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
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
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Iowa Supreme Court seeks public comment on proposed rules governing remote court proceedings
During the height of the Covid-19 pandemic, the Iowa Supreme Court created temporary rules for conducting remote trial and appellate proceedings when in-person hearings and trials were not considered safe.
Although Covid concerns have receded, Iowa judges, lawyers, and court administrators have recognized the need to con …
Iowa Code section 20.32 does not extend broader bargaining rights to nontransit employees, Iowa Supreme Court rules
In an opinion filed February 24, 2023, the Iowa Supreme Court in City of Ames v. Iowa Public Employment Relations Board ruled Iowa Code section 20.32 does not extend broader bargaining rights to nontransit employees in a bargaining unit made up of 30 percent or more transit employees. Justice Waterman delivered the …
Iowa Supreme Court holds subpoenas served on a non-party should have been quashed for imposing an undue burden
In an opinion filed on February 10, 2023, the Iowa Supreme Court in In the Matter of the Subpoenas Issued to Dethmers Manufacturing Company held subpoenas relating to a Louisiana products liability suit but issued from an Iowa court to a nonparty in Iowa imposed an undue burden under the Iowa Civil Rules of Procedu …
Does Iowa’s constitution require a tougher standard for removing minority jurors? Iowa Supreme Court says no
The Iowa Supreme Court declined to take up an appellant’s suggestion that the Court apply a more rigorous standard for deciding whether the removal of the only minority-group member from a pool of potential jurors may violate the Iowa Constitution.
Davina Valdez, a Black teacher’s assistant sued the West Des Moines S …
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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.