UPDATES & ANALYSIS
Plaintiff seeking confidential government documents in public-records suit must first show they may be released to the public, Iowa Supreme Court holds
A plaintiff may not have access to confidential government records through discovery in a suit brought under the Iowa Public Records Act unless the trial court first rules the records are subject to public disclosure, the Iowa Supreme Court held in a decision handed down Dec. 16.
Michelle Vaccaro sued Polk County and Pol …
Iowa Supreme Court: All voters count where referendum petitions are concerned
On Election Day, voters may skip some races on the ballot while voting in others. “Undervoting” ordinarily is not an issue, but it presents one for purposes of Iowa’s statute that calculates the number of signatures needed on a petition calling for a public referendum based on the “number of voters.”
The meanin …
Iowa Supreme Court to hear arguments in seven cases Dec. 14 and 15
The Iowa Supreme Court is scheduled to hear oral arguments in seven cases Dec. 14 and 15. Five other cases will be submitted to the court this week without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs in these cases.
Following are summa …
Appeal filed in federal constitutional challenge to Iowa gender-balance law for State Judicial Nominating Commission
Two Iowans who are seeking to enjoin enforcement of an Iowa statute requiring gender balance on the State Judicial Nominating Commission are taking their challenge to the U.S. Court of Appeals for the Eighth Circuit.
Rachel Raak Law of Correctionville and Micah Broekemeier of Iowa City read more
Iowa Supreme Court reaffirms its precedent on reciting rights to drunk driving suspects
How far must a police officer go to assure that a suspected drunk driver understands the legal consequences of agreeing or refusing to take a breath test when the suspect does not speak English?
That is the question posed in an appeal to the Iowa Supreme Court by Fethe Feshay Baraki, who claims he did not knowingly conse …
FEATURED POSTS
Former state employee may pursue claim she was fired for complying with Iowa Open Records Act, Iowa Supreme Court holds
A former public employee may bring a claim of being wrongfully fired for performing the assigned duty of releasing government records to the public under the Iowa Open Records Act, the Iowa Supreme Court held in a decision handed down June 2 …
Iowa Supreme Court splits over causation requirement for a toxic tort claim
In an opinion filed June 23, 2023, the Iowa Supreme Court held a plaintiff suing her employer’s landlord for exposure to toxic chemicals at work did not present sufficient evidence to create a material dispute of fact concerning whether th …
Former employee’s common law negligence claims were preempted by the Iowa Workers’ Compensation Act, the Iowa Supreme Court rules
In 2017, Jena McCoy was hired as a sales representative for Thomas L Cardella & Associates’ call center in Ottumwa, Iowa. She alleged that within her first few weeks on the job, her supervisor, John Thompson, “began sitting next to her in her cubicle, touching her inappropriately and making sexually charged comments …
Iowa Supreme Court deadlocks on constitutional ‘takings’ question in Madison County power line case
Six justices of the Iowa Supreme Court were deadlocked on a constitutional “takings” question in a case involving a plan by MidAmerican Energy to construct a power transmission line along a highway right-of-way that crosses a Madison County resident’s property.
MidAmerican applied for a franchise from the Iowa Util …
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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.