Iowa Supreme Court will seek to unlock legislative intent in an evening session March 9 at Des Moines’ Roosevelt High School
When is a padlock just a padlock and when is it a “theft detection device”?
That is the question before the Iowa Supreme Court in an oral argument to be heard March 9 in an evening session open to the public at Roosevelt High School in Des Moines. [Go to On Brief’s read more
Susan Christensen, the new Chief Justice of the Iowa Supreme Court, will be first to serve a shortened term
Iowa Supreme Court Justice Susan Christensen, who was selected by her colleagues on the Court to become Chief Justice, will be the first chief justice to serve just a two-year term under a new statute enacted by the Iowa General Assembly in 2019.
Prior to the passage of Senate File 638 in April 2019 (codified as Chapter …
read moreResidential contractors must be licensed to represent homeowners with insurers
Homesteads exempt from mechanic’s lien foreclosure to collect legal fees, Iowa Supreme Court rules
Homeowners may have to pay a contractor for labor and materials in a mechanic’s lien foreclosure, but they cannot be forced to forfeit their homestead to cover the contractor’s legal fees, the Iowa Supreme Court ruled. That is, however, unless the homesteader waits too long to make that claim.
That was the good-news, …
read moreIowa Supreme Court to hear arguments Feb. 10 in a case of an emotional support dog versus a neighbor with allergies
Two tenants on the same floor of an Iowa City apartment building assert conflicting rights that seem irreconcilable — one needs a dog for emotional support and the other is allergic to dogs — and they are asking the Iowa Supreme Court to decide which party should prevail.
The case, read more
Transformation of Iowa Supreme Court continues with Dana Oxley’s appointment
With the appointment of Cedar Rapids attorney Dana Oxley, the Supreme Court is one step closer to a historic transformation.
On Jan 28, Gov. Kim Reynolds announced the appointment of Oxley to replace the late Chief Justice Mark Cady. Oxley, 52, has practiced law at Shuttleworth & Ingersoll in Cedar Rapids since 2011, …
read moreIowa Supreme Court says its ruling on racial composition of juries does not apply retroactively
Two years ago the Iowa Supreme Court overruled a quarter-century-old precedent that established an exclusive test for determining whether a criminal jury reflects a fair cross section of the community. In its decision in Thongvanh v. State ha …
read moreIowa Supreme Court to hear oral arguments in eight appeals Jan. 22 and 23
The Iowa Supreme Court will hear oral arguments in eight cases Jan. 22 and 23, and three appeals will be submitted to the Court without oral argument. Following are brief summaries of the cases. Go to On Brief’s Cases in the Pipeline page to read briefs submitte …
read moreActing Chief Justice Wiggins to deliver State of the Judiciary speech to the Legislature Jan. 15
Acting Chief Justice of the Iowa Supreme Court David Wiggins will deliver the 2020 State of the Judiciary address to the Iowa General Assembly Jan. 15. The speech will be given to a joint session of both houses of the Legislature in the Iowa House chamber beginning at 10 a.m.
A public reception will follow in the Iowa Su …
read moreStatutory enforcement of workplace drug test violations the exclusive remedy, Iowa Supreme Court rules
A person cannot bring a common-law claim for wrongful discharge for a violation of a state statute that governs employer drug and alcohol testing procedures because the statute provides a civil remedy for violations of the statute, the Iowa Supreme Court ruled unanimously in a read more
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Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
A prosecutor did not discriminate against a Black criminal defendant by striking a Black member of the jury pool, the Iowa Supreme Court held in a decision handed down April 21, but three members of the Court in a separate opinion expressed …
Iowa Supreme Court unanimously overturns 2017 Godfrey precedent establishing direct damages claims under Iowa Constitution
In an opinion filed May 5, 2023 in Burnett v. Smith and State of Iowa the Iowa Supreme Court overruled its 2017 opinion in Godfrey v. State, which recognized a private right of action for damages against State officials f …
An entity created by local governments is beyond the State Auditor’s reach, according to the Iowa Supreme Court
The Iowa State Auditor is empowered by the Iowa Code to audit agencies of the state government and certain governmental subdivisions of the State, including cities and counties. Meanwhile, local governments are authorized by the Iowa Code to form collaborative entities. Does that mean the State Auditor has authority to audi …
Fired Catholic school principal won’t get new trial, Iowa Supreme Court rules
A former principal of St. Joseph’s Catholic School in Des Moines will not get a new trial in her unsuccessful civil action against the Catholic Diocese of Des Moines, St. Joseph’s Church, and the pastor who supervised her, for fraud and defamation by all defendants, and breach of contract against the pastor, Father Jose …
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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.