UPDATES & ANALYSIS
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 …
Iowa Code section 20.32 does not extend broader bargaining rights to nontransit employees, Iowa Supreme Court rules
In an opinion filed February 24, 2023, the Iowa Supreme Court in City of Ames v. Iowa Public Employment Relations Board ruled Iowa Code section 20.32 does not extend broader bargaining rights to nontransit employees in a bargaining unit made up of 30 percent or more transit employees. Justice Waterman delivered the …
Iowa Supreme Court holds subpoenas served on a non-party should have been quashed for imposing an undue burden
In an opinion filed on February 10, 2023, the Iowa Supreme Court in In the Matter of the Subpoenas Issued to Dethmers Manufacturing Company held subpoenas relating to a Louisiana products liability suit but issued from an Iowa court to a nonparty in Iowa imposed an undue burden under the Iowa Civil Rules of Procedu …
FEATURED POSTS
Iowa Supreme Court: ‘Scurrilous’ notes taped to doors of residents displaying rainbow flags amounted to hate crime
When Robert Geddes entered onto the private property of five Boone residents without permission, he violated Iowa’s trespass statute. It became a more serious crime when he taped “Burn that gay flag” messages on the front doors of those residences, which were displaying rainbow flags. That elevated the charge to tresp …
Iowa Court of Appeals September 2023 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. In September 2023, the Court of Appeals selected six opinions for publication, summarized below.
Eighth Circuit Court of Appeals upends Voting Rights Act precedents on who has the right to challenge laws based on race or color
In the nearly six decades since the Voting Rights Act was enacted by Congress, federal judges have assumed private parties could bring suits in federal court to enforce the law that prohibits state or federal election policies that deny the right to vote based on race or color.
That assumption was upended in a Nov. 20 de …
Edited body camera video should not have been admitted in OWI trial, Iowa Supreme Court rules
An edited video from a police officer’s body camera leading jurors to conclude a drunk-driving suspect failed a preliminary breath test should not have been allowed into evidence, the Iowa Supreme Court said in a ruling handed down Nov. 17 …
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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.