Assessing fault: The designated driver? Or a drunken passenger who fell off the trunk of the car?
The U.S. Court of Appeals for the Eighth Circuit ruled this past Tuesday that a designated driver should not be held to a greater degree of fault for a passenger’s injuries than the passenger. (Amy Hiltner v. Owners Insuranc …
read moreIowa Supreme Court’s September lineup: 26 cases on the calendar with 15 oral arguments
The Iowa Supreme Court begins its 2017-18 term Sept. 13 with a calendar packed with oral arguments over five days and two road trips to hear arguments outside the Judicial Branch Building.
The court has scheduled to hear arguments in 15 cases in September …
read moreEighth Circuit rules for union worker who hurled racist comments at strike breakers
Des Moines will host 2018 Eighth Circuit Judicial Conference
Federal court practitioners and court observers may want to keep their schedules flexible next summer: The 2018 Eighth Circuit Judicial Conference is scheduled to be held in Des Moines Aug. 15-17.
The conference could feature an appearance by U.S. Supreme …
read moreWhat the Iowa Supreme Court is doing this summer while you are on vacation
It may be the summer break for the Iowa Supreme Court, but the justices are not idle. During the months of July and August – between the end of one term and the beginning of the next – the justices take a break from hearing cases and writing opinions in order to focus on the administrative …
read moreIowa Supreme Court: Plaintiffs may sue State for damages under the Iowa Constitution
Iowa’s former Workers’ Compensation Commissioner has a right to sue the State for monetary damages under the Iowa Constitution, the Iowa Supreme Court ruled Friday.
The read more
Iowa Supreme Court finds a warrantless breath test while operating a boat was involuntary and violated the Iowa Constitution.
A splintered Iowa Supreme Court reverses $1.4 million employment judgment
Supreme Court’s lottery ruling a lesson for Iowa law enforcement
Law enforcement authorities who dilly-dally in investigating crimes face the prospect of losing at trial because the statute of limitations clock has run out, the Iowa Supreme ruled Friday.
The Court threw out the 2015 conviction of Eddie Tipton, a former M …
read moreJuvenile sentencing ruling exposes deep fissure on Iowa Supreme Court
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Iowa Supreme Court finds that Iowa statute limiting reimbursement for privately retained counsel does not violate Sixth Amendment
Under the Sixth Amendment of the United States Constitution, a defendant has the right to effective assistance of counsel. This right includes an entitlement to reasonably necessary ancillary services paid at state expenses, including where the defendant is represented by court-appointed counsel. Iowa Code Section 815.1 – …
Eighth Circuit Court of Appeals affirms dismissal of former City of Cedar Falls employee’s claims against the city
Michelle Brandt, a long-time Cedar Falls city employee, brought claims against the city and several employees stemming from her time working for the city as well as her termination in 2018. Brandt brought claims for interference with and retaliation for her exercise of Family and Medical Leave Act (FMLA) rights, and claims …
Iowa Supreme Court’s splintered abortion ruling: Four opinions covering 182 pages
The Iowa Supreme Court’s June 17 ruling overturning its 2018 decision that recognized a fundamental right to abortion under the Iowa Constitution did more than overturn that four-year-old precedent.
The Court, in four separate op …
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 …
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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.