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Iowa Supreme Court, citing the Iowa Constitution, limits warrantless searches of containers in impounded vehicles
The Iowa Supreme Court added another category of police searches where it invoked the Iowa Constitution to extend broader protection than the U.S. Supreme Court has granted under the Fourth Amendment to the U.S. Constitution.
For drivers whose vehicles ar …
read moreDivided Iowa Supreme Court keeps county attorney on the job, despite sexual harassment complaints
Van Buren County Attorney Abraham Watkins was removed from office by a District Court judge who ruled that Watkins “engaged in misconduct or maladministration by regularly committing sexual harassment” of female employees.
The court record reciting Watk …
read moreFelony-murder rule can be applied to juveniles, Iowa Supreme Court rules
The Iowa Supreme Court ruled that the felony-murder rule may be applied to juvenile offenders in a decision upholding the sentence of life in prison with the possibility of parole for a defendant who was 16 at the time of the crime.
Keyon Harrison was found guilty by a Polk County jury of first-degree murder for his role …
read moreDefendant did not violate the Iowa Civil Rights Act for discrimination it was unaware of, Iowa Supreme Court rules
An applicant for a firefighter position is rejected after the employer’s consulting physician concludes the applicant is medically unqualified without disclosing the reason: The applicant had recently had symptoms of multiple sclerosis (MS).
Did the employer violate the disability discrimination provision of the Iowa Civ …
read moreIowa Supreme Court sticks with its precedent on livestock nuisance suits
The Iowa Supreme Court sent a lawsuit back to Wapello District Court to make factual findings on whether an Iowa law that protects livestock-confinement operators from nuisance liability violates the affected neighbors’ constitutional rights.
The Court in read more
Iowa Supreme Court splits, again, on a juvenile sentencing case
Iowa’s mandatory sex-offender registry for juveniles who commit a sex offense by force is the equivalent of criminal punishment, a divided Iowa Supreme Court ruled June 15, but it’s not unconstitutional cruel and unusual punishment.
Thus, the Court co …
read moreEmployees with employment contracts can sue for wrongful termination, the Iowa Supreme Court rules for the first time
The Iowa Supreme Court ruled that employees working under an employment contract can sue their employer for wrongful discharge in violation of public policy.
The ruling in read more
Iowa Supreme Court reaffirms ‘public duty doctrine’ in rejecting claims against Humboldt County
An Iowa woman who was severely injured in a vehicle accident in Humboldt County cannot sue the county for negligence based on an exception to such liability suits long recognized in Iowa, a divided Iowa Supreme Court ruled June 8.
Kaitlyn Johnson suffered …
read moreIowa Supreme Court: Plaintiff’s attorney crossed a line, so the defendant gets a new trial
The Iowa Supreme Court sent an asbestos case back for a new trial because the plaintiff’s attorney prejudiced the defendant in closing arguments. And the Court clarified its previous ruling on punitive damages in such cases.
The decision in read more
U.S. Supreme Court denies reduced criminal sentences in appeal from Iowa
The U.S. Supreme Court denied an appeal from five Iowa criminal defendants who argued for shortened prison terms based on a recent change in federal sentencing guidelines.
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FEATURED POSTS
Was a real estate agent liable when a prospective buyer fell on an icy driveway? The Iowa Supreme Court says no
The Iowa Supreme Court held that a seller’s real estate agent was not liable for a potential buyer’s injuries suffered when visiting a home listed for sale in a decision handed down June 10.
Amanda DeSousa was getting out of a vehicle …
Iowa Supreme Court declines to extend juvenile sentencing protections to young adults in two cases
James Dorsey broke into a home before shooting and killing an unarmed woman just five days after he turned eighteen in 1984. Dorsey was convicted of first-degree murder and he received the mandatory sentence for first-degree murder – life in prison without the possibility of parole. The case before the Iowa Supreme Court …
911 dispatcher with PTSD is eligible for workers’ compensation benefits, Iowa Supreme Court holds
An emergency dispatcher traumatized by a distraught mother screaming for two minutes “Help me, my baby is dead” is eligible for workers’ compensation benefits even though the job comes with distressing calls, the Iowa Supreme Court ruled June 3.
Corporate Shareholders Suing Directors Face Heightened Pleading Requirement, Iowa Supreme Court Holds
In 2019, the publicly traded stock of EMC Insurance Group, Inc. (“EMCI”) was acquired in a “going private transaction.” Certain shareholders sued members of EMCI’s board of directors for breaching fiduciary duties owed to public shareholders. Those individual directors moved to dismiss the plaintiffs’ claims, an …
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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.