In an opinion filed May 5, 2023 in Burnett v. Smith and State of Iowa the Iowa Supreme Court overruled its 2017 opinion in Godfrey v. State, which recognized a private right of action for damages against State officials f …
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In a Wapello County case, Iowa Supreme Court parses settlement agreement language on ‘derelict’ vehicles
When Wapello County set out to remove what it considered “derelict” vehicles from a residential property, the owners sued. The suit was dropped after the owners and the County reached a settlement in which the owners agreed to do the removal themselves to the County’s “satisfaction.”
The word “satisfaction” …
With Wagner, the Iowa Supreme Court continues building an “Iowa Courts” jurisprudence
Few law school courses inspire more fear and frustration from students than Federal Courts. A standard elective at most law schools, the course’s prosaic name belies a devilishly complex body of law regarding who can sue whom in federal court, and for what. One Federal Courts professor asked rhetorically in a 2001
Iowa Supreme Court: Tort Claims Act governs excessive-force claims under the state Constitution
A plaintiff with a claim under the Iowa Constitution for damages against the State or its employee must follow the procedures prescribed by the Iowa Tort Claims Act, including the Act’s exclusion of punitive damages, the Iowa Supreme Court said in a ruling handed down Dec. 31.
The decision in read more
Local civil rights ordinances not enforceable in state court, Iowa Supreme Court rules
Municipal ordinances created to protect residents’ civil rights are not enforceable in state court, the Iowa Supreme Court ruled June 30.
The Iowa Civil Rights Act authorizes the state Civil Rights Commission to issue “right to sue” letters to complainants, who are then able to file a civil suit in state district c …
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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District Court’s ruling denying an Iowa man’s bid to have his firearms rights restored after those rights had been revoked.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.
Iowa Court of Appeals October 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. In October, the Court of Appeals selected four opinions for publication. Following are summaries of those opinions.
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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.