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Right to a jury does not apply to Consumer Fraud Act claims brought by the Attorney General, Iowa Supreme Court rules
Because Iowa’s Consumer Fraud Act is enforced through civil proceedings aimed at making victims whole and preventing future fraudulent actions rather than punishment, defendants accused of violating the Act are not entitled to a trial by jury, the Iowa Supreme Court held in a decision handed down May 26.
The State brou …
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Municipal water utility not protected from strict liability for main breaks, Iowa Supreme Court rules
With sex-affirming surgery case declared moot by Iowa Supreme Court, resolution of constitutional questions awaits a future case
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Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
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Iowa Supreme Court unanimously overturns 2017 Godfrey precedent establishing direct damages claims under Iowa Constitution
In an opinion filed May 5, 2023 in Burnett v. Smith and State of Iowa the Iowa Supreme Court overruled its 2017 opinion in Godfrey v. State, which recognized a private right of action for damages against State officials f …
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An entity created by local governments is beyond the State Auditor’s reach, according to the Iowa Supreme Court
The Iowa State Auditor is empowered by the Iowa Code to audit agencies of the state government and certain governmental subdivisions of the State, including cities and counties. Meanwhile, local governments are authorized by the Iowa Code to form collaborative entities. Does that mean the State Auditor has authority to audi …
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Fired Catholic school principal won’t get new trial, Iowa Supreme Court rules
A former principal of St. Joseph’s Catholic School in Des Moines will not get a new trial in her unsuccessful civil action against the Catholic Diocese of Des Moines, St. Joseph’s Church, and the pastor who supervised her, for fraud and defamation by all defendants, and breach of contract against the pastor, Father Jose …
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Iowa Supreme Court allows open records suit to proceed, saying the Governor is not immune from such litigation
The Iowa Supreme Court affirmed the Polk County District Court’s denial of a motion to dismiss a suit brought by journalists claiming Gov. Kim Reynolds and other staffers within her office violated the Iowa Open Records Act. In reaching that decision, the Court held the plaintiffs’ claims against the Governor did not vi …
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Iowa Supreme Court to hear arguments in three cases April 11, including on enforcement of Iowa’s fetal-heartbeat abortion law
The Iowa Supreme Court will hear oral arguments in three cases April 11. A fourth case will be submitted to the Court without oral argument. Following are summaries of the cases. [Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases.]
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Oral argument on the right to a jury will be heard by Iowa Supreme Court in session in Perry April 4
In July 2020 the Iowa Attorney General filed a civil suit alleging a now-defunct Omaha company violated Iowa’s Consumer Fraud Act in marketing stem-cell and exosome therapy treatments using false, misleading, and deceptive tactics.
When the case went to trial in Polk County District Court, the defendant, Travis Autor, …
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Iowa Supreme Court to hear arguments in 11 cases Feb. 19-21
The Iowa Supreme Court will hear arguments in 11 cases Feb. 19-21. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the February cases.
Public invited to observe Iowa Supreme Court oral arguments at an evening session Feb. 19
The Iowa Supreme Court will hold a special evening session in Des Moines Feb. 19 to hear oral arguments in a case involving the right of a criminal suspect in police custody to contact a lawyer or family member.
Oral arguments are ordinarily held during mornings or early afternoons in Des Moines, but each term the Court …
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
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.December 2023 Opinion Roundup
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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.