UPDATES & ANALYSIS
Right to a jury does not apply to Consumer Fraud Act claims brought by the Attorney General, Iowa Supreme Court rules
Because Iowa’s Consumer Fraud Act is enforced through civil proceedings aimed at making victims whole and preventing future fraudulent actions rather than punishment, defendants accused of violating the Act are not entitled to a trial by jury, the Iowa Supreme Court held in a decision handed down May 26.
The State brou …
Municipal water utility not protected from strict liability for main breaks, Iowa Supreme Court rules
With sex-affirming surgery case declared moot by Iowa Supreme Court, resolution of constitutional questions awaits a future case
Iowa Supreme Court holds Black defendant not harmed by juror strike, but three justices object to a race-related reference in juror questioning
Iowa Supreme Court unanimously overturns 2017 Godfrey precedent establishing direct damages claims under Iowa Constitution
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 …
FEATURED POSTS
U.S. Supreme Court on California’s Proposition 12: Banning imports of pork from ‘cruel’ treatment not unconstitutional – at least for now
Most every state was affected one way or another by decisions handed down by the U.S. Supreme Court in its recently ended term. A decision upholding California’s restriction on the sale of certain pork products in the state of California, however, may have an outsize impact on Iowa, which is the No. 1 pork producer and ex …
Iowa Supreme Court rules that Iowa Utilities Board must consider alternatives to a public utility’s plan for managing emissions
In an opinion filed on April 28, 2023, the Iowa Supreme Court in Environmental Law and Policy Center v. Iowa Utilities Board ruled under Iowa Code section 476.6 the Iowa Utilities Board erred in not considering certain intervenors’ evidence when approving MidAmerican Energy’s required biennial plan and budget f …
Work of Iowa Supreme Court continues during summer break between terms
Since the Iowa Supreme Court ended its 2022-23 term June 30 with release of all remaining decisions, the justices have been spending the summer months on court administration matters that could affect the practice of law and operation of Iowa courts for years to come.
Among the items on the Court’s administrative term …
Iowa Supreme Court seeks public comment on proposed rules governing remote court proceedings
During the height of the Covid-19 pandemic, the Iowa Supreme Court created temporary rules for conducting remote trial and appellate proceedings when in-person hearings and trials were not considered safe.
Although Covid concerns have receded, Iowa judges, lawyers, and court administrators have recognized the need to con …
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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.