By Colin Smith The opinion in Iowa Right to Life v. Tooker—a case we predicted would be a blockbuster—was handed down by the Eighth Circuit Court of Appeals this morning. While I have only had the opportunity to skim the lengthy opinion at this point,…
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Two appellate-jurisdiction issues; two circuit splits. Next year’s moot-court competition?
By Ryan Koopmans Yesterday, the Eighth Circuit decided Ruppert v. Principal Life Insurance Company and deepened circuit splits on two separate issues. First, the panel held that if a plaintiff voluntarily dismisses his remaining claim after receiving an unfavorable interlocutory ruling, there is no final appealable order unless the dismissal is with…
Eighth Circuit Panel Split Over Whether Statute of Limitations Binds Court’s Sua Sponte Authority
By Ryan Koopmans Last week in United States v. Daily, a majority of a three-judge panel ruled that a district court can resentence a criminal defendant sua sponte even though the statute of limitations has passed for post-conviction relief. Carlous Daily was convicted of armed robbery, among…
Eighth Circuit Validates Class Action Waivers in FLSA Cases
By Tom Cunningham The U.S. Court of Appeals for the Eighth Circuit presented employers with a New Year’s victory on Monday when it issued its decision in Owen v. Bristol Care, Inc., 2013 WL 57874 (8th Cir. Jan. 7, 2013). The Court held that an…
Eighth Circuit Creates Intra-Circuit Conflict–In One Day
By Ryan Koopmans Last year, the en banc Eighth Circuit decided that when two panels answer the same question differently, the earlier decision controls. But what happens when the cases are decided on the same day? We’ll soon find out. Today, two Eighth Circuit…
FEATURED POSTS
Iowa Supreme Court Justice David May discusses separation of powers in Judicial Branch podcast interview
Iowa Supreme Court Justice David May discussed the concept of separation of powers, federalism and other constitutional topics in an interview on the Iowa Judicial Branch’s “In the Balance” podcast posted Sept. 8 on the Judicial Branch website.
Iowa Supreme Court to hear oral argument Sept. 16 in Bettendorf in a case involving a shortage of attorneys available to represent indigent criminal defendants
The Iowa Supreme Court on Sept 16 will hear oral argument in Bettendorf in a case that poses the question of whether a district court can deny a State Public Defender’s effort to withdraw as counsel representing an indigent defendant because the Public Defender’s office…
March 2025 Opinion Roundup
The Iowa Supreme Court entered opinions in fifteen cases in March 2025.
Iowa Supreme Court to hear arguments in nine cases Sept. 9 and 10
The Iowa Supreme Court will kick off its 2025-26 term with oral arguments in nine cases scheduled for Sept. 9 and 10. Four cases will be submitted to the Court without oral argument. Following are brief summaries of these cases.
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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.