Article on Iowa dairy farm made potentially defamatory statements about California congressman, Eighth Circuit rules
In 2019 California Congressman Devin Nunes sued political writer Ryan Lizza and Esquire magazine in federal court claiming a 2018 story in the magazine defamed him by falsely implying that Nunes conspired to hide the suggestion that the Nunes family’s dairy farm in northwest Iowa employs undocumented immigrants.
U.S. D …
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Iowa Supreme Court to hear seven cases Wednesday and Thursday
The Iowa Supreme Court kicks off its 2021-22 term with oral arguments Sept. 15 and 16, on seven appeals. Seven additional cases will be submitted to the Court without oral argument. The Court also will hear an oral argument in Oskaloosa on Sept. 23. (Read our earlier read more
Federal appeals court ruling puts legal saga of Indian casino in Iowa nearer to conclusion
Iowa Supreme Court will go on the road Sept. 23 to hear case involving police search of Lyft passenger
The Iowa Supreme Court will hear arguments in a criminal appeal when it makes its first post-Covid trip outside the Judicial Branch Building for an oral argument in Oskaloosa on Sept. 23. A key issue in the case is whether a passenger in the vehicle operated by a ride-hailing service such as Lyft or Uber may be ordered to e …
read moreChristopher McDonald talks about his approach to being an appellate judge in podcast interview
In a new “In the Balance” podcast interview, Iowa Supreme Court Justice Christopher McDonald talks about his career as a lawyer in private practice and as a trial and appell …
read moreIowa Supreme Court 2020-21 statistical review: Christensen Court thinks outside voting blocs
After two previous terms marked by historic turnover due to retirements, deaths, and new appointments, the Iowa Supreme Court closed the books on the 2020-21 term last month with all seven justices serving the entire term.
Thus it’s possible to observe some trends among new members of the Court as well as the veteran jus …
read moreIowa Supreme Court rejects Planned Parenthood’s constitutional challenge to Iowa law preventing abortion providers from accessing grant funds for sexual education programs
In 2019, the Iowa General Assembly passed a law adding funding conditions that barred abortion providers from participating in two federally funded educational grant programs. These programs focus on educating Iowa’s youth on sexual education, including pregnancy prevention. Planned Parenthood of the Heartland (PPH) has h …
read moreTwo Iowa Supreme Court appeals challenge State jurisdiction on Tama Indian Settlement
The Iowa Supreme Court will hear appeals in the coming term on the question of whether the State of Iowa or the federal government has jurisdiction over two criminal cases involving Native American members of the Tama Indian Settlement in Tama County.
The cases are State v. Bear (20-0401) and State v. Cungti …
read moreIowa Supreme Court holds that signed liability waiver does not protect zip line operator from claims of “gross negligence”
During a visit to the Mt. Crescent Ski Area in Honey Creek, Iowa, Thomas Lukken stepped off an elevated platform and whizzed down a zip line only to be met with a crash at the end, fracturing his neck. The Iowa Supreme Court ruled this term in Lukken v. Century, Inc. that the liability waiver he signed may not have …
read moreIowa Supreme Court: Godfrey’s discrimination claims fail under both the Iowa Constitution and the Civil Rights Act
Four years ago, three justices of the Iowa Supreme Court said the Iowa Constitution provided a cause of action for a state official bringing a claim against the governor and his staff alleging that they deprived him the constitutional right to due process based on his sexual orientation or partisan politics. Then-Chief Just …
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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 …
November 2023 Opinion Roundup
The Iowa Supreme Court entered opinions in six cases during November 2023. You can read Rox Laird’s summary State v. Amisi at the link here. The remaining opinions from November are summarized below.
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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.