A couple of teenage boys are out for some dirt-bike and ATV riding at rural retreat when one of the boys is fatally injured in a tragic shooting accident. The farmhouse on the retreat where the shooting occurred is insured by a homeowners’ policy and by a separate commercial general liability …
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The Iowa Supreme Court grapples with alleged jury confusion with instructions in a comparative fault case, but declines to order a new trial
Jurors in a Pottawattamie County medical malpractice trial submitted a question to the court during jury deliberations about the meaning of instructions given to them by the trial judge for apportioning fault to a settled party, but the judge did not commit a prejudicial error by failing to cla …
Iowa Supreme Court, citing the Iowa Constitution, limits warrantless searches of containers in impounded vehicles
The Iowa Supreme Court added another category of police searches where it invoked the Iowa Constitution to extend broader protection than the U.S. Supreme Court has granted under the Fourth Amendment to the U.S. Constitution.
For drivers whose vehicles ar …
Divided Iowa Supreme Court keeps county attorney on the job, despite sexual harassment complaints
Van Buren County Attorney Abraham Watkins was removed from office by a District Court judge who ruled that Watkins “engaged in misconduct or maladministration by regularly committing sexual harassment” of female employees.
The court record reciting Watk …
Iowa Supreme Court splits, again, on a juvenile sentencing case
Iowa’s mandatory sex-offender registry for juveniles who commit a sex offense by force is the equivalent of criminal punishment, a divided Iowa Supreme Court ruled June 15, but it’s not unconstitutional cruel and unusual punishment.
Thus, the Court co …
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Closely divided Iowa Supreme Court finds challenges to abortion restrictions under Iowa constitution subject to rational-basis review, reverses injunction against “fetal heartbeat” law
In a 4-3 decision, the Iowa Supreme Court held that rational basis review is the applicable standard in addressing challenges to abortion restrictions under the Iowa constitution.
April 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in nine cases during April 2024. Opinions from April not covered elsewhere on the blog are summarized below.
Iowa Supreme Court reverses prior decisions on liability for failure to maintain city sidewalks and swimming pools
The Iowa Supreme Court in two separate decisions handed down June 14 overturned two of its previous rulings on the question of liability for injuries that occur on city sidewalks and at municipal swimming pools. Both rulings were divided, with two justices citing the principle of stare decisis to say the prior rulings shoul …
Iowa Court of Appeals outlines analysis for parental rights’ termination and reunification extension
Minor child B.W. was exposed to drug use from the day he was born, testing positive for cocaine and initiating intervention by the Iowa District Court for Polk County. In an effort to foster harmony and a healthy living environment for the child, Iowa Department of Health and Human Services attempted to assist the family …
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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.