By Ryan Koopmans Yesterday, Iowa Senator Tom Harkin forwarded two names to President Obama to fill a vacancy being left by Eighth Circuit Judge Michael Melloy, who will take senior status on January 30. Making the cut: Jane Kelly, a federal public defender from Cedar Rapids,…
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Chief Justice Appoints Judge Colloton as Chair of Appellate Rules Committee
By Ryan Koopmans Today, the the Administrative Office of the U.S. Courts announced that Chief Justice John Roberts has named Iowa-based Eighth Circuit Judge Steven Colloton as the chair of the Advisory Committee on Appellate Rules. Judge Colloton, who succeeds Sixth Circuit Judge Jeffrey Sutton, will serve a…
Eighth Circuit: School May Punish Students For Out-Of-School Internet Speech
[The following summary was written by Nyemaster Goode attorney Colin Smith] The Eighth Circuit Court of Appeals recently overturned a lower district court’s ruling that stated that a Missouri High School’s suspension and re-assignment of two students who created a derogatory blog about the school…
En Banc Eighth Circuit Rules Against Funeral Protesters in Free Speech Case
[The following summary was written by Nyemaster Goode attorney Colin Smith] Recently the U.S. Court of Appeals for the Eighth Circuit, in its en banc rehearing of Phelps-Roper v. City of Manchester, held that a Missouri town’s funeral protest ordinance was constitutional as a narrowly…
Eighth Circuit Rules That Healthcare Challengers Lack Standing
[The following summary was written by Nyemaster Goode attorney Colin Smith] In one of the latest cases to come down in the wake of the United States Supreme Court’s landmark decision on the constitutionality of the Affordable Care Act (“ACA”), the Eighth Circuit Court of…
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U.S. Supreme Court asked to overturn Iowa Supreme Court drug-sniffing dog decision
An Iowa woman seeking to overturn her drug possession conviction has filed a petition for certiorari with the U.S. Supreme Court, arguing that a police search of her vehicle based on a drug-detection dog’s sniff through an open window violated her Fourth Amendment protection against unreasonable searches and seizures.
A statistical review of the 2024-2025 Iowa Supreme Court term: Continued unpredictability in close cases
The 2024-2025 term of the Iowa Supreme Court was the third term to feature the set of seven justices currently serving on the court. Our review of various statistical measurements shows certain reliable patterns of data as well as the lack of clear patterns in some instances.
Iowa Supreme Court addresses standards for achieving service of process upon parties without a permanent residence
In Lucas v. Warhol, the Iowa Supreme Court examined service of process in a matter involving a defendant who might not have been able to get mail due to experiencing homelessness.
Analyzing pre-answer dismissal of claims following alleged student assault, Iowa Supreme Court affirms in part and reverses in part
In Doe v. Western Dubuque Community School District, parents and their child brought claims for loss of consortium, negligence, and breach of fiduciary duty against staff members and officials for their child’s school district, as well as the district itself.
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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.