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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Iowa Supreme Court to hear arguments in seven cases March 20, 21
The Iowa Supreme Court will hear arguments in seven cases March 20 and 21. Six other cases will be submitted to the Court without oral argument. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. Following are brief summaries of the cases to be argued
January 2024 Opinion Roundup
The Iowa Supreme Court entered opinions in six cases during January 2024. You can read Rox Laird’s analysis of In re Detention of Schuman and Chicoine v. Wellmark, Inc., in separate posts. The remaining opinions from January are summarized below.
Iowa Constitution can protect legislators from subpoenas, Iowa Supreme Court holds
Iowa legislators are shielded by the Iowa Constitution from being forced to produce communications with third parties in a civil proceeding related to the passage of legislation, the Iowa Supreme Court held for the first time in a decision h …
Iowa Court of Appeals February 2024 Published Opinion Roundup
The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. On February 9, 2024, the Court of Appeals selected three opinions for publication, summarized below…
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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.