Iowa Supreme Court stands by its ‘continuing storm’ doctrine in slip-and-fall suits
Iowa Supreme Court denies further review in challenges to changes in judicial nominating process
Legal challenges to the Iowa Legislature’s 2019 changes in the nominating process for Iowa appellate judges have reached the end of the road. The Iowa Supreme Court on May 15 denied applications for further review of two Iowa Court of Appeals rulings dismissing the challenges by lawyers and state legislators.
Cedar Rap …
read moreA pro se trip through three Iowa courts winds up at a dead end
Drake University did not violate trustee’s rights by removing him from the board, federal appeals court rules
Iowa Supreme Court grants further review in four Court of Appeals decisions
The Iowa Supreme Court has granted further review of four rulings of the Iowa Court of Appeals. Following are brief summaries of those cases. Go to On Brief’s Cases in the Pipeline page to read the parties’ briefs and appellants’ applications for further rev …
read moreJury instruction on ‘stand your ground’ defense violated the Fifth Amendment, Iowa Supreme Court rules
Iowa law requires that criminal defendants who invoke a “stand your ground” defense must have informed law-enforcement authorities of the use of deadly force. That requirement, on its face, may or may not violate a defendant’s constitutional rights, but a defendant’s Fifth Amendment right against self incrimination …
read moreA dozen cases to be submitted to Iowa Supreme Court this week without oral argument
Twelve cases will be submitted to the Iowa Supreme Court this week without oral argument. The Supreme Court and Court of Appeals are not hearing oral arguments through July 13 under a supervisory order issued by Chief Justice Susan Christensen on April 2 in response to the coronavirus pandemic. The appellate courts may, at …
read moreIowa Supreme Court: Plaintiffs who dropped hog-confinement suit must pay defendants’ costs
Two Wapello County residents who brought nuisance suits against operators of hog confinements and later voluntarily dropped them must pay the defendants’ costs, including legal fees, the Iowa Supreme Court ruled March 27.
Michael Merrill and Karen Jo Frescoln were among two of 70 original plaintiffs in Honom …
read moreTruckers must pursue workers’ compensation claims individually, not as a class, Iowa Supreme Court rules
Drivers who work for a national trucking company based in Des Moines do not have common claims for purposes of a class-action lawsuit on workers’ compensation benefits, the Iowa Supreme Court ruled March 20.
In weighing class action status in read more
The Iowa Supreme Court has a little over three months left in its current term, but the last oral arguments have already been heard, as a result of schedule changes forced by the coronavirus outbreak.
In recent days, Chief Justice Susan Christensen has issued a string of orders (accessible on the Judicial Branch read more
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Analyzing DNA voluntarily abandoned in public is not a search under the United States or Iowa Constitution, according to the Iowa Supreme Court
In a 5-2 decision, the Iowa Supreme Court held that police officers’ collection and testing of DNA on a drinking straw abandoned by a suspect in a restaurant did not constitute a search under the Fourth Amendment of the United States Constitution or article I, section 8 of the Iowa Constitution. Two dissenting Justices ex …
Right to a jury does not apply to Consumer Fraud Act claims brought by the Attorney General, Iowa Supreme Court rules
Because Iowa’s Consumer Fraud Act is enforced through civil proceedings aimed at making victims whole and preventing future fraudulent actions rather than punishment, defendants accused of violating the Act are not entitled to a trial by jury, the Iowa Supreme Court held in a decision handed down May 26.
The State brou …
Municipal water utility not protected from strict liability for main breaks, Iowa Supreme Court rules
A municipal water utility is not shielded by the Iowa Tort Claims Act from strict liability for damage to a Council Bluffs couples’ home caused by water main breaks, the Iowa Supreme Court held in a decision handed down May 19.
Jim and …
With sex-affirming surgery case declared moot by Iowa Supreme Court, resolution of constitutional questions awaits a future case
A case with a long procedural history in administrative and constitutional law that might have resolved the question of Medicaid coverage for gender-affirming surgery ended quietly May 12 when the Iowa Supreme Court declared the case moot. T …
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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.