Owners of farmland in Story County seeking to block the Iowa Department of Transportation’s condemnation of part of their property for a highway project succeeded in getting their appeal before the Iowa Supreme Court even after missing one filing deadline, but they lost their bid to revive their case in district court because they missed
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Pipeline statute giving surveyors access to private property is constitutional, Iowa Supreme Court holds
By Rox Laird
Iowa’s statute governing hazardous underground pipelines that allows pipeline developers to enter private property to conduct surveys against a landowner’s will is not an unconstitutional taking, the Iowa Supreme Court held in a Nov. 22 decision.
Kent Kasischke refused to allow Summit Carbon Solutions to enter his property to survey for a proposed underground pipeline…
Divided Iowa Supreme Court upholds state law governing restoration of firearms rights
By Rox Laird
In its first decision addressing a 2022 constitutional amendment that for the first time recognizes a “fundamental” right to bear arms in the Iowa Constitution, a divided Iowa Supreme Court affirmed the Pottawattamie District Court’s ruling denying an Iowa man’s bid to have his firearms rights restored after those rights had been revoked.
The appellant,…
Iowa Supreme Court to hear arguments in one case in Marshalltown Nov. 19
By Rox Laird
The Iowa Supreme Court will hear oral arguments Nov. 19 in an evening session in Marshalltown in a case that involves the legality of a home search under the Iowa Constitution.
The Nov. 19 argument in Marshalltown is one in a series of court sessions held outside of the Judicial Branch Building in Des Moines…
Malpractice case resulting in $97 million verdict sent back for a new trial by Iowa Supreme Court
By Rox Laird
A manufacturer’s written package insert regarding the use of an obstetrical vacuum used to deliver a baby born with brain damage contained hearsay that should not have been allowed into evidence in a medical malpractice trial that resulted in a $97 million jury verdict, the Iowa Supreme Court held in a unanimous ruling issued Nov.…
Iowa Court of Appeals October 2024 Published Opinion Roundup
By Rox Laird
The Iowa Court of Appeals selects certain opinions for publication in the Northwestern Reporter. In October, the Court of Appeals selected four opinions for publication. Following are summaries of those opinions.
Trueblood v. MMIC Insurance, No. 23-0361
Opinion date: Sept. 18, 2024
On appeal from the Iowa District Court for Polk County
Issue:…
October 2024 Opinion Roundup
By Matt McGuire
The Iowa Supreme Court entered opinions in eight cases in October 2024. Rox Laird’s analysis of State of Iowa v. William Noble Chaiden Miller and Katherine Avenarius and Paul Avenarius v. State of Iowa is available at the preceding links. The remaining opinions from October are summarized below:
Iowa Supreme Court Attorney Disciplinary Board…
Iowa Supreme Court to hear arguments in eight cases Nov. 13-14
By Rox Laird
The Iowa Supreme Court will hear arguments in eight cases Nov. 13 and Nov. 14. Five other cases will be submitted to the Court without oral argument. Following are brief summaries of the November cases. Go to On Brief’s “Cases in the Pipeline” page to read briefs filed in these cases. [Note: Once…
Iowa Supreme Court deadlocks on specifics required for liability waivers
By Rox Laird
When Dubuque police officer Katherine Avenarius accidentally shot herself in the leg while attending an Iowa Law Enforcement Academy firearms instructor school, she sued the academy claiming her injury was the result of an instructor’s advice on how to handle her firearm that contradicted how she had previously been trained. The State, which operates the…
Iowa Supreme Court upholds minimum prison term for juvenile convicted of murder
By Rox Laird
The Iowa Supreme Court upheld a 35-year minimum prison sentence for a Fairfield juvenile who pleaded guilty to first degree murder for the death of his high school Spanish teacher. In its unanimous decision, the Court rejected the defendant’s argument that, under the Iowa Constitution, the State must present expert testimony showing a minimum sentence…