Federal courts recently have begun to reexamine the common law doctrine of “qualified immunity” that protects public officials from individual liability where there is no clearly established constitutional or statutory right at stake.
This reconsideration has been prompted in large
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Eighth Circuit Vacates Injunction Against Iowa’s Mask Mandate Ban On Mootness Grounds
By Matt McGuire
On Monday, May 16, a panel of judges from the United States Court of Appeals for the Eighth Circuit vacated an Iowa federal district judge’s injunction barring enforcement of Iowa’s ban of mask mandates in schools. In doing so, the…
Railroad’s share of drainage district repairs based on benefit, not cost, Iowa Supreme Court rules
By Rox Laird
A railroad whose tracks cross an agricultural drainage district should be assessed its share of the cost of repairing deteriorated drainage tile based on the railroad’s benefit from the repairs, not the added cost of complying with federal railroad regulations,…
Lay Landowner Cannot Testify About Specific Comparable Sales to Support the Valuation of His Land Without Expert Testimony, Iowa Supreme Court Rules
By Spencer Cady
Iowa has long recognized what is know as “the property owner rule,” which permits a landowner to testify as a non-expert in condemnation cases about the landowner’s opinion of the value of its own property. Iowa has also long recognized…
Miranda-Type Warning Not Required For Pat-Down Searches, Iowa Supreme Court Rules
In an opinion issued on Friday, April 22, the Iowa Supreme Court held in State v. Hauge that a law enforcement officer was justified in requesting that a front-seat passenger exit a two-door vehicle in order to arrest a backseat…
Iowa Supreme Court and Eighth Circuit Uphold Denials Of Insurance Coverage Arising From COVID-19 Business Closures
By Matt McGuire
In separate opinions, each issued on Friday, April 22, the Iowa Supreme Court and the United States Court of Appeals for the Eighth Circuit held that businesses that closed in spring 2020 to comply with COVID-19 emergency regulations could not…
Iowa Supreme Court to hear oral argument in one case April 20
By Rox Laird
The Iowa Supreme Court on April 20 will hear its final scheduled oral argument for the 2021-22 term, which ends in June.
One case, Hoffman v. Clark, will be argued at 9 a.m. Wednesday. Two other cases will be submitted…
In Emergency Opinion, Iowa Supreme Court Rejects Challenge to Abby Finkenauer’s U.S. Senate Nominating Petition
By Matt McGuire
Former Congresswoman Abby Finkenauer is seeking the Democratic nomination for U.S. Senate from Iowa for the 2022 general election. She submitted her nominating petition with the Iowa Secretary of State on March 10, 2022. Two private citizens filed objections to…
Iowa Supreme Court affirms transgender discrimination claims against Iowa Department of Corrections and affirms summary judgment ruling in favor of Wellmark
By Rox Laird
Nearly 40 years ago the Iowa Supreme Court held that “sex” does not mean the same as “gender” in an employment discrimination claim brought by a transgender plaintiff. It was the first, and last, time the Court addressed that issue…
Iowa Supreme Court to hear arguments in eight cases March 23 and 24
By Rox Laird
The Iowa Supreme Court will hear oral arguments in eight cases March 23 and 24. Seven other cases will be submitted to the Court without oral argument.
Following are brief summaries of the March 23-24 appeals. Go to On Brief’s…