Iowa Supreme Court reverses prior decisions on liability for failure to maintain city sidewalks and swimming pools
The Iowa Supreme Court in two separate decisions handed down June 14 overturned two of its previous rulings on the question of liability for injuries that occur on city sidewalks and at municipal swimming pools. Both rulings were divided, with two justices citing the principle of stare decisis to say the prior rulings shoul …
read moreIowa Court of Appeals outlines analysis for parental rights’ termination and reunification extension
Minor child B.W. was exposed to drug use from the day he was born, testing positive for cocaine and initiating intervention by the Iowa District Court for Polk County. In an effort to foster harmony and a healthy living environment for the child, Iowa Department of Health and Human Services attempted to assist the family …
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March 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in ten cases during March 2024. These opinions are summarized below.
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Iowa Supreme Court partially affirms trial court in mixed Cedar Rapids public records decision
Cedar Rapids resident Robert Teig asked Cedar Rapids city officials for records related to the hiring of a new city clerk and city attorney. When they mostly denied Teig’s requests, he filed suit naming six Cedar Rapids officials as defendants, which the Linn County District Court dismissed on summary judgment.
Teig ma …
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Iowa Supreme Court sends ‘stand your ground’ case back for new trial
Lasondra Johnson was tried for first-degree murder for the shooting death of Jada Young-Mills outside a Waterloo residence. Johnson argued she acted in self defense and the shooting was justified under Iowa’s “stand your ground” law that says a person is justified in the use of reasonable force in the belief that such …
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State statute requiring a signature under oath means what it says, Iowa Supreme Court holds
The Iowa Code requires that a plaintiff who brings medical malpractice claims in state court serve the defendant with an affidavit signed by an expert witness regarding the merits of the claim that the medical provider was negligent. The statute requires that the affidavit be signed under oath obligating the witness to be t …
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Two assistant attorneys general subpoenaed, but only one must testify, Iowa Supreme Court holds
Two assistant Iowa attorneys general subpoenaed to testify by deposition in an employment suit against the State appealed to the Iowa Supreme Court after the trial court denied their motion to quash the subpoenas. The Supreme Court held that while one of the attorneys is shielded from testifying, the other is not.
Depart …
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Iowa Supreme Court declines to overrule its precedent allowing multiple robbery charges when theft victims are also assaulted
In 2022 Brandon Lee entered the home of an elderly couple in Coggon, physically assaulted each of them with the aim of forcing them to reveal the location of cash, and left with $50,000 they had kept in a safe in the basement.
Lee was convicted by a Linn County jury for one count of theft and two counts of first-degree r …
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Suit regarding ownership of Terrace Hill contents remanded to trial court by Iowa Supreme Court
The Iowa Supreme Court sent a case back to Polk County District Court for further proceedings on a suit brought by the Terrace Hill Society Foundation against the Terrace Hill Commission regarding which party controls the collection of artifacts in the Terrace Hill governor’s mansion.
The Terrace Hill Society Foundatio …
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Thirty cases yet to be decided in Iowa Supreme Court’s term ending in June
The Iowa Supreme Court has 30 cases left to decide in the two months that remain in the Court’s 2023-24 term.
The case that has been on the undecided list the longest – State v. Bauler, which raised a question of whether a defendant’s Fourth Amendment rights were violated in a traffic stop – was argued N …
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Malpractice case resulting in $97 million verdict sent back for a new trial by Iowa Supreme Court
A manufacturer’s written package insert regarding the use of an obstetrical vacuum used to deliver a baby born with brain damage contained hearsay that should not have been allowed into evidence in a medical malpractice trial that resulted in a $97 million jury verdict, the Iowa Supreme Court held in a unanimous ruling issued Nov. 8.
Iowa Court of Appeals October 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. In October, the Court of Appeals selected four opinions for publication. Following are summaries of those opinions.
October 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in eight cases in October 2024. In addition to Rox Laird’s analysis of State of Iowa v. William Noble Chaiden Miller and Katherine Avenarius and Paul Avenarius v. State of Iowa summarized on this blog, the remaining opinions from October are summarized below.
Iowa Supreme Court to hear arguments in eight cases Nov. 13-14
The Iowa Supreme Court will hear arguments in eight cases Nov. 13 and Nov. 14. Five other cases will be submitted to the Court without oral argument. Following are brief summaries of the November cases.
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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.