Eighth Circuit Archives - Page 2 of 17 - Nyemaster Goode On Brief

Appeal filed in federal constitutional challenge to Iowa gender-balance law for State Judicial Nominating Commission

Two Iowans who are seeking to enjoin enforcement of an Iowa statute requiring gender balance on the State Judicial Nominating Commission are taking their challenge to the U.S. Court of Appeals for the Eighth Circuit.

Rachel Raak Law of Correctionville and Micah Broekemeier of Iowa City read more

Three Des Moines police officers denied immunity by U.S. Court of Appeals in traffic stop case

by Rox Laird | 9.27

Three Des Moines police officers who violated the constitutional rights of a Des Moines man by making a traffic stop without reasonable suspicion of a crime are not entitled to qualified immunity from personal liability, the U.S. Court of Appeals for the Eighth Circuit read more

Federal court to hear appeal on Council Bluffs’ pit-bull dog ban

by Rox Laird | 9.21

May a city legally ban the possession of a certain breed of dog – such as so-called pit bulls – on the rationale that the breed is responsible for more injuries than other dog breeds?

That question will be ar …

Des Moines detectives not protected by qualified immunity, federal appeals court rules

by Rox Laird | 8.10

Two Des Moines police detectives are not entitled to qualified immunity from civil liability for violating the Fourth Amendment rights of a woman who resisted their efforts to have access to her minor daughter suspected of being the victim of physical abuse, the U.S. Court of Appeals for the Eighth Circuit read more

Eighth Circuit Court of Appeals affirms dismissal of former City of Cedar Falls employee’s claims against the city

by Nathan Wegmann | 6.20

Michelle Brandt, a long-time Cedar Falls city employee, brought claims against the city and several employees stemming from her time working for the city as well as her termination in 2018. Brandt brought claims for interference with and retaliation for her exercise of Family and Medical Leave Act (FMLA) rights, and claims …

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Pipeline statute giving surveyors access to private property is constitutional, Iowa Supreme Court holds

Iowa’s statute governing hazardous underground pipelines that allows pipeline developers to enter private property to conduct surveys against a landowner’s will is not an unconstitutional taking, the Iowa Supreme Court held in a Nov. 22 decision.

Divided Iowa Supreme Court upholds state law governing restoration of firearms rights

In its first decision addressing a 2022 constitutional amendment that for the first time recognizes a “fundamental” right to bear arms in the Iowa Constitution, a divided Iowa Supreme Court affirmed the Pottawattamie District Court’s ruling denying an Iowa man’s bid to have his firearms rights restored after those rights had been revoked.

Iowa Supreme Court to hear arguments in one case in Marshalltown Nov. 19

The Iowa Supreme Court will hear oral arguments Nov. 19 in an evening session in Marshalltown in a case that involves the legality of a home search under the Iowa Constitution.

The Nov. 19 argument in Marshalltown is one in a series of court sessions held outside of the Judicial Branch Building in Des Moines to give Iowa …

Malpractice case resulting in $97 million verdict sent back for a new trial by Iowa Supreme Court

A manufacturer’s written package insert regarding the use of an obstetrical vacuum used to deliver a baby born with brain damage contained hearsay that should not have been allowed into evidence in a medical malpractice trial that resulted in a $97 million jury verdict, the Iowa Supreme Court held in a unanimous ruling issued Nov. 8.

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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.

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