Former state employee may pursue claim she was fired for complying with Iowa Open Records Act, Iowa Supreme Court holds
Iowa Supreme Court splits over causation requirement for a toxic tort claim
In an opinion filed June 23, 2023, the Iowa Supreme Court held a plaintiff suing her employer’s landlord for exposure to toxic chemicals at work did not present sufficient evidence to create a material dispute of fact concerning whether th …
Former employee’s common law negligence claims were preempted by the Iowa Workers’ Compensation Act, the Iowa Supreme Court rules
In 2017, Jena McCoy was hired as a sales representative for Thomas L Cardella & Associates’ call center in Ottumwa, Iowa. She alleged that within her first few weeks on the job, her supervisor, John Thompson, “began sitting next to her in her cubicle, touching her inappropriately and making sexually charged comments …
Iowa Supreme Court deadlocks on constitutional ‘takings’ question in Madison County power line case
Six justices of the Iowa Supreme Court were deadlocked on a constitutional “takings” question in a case involving a plan by MidAmerican Energy to construct a power transmission line along a highway right-of-way that crosses a Madison County resident’s property.
MidAmerican applied for a franchise from the Iowa Util …
An evenly divided Supreme Court affirms “fetal heartbeat law” injunction by operation of law, trades barbs on matters of jurisprudence and appellate procedure
In a 3-3 decision, the Iowa Supreme Court affirmed a district court ruling refusing to dissolve a 2019 injunction against enforcement of a law known as the “fetal heartbeat law,” which would prohibit most abortions after about six weeks of pregnancy. Though the lack of a majority means that no written opinion carries th …
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The State of Iowa, not employees, must pay dues owed to union, Iowa Supreme Court rules
The State of Iowa violated a collective bargaining agreement with a State employees’ union by refusing to deduct union dues from members’ paychecks as required by the agreement, the Iowa Supreme Court said in a ruling handed down Oct. 27 …
Federal appeals court to hear arguments in three cases at Drake Law School Oct. 26
A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit will hear arguments in three Iowa cases at Drake University Law School Oct. 26. The session is scheduled to begin at 1 p.m. at the Neal and Bea Smith Law Center at 2400 University.
The Eighth Circuit Court of Appeals, which has courthouses in St. Lou …
No right to self representation in civil commitment case, Iowa Supreme Court rules
A person challenging involuntary commitment for mental illness does not have a right to self representation in state court proceedings, the Iowa Supreme Court held in a decision handed down Oc. 13.
An Iowa prison inmate, identified as V.H …
Question before Iowa Supreme Court: Is it enough to say a cow does not belong on a highway?
A driver whose vehicle collides with a cow wandering on a highway might logically assume the owner of the cow is, by definition, responsible for the driver’s injuries and damage to the vehicle. By that logic, the injured driver shouldn’t have to provide evidence of precisely how the owner failed to prevent the cow’s mea …
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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.