Michelle Brandt, a long-time Cedar Falls city employee, brought claims against the city and several employees stemming from her time working for the city as well as her termination in 2018. Brandt brought claims for interference with and retaliation for her exercise of Family and Medical Leave Act (FMLA) rights, and claims of age discrimination,
Latest from On Brief: Iowa's Appellate Blog
Iowa Supreme Court’s splintered abortion ruling: Four opinions covering 182 pages
The Iowa Supreme Court’s June 17 ruling overturning its 2018 decision that recognized a fundamental right to abortion under the Iowa Constitution did more than overturn that four-year-old precedent.
The Court, in four separate opinions spread over 182 pages, decided questions including whether a woman’s right to choose to have an abortion should be considered
Was a real estate agent liable when a prospective buyer fell on an icy driveway? The Iowa Supreme Court says no
The Iowa Supreme Court held that a seller’s real estate agent was not liable for a potential buyer’s injuries suffered when visiting a home listed for sale in a decision handed down June 10.
Amanda DeSousa was getting out of a vehicle on the driveway of a home her real estate agent was showing her
Iowa Supreme Court declines to extend juvenile sentencing protections to young adults in two cases
James Dorsey broke into a home before shooting and killing an unarmed woman just five days after he turned eighteen in 1984. Dorsey was convicted of first-degree murder and he received the mandatory sentence for first-degree murder – life in prison without the possibility of parole. The case before the Iowa Supreme Court was Dorsey’s
911 dispatcher with PTSD is eligible for workers’ compensation benefits, Iowa Supreme Court holds
An emergency dispatcher traumatized by a distraught mother screaming for two minutes “Help me, my baby is dead” is eligible for workers’ compensation benefits even though the job comes with distressing calls, the Iowa Supreme Court ruled June 3.
Mandy Tripp was a 16-year veteran Scott County dispatcher when she took the 911 call from
Corporate Shareholders Suing Directors Face Heightened Pleading Requirement, Iowa Supreme Court Holds
In 2019, the publicly traded stock of EMC Insurance Group, Inc. (“EMCI”) was acquired in a “going private transaction.” Certain shareholders sued members of EMCI’s board of directors for breaching fiduciary duties owed to public shareholders. Those individual directors moved to dismiss the plaintiffs’ claims, and the district court denied the motion to dismiss. On
Iowa Supreme Court will mark Justice Appel’s retirement at June 2 ceremony
Iowa Supreme Court Justice Brent Appel will retire from the Court effective June 13 after serving on the Court for 16 years. Appel, who turns 72 this year, reached the mandatory retirement age prescribed by Iowa Code Chapter 602.
The Court will hold a retirement ceremony for Justice Appel at 3 p.m. Thursday, June 2,
Iowa Supreme Court applies ‘plain feel’ exception to uphold Fourth Amendment warrantless search
Appellate courts have over the past half century given police officers more latitude to make warrantless searches during traffic stops using two of the five senses – sight and touch – to assess whether a suspicious item discovered in a pat-down search is evidence of a crime.
The sense of touch was at issue in
Des Moines police officers denied immunity for holding crime witnesses, Eighth Circuit rules
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 part by critics of granting qualified immunity to police officers accused of using excessive force
Eighth Circuit Vacates Injunction Against Iowa’s Mask Mandate Ban On Mootness Grounds
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 Court of Appeals overturned its prior ruling from January, which affirmed the injunction in part.