A former public employee may bring a claim of being wrongfully fired for performing the assigned duty of releasing government records to the public under the Iowa Open Records Act, the Iowa Supreme Court held in a decision handed down June 2 …
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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 employerâs landlord for exposure to toxic chemicals at work did not present sufficient evidence to create a material dispute of fact concerning whether th …
Former employeeâs common law negligence claims were preempted by the Iowa Workersâ Compensation Act, the Iowa Supreme Court rules
In 2017, Jena McCoy was hired as a sales representative for Thomas L Cardella & Associatesâ call center in Ottumwa, Iowa. She alleged that within her first few weeks on the job, her supervisor, John Thompson, âbegan sitting next to her in her cubicle, touching her inappropriately and making sexually charged comments …
Iowa Supreme Court deadlocks on constitutional âtakingsâ question in Madison County power line case
Six justices of the Iowa Supreme Court were deadlocked on a constitutional âtakingsâ 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 residentâs property.
MidAmerican applied for a franchise from the Iowa Util …
An evenly divided Supreme Court affirms âfetal heartbeat lawâ 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 âfetal heartbeat law,â 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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Iowa Supreme Court partially affirms trial court in mixed Cedar Rapids public records decision
Cedar Rapids resident Robert Teig asked Cedar Rapids city officials for records related to the hiring of a new city clerk and city attorney. When they mostly denied Teigâs requests, he filed suit naming six Cedar Rapids officials as defendants, which the Linn County District Court dismissed on summary judgment.
Teig ma …
Iowa Supreme Court sends âstand your groundâ case back for new trial
Lasondra Johnson was tried for first-degree murder for the shooting death of Jada Young-Mills outside a Waterloo residence. Johnson argued she acted in self defense and the shooting was justified under Iowaâs âstand your groundâ law that says a person is justified in the use of reasonable force in the belief that such …
State statute requiring a signature under oath means what it says, Iowa Supreme Court holds
The Iowa Code requires that a plaintiff who brings medical malpractice claims in state court serve the defendant with an affidavit signed by an expert witness regarding the merits of the claim that the medical provider was negligent. The statute requires that the affidavit be signed under oath obligating the witness to be t …
Two assistant attorneys general subpoenaed, but only one must testify, Iowa Supreme Court holds
Two assistant Iowa attorneys general subpoenaed to testify by deposition in an employment suit against the State appealed to the Iowa Supreme Court after the trial court denied their motion to quash the subpoenas. The Supreme Court held that while one of the attorneys is shielded from testifying, the other is not.
Depart …
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On Brief: Iowaâs 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.