance providers are required by the st …
Iowa Supreme Court clarifies statutory “certificate of merit” requirements for medical malpractice suits
Iowa law requires that a party bringing a malpractice action against a health care provider provide defendants with an expert witness affidavit regarding the alleged breach of the applicable medical standard of care, referred to as a “certificate of merit”. In three decisions handed down Dec. 22, the Iowa Supreme Court …
Indiana doctor can be sued over contract dispute in Iowa, Iowa Supreme Court holds
In 2021 Des Moines lawyer Marc Harding was considering bringing a medical malpractice action in Iowa and sent records related to the case to an Indiana surgeon to review. Harding ultimately decided against bringing the malpractice suit but instead sued the Indiana doctor over a consulting-fee dispute.
That dispute led to …
APPELLATE CALENDAR
EDITORIAL TEAM
ABOUT
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.