State universities must pay health care association assessments, Iowa Supreme Court holds
The Iowa Legislature in 1995 enacted health care insurance reforms aimed at improving individual access to health insurance. Among other things, the legislation created the Iowa Individual Health Benefit Reinsurance Association, a private nonprofit corporation.
Individual health insurance providers are required by the st …
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Iowa Supreme Court clarifies statutory “certificate of merit” requirements for medical malpractice suits
Iowa law requires that a party bringing a malpractice action against a health care provider provide defendants with an expert witness affidavit regarding the alleged breach of the applicable medical standard of care, referred to as a “certificate of merit”. In three decisions handed down Dec. 22, the Iowa Supreme Court …
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Indiana doctor can be sued over contract dispute in Iowa, Iowa Supreme Court holds
In 2021 Des Moines lawyer Marc Harding was considering bringing a medical malpractice action in Iowa and sent records related to the case to an Indiana surgeon to review. Harding ultimately decided against bringing the malpractice suit but instead sued the Indiana doctor over a consulting-fee dispute.
That dispute led to …
read moreNovember 2023 Opinion Roundup
The Iowa Supreme Court entered opinions in six cases during November 2023. You can read Rox Laird’s summary State v. Amisi at the link here. The remaining opinions from November are summarized below.
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DOT’s delay in traffic stop violated trucker’s 4th Amendment rights, Iowa Supreme Court holds
There is no time limit on law-enforcement traffic stops before the line is crossed into a Fourth Amendment violation, the Iowa Supreme Court said in a Dec. 8 decision, and courts must thoroughly examine the record to determine where to draw that line in each case.
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Iowa Supreme Court to hear arguments in 8 cases Dec. 13 and 14
The Iowa Supreme Court will hear arguments in eight cases Dec. 13 and 14. Three other cases will be submitted to the Court without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the December cases.
read moreIowa Court of Appeals December 2023 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. On December 1, 2023, the Court of Appeals selected three opinions for publication, summarized below.
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Iowa Supreme Court: ‘Scurrilous’ notes taped to doors of residents displaying rainbow flags amounted to hate crime
When Robert Geddes entered onto the private property of five Boone residents without permission, he violated Iowa’s trespass statute. It became a more serious crime when he taped “Burn that gay flag” messages on the front doors of those residences, which were displaying rainbow flags. That elevated the charge to tresp …
read moreIowa Court of Appeals September 2023 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. In September 2023, the Court of Appeals selected six opinions for publication, summarized below.
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Eighth Circuit Court of Appeals upends Voting Rights Act precedents on who has the right to challenge laws based on race or color
In the nearly six decades since the Voting Rights Act was enacted by Congress, federal judges have assumed private parties could bring suits in federal court to enforce the law that prohibits state or federal election policies that deny the right to vote based on race or color.
That assumption was upended in a Nov. 20 de …
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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 …
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 …
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 …
Iowa Supreme Court sends question of State Auditor’s application of records law back to district court
The Iowa Supreme Court reversed in part a Polk County District Court ruling granting summary judgment in favor of State Auditor Rob Sand’s withholding release of communications related to the Auditor’s investigation of the governor’s office. The justices sent the case back to the trial court for further proceedings on …
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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.