Iowa Supreme Court: It is not enough to say that a cow does not belong on a highway
Was it enough for a truck driver who struck a cow on the interstate, seeking to prove the cow’s owner was negligent, to rely upon the very fact that the cow had been allowed to wander onto the highway in the first place?
Not without more, the Iowa Supreme Court said in a read more
December 2023 Opinion Roundup
The Iowa Supreme Court entered opinions in fourteen cases during December 2023. You can read Rox Laird’s analysis of State v. Geddes, State v. Arrieta, Harding v. Sasso, and Hummel v. Smith and Hilts v. Smith. The remaining opinions from December are summarized below.
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Iowa Supreme Court reverses jury verdict in DMACC pay discrimination case
Des Moines Area Community College (DMACC) paid a female employee less than a male employee in a comparable position, but the pay differential did not amount to illegal discrimination, according to a Feb. 2 opinion by the Iowa Supreme Court.
Sandra Selden, an Application Support Analyst 2 in the DMACC information technolo …
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Iowa Supreme Court: No class action status for chiropractors in antitrust suit against Wellmark
The Polk County District Court did not exceed its authority in denying class action status to a group of Iowa chiropractors suing Wellmark Blue Cross and Blue Shield for alleged unlawful price fixing, the Iowa Supreme Court held in a Jan. 26 ruling.
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Sex offender not eligible for release after serving prison sentence, Iowa Supreme Court rules
Stewart Schuman completed a prison sentence for sex crimes in 2012. But in the decade since, Shuman, who is now 69 years old, has been confined in a sex-offender treatment unit in the Cherokee Mental Health Institute following his civil commitment as a sexually violent predator.
In 2022 the Story County District Court ru …
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Iowa Supreme Court to hear arguments in four cases Jan. 23
The Iowa Supreme Court will hear arguments in four cases Jan. 23. 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.
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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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Iowa Supreme Court to hear arguments in eight cases Oct. 8-10
The Iowa Supreme Court will hear arguments in eight cases Oct. 8-10. Six other cases will be submitted to the Court without argument. Following are brief summaries of the October cases.
Iowa Supreme Court to hear oral arguments in one case at Harlan High School Sept. 24
The Iowa Supreme Court will travel to Harlan Tuesday to hear oral arguments in an appeal brought by the head of the State Alcoholic Beverages Division who argues the Division’s fired former comptroller is not protected by a whistleblower provision in state law.
Arguments in Halbur v. Larson will be heard by th …
Iowa Supreme Court upholds removal of Libertarian Party candidates from November ballot
Instead of choosing candidates for the U.S. House in June party primaries, three Libertarian Party congressional candidates were nominated at the party’s state convention by delegates elected at county conventions.
Six eligible voters in those three congressional districts filed formal objections with the Secretary of …
Iowa Court of Appeals August 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. On Aug. 27, the Court of Appeals selected four opinions for publication. Following are summaries of those opinions.
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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.