UPDATES & ANALYSIS
FEATURED POSTS
Slim Supreme Court majority allows public defender to withdraw from representing indigent defendant
Trial courts have a duty under the Sixth Amendment to the U.S. Constitution to assure that a criminal defendant who cannot afford to hire a lawyer is provided one at the State’s expense. To comply with that constitutional mandate, Iowa created the Office of State Public Defender (SPD) to employ attorneys to provide indigent defense or to contract with attorneys in private practice willing to take on those criminal cases.
Iowa Supreme Court: TikTok must face the State’s consumer fraud suit in Iowa court
Online video provider TikTok does business with millions of American users in all 50 states, including Iowans who have downloaded the company’s app hundreds of thousands of times and who agree to its terms of service. Still, the company argues, it should not have to defend itself against a lawsuit filed in state court by the Iowa Attorney General claiming the company misrepresents the nature of its content available to Iowa children.
Former Federal Home Loan Bank executive waited too long to file defamation suit, Iowa Supreme Court holds
A plaintiff suing former coworkers at the Federal Home Loan Bank of Des Moines for defamation waited too long to file suit in Polk County District Court because she failed to act on information she knew or should have known that could have formed the basis for a defamation claim before the statute of limitations expired, the Iowa Supreme Court held in a Jan. 9 decision.
Iowa Supreme Court: Iowa courts lack jurisdiction to hear suit against Indiana trucking company
Does a foreign corporation consent to the jurisdiction of Iowa’s courts when it registers with the Secretary of State to do business in this state, appoints an agent in Iowa for service of process, and is served with notice of a lawsuit through its Iowa…
EDITORIAL TEAM
ABOUT
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.
First, Justice Oxley noted the Court has “never affirmatively recognized a viable negligent supervision claim in favor of a plaintiff suing her own employer based on the wrongful conduct of a coemployee.” Some federal courts have recognized such a common law claim, but others found such claims to be preempted by the ICWA. The IWCA contains an exclusivity provision that preempts common law claims that overlap with claims under the IWCA. The exclusivity provision applies to intentional torts in the workplace and negligent supervision and retention by an employer. For the exclusivity provision to apply the employee’s injury must “arise out of and in the course of employment,” requiring a causal connection between the injury and employment.