Iowa Supreme Court denies requests for interlocutory review on absentee ballot request forms
Iowa Supreme kicks off its 2020-21 term with oral arguments this week
The Iowa Supreme Court will hear its first round of oral arguments of the 2020-21 term Wednesday and Thursday, and the first in person oral arguments heard since March due to the coronavirus outbreak.
The Sept. 16 and 17 oral arguments will feature justices, attorneys, court staff, and members of the public observing the …
read moreIowa Supreme Court 2019-20 term review: A year of historic challenges
The Iowa Supreme Court’s 2019-20 term was marked by change and disruption. Change came with the appointment of two new justices and the selection of a new chief justice. Disruption came with the coronavirus outbreak that suspended oral arguments and closed the Judicial Branch Building to the public.
The 102 decisions t …
read moreJudicial Branch launches monthly podcast on Iowa courts
The Iowa Judicial Branch has begun a monthly podcast titled “In the Balance: An Iowa Judicial Branch Podcast,” that will explore how Iowa’s courts function.
“In each monthly episode, we will explore the in’s and out’s of our state-level court system, host interviews with judges and justices, and shine a light …
read moreIowa Supreme Court sides with first-in-time tenant in conflict between pet allergy and emotional support animal
The Iowa Supreme Court held that a tenant with a dog allergy may maintain civil claims for damages against their landlord arising from the landlord’s waiver of their no-pets policy for a neighboring tenant’s emotional support animal. In doing so, the Court emphasized the narrowness of its holding, characterizing its analy …
read moreIowa Supreme Court asked to toss suit seeking to force Iowa to regulate agricultural pollution
The Iowa Supreme Court will hear arguments in an appeal challenging a lawsuit filed by citizens and environmental groups claiming State environmental agencies failed to reduce the presence of agricultural pollutants in the Raccoon River.
Iowa CCI and Food & Water Watch filed suit in Polk County District Court in Marc …
read moreFederal court says grand jury may see records of investigation into Iowa State Patrol officer misconduct
The U.S. Court of Appeals for the Eighth Circuit affirmed a federal court order denying the Iowa Department of Public Safety’s motion to quash a grand jury subpoena for department records related to an investigation of an Iowa State Patrol officer for misconduct or use of excessive force.
The August 2019 subpoena order …
read moreLocal civil rights ordinances not enforceable in state court, Iowa Supreme Court rules
Municipal ordinances created to protect residents’ civil rights are not enforceable in state court, the Iowa Supreme Court ruled June 30.
The Iowa Civil Rights Act authorizes the state Civil Rights Commission to issue “right to sue” letters to complainants, who are then able to file a civil suit in state district c …
read moreCity is liable for cyclist injured on bike trail, Iowa Supreme Court rules
Iowa Supreme Court adds cases to be heard in 2020-21 term
The Iowa Supreme Court is in the final month of its 2019-20 term before breaking for two months to focus on court administration and rules. Meanwhile, the Court has been adding cases to its 2020-21 term that begins in September with a full complement of seven justices.
Since May 1, the Court has granted further review to …
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Iowa Supreme Court deadlocks on constitutional ‘takings’ question in Madison County power line case
Six justices of the Iowa Supreme Court were deadlocked on a constitutional “takings” question in a case involving a plan by MidAmerican Energy to construct a power transmission line along a highway right-of-way that crosses a Madison County resident’s property.
MidAmerican applied for a franchise from the Iowa Util …
An evenly divided Supreme Court affirms “fetal heartbeat law” injunction by operation of law, trades barbs on matters of jurisprudence and appellate procedure
In a 3-3 decision, the Iowa Supreme Court affirmed a district court ruling refusing to dissolve a 2019 injunction against enforcement of a law known as the “fetal heartbeat law,” which would prohibit most abortions after about six weeks of pregnancy. Though the lack of a majority means that no written opinion carries th …
Iowa Supreme Court holds new qualified immunity provision does not apply retrospectively but applies new heightened pleading standard to claims against Polk County by former employee
On January 5, 2021, Jim Nahas was fired by the Polk County Board of Supervisors from his position as the Polk County Human Resources Director. In response, Nahas filed suit against the Board and four of its members, “claiming libel per se, wrongful termination in violation of public policy, extor
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Iowa Supreme Court rejects challenges to collection of fines generated by traffic cameras
City ordinances in Des Moines and Windsor Heights providing for collection of traffic fines generated by automated traffic enforcement cameras are not unconstitutional government takings, they do not violate due process of law, and they do not amount to illegal property taxes, the Iowa Suprem …
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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.