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 …
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.
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 …
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 …
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 …
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In case to be heard in Bondurant April 2, Iowa Supreme Court is asked: When is a ‘firearm’ not an ‘offensive weapon’?
Is a replica of a 19th century muzzleloader rifle a “firearm” under Iowa law? No, argues a Burlington man convicted of possessing a firearm in violation of state law.
That question is the heart of an appeal to be argued before the Iowa Supreme Court in a special session April 2 in Bondurant. The oral argument, which …
Iowa Supreme Court to hear arguments in seven cases March 20, 21
The Iowa Supreme Court will hear arguments in seven cases March 20 and 21. Six 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 cases to be argued
January 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in six cases during January 2024. You can read Rox Laird’s analysis of In re Detention of Schuman and Chicoine v. Wellmark, Inc., in separate posts. The remaining opinions from January are summarized below.
Iowa Constitution can protect legislators from subpoenas, Iowa Supreme Court holds
Iowa legislators are shielded by the Iowa Constitution from being forced to produce communications with third parties in a civil proceeding related to the passage of legislation, the Iowa Supreme Court held for the first time in a decision h …
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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.