Iowa’s fetal heartbeat law, House File 732, which was signed into law by Governor Kim Reynolds in 2023, will go into effect on Monday, July 29. The law has been temporarily enjoined from enforcement since last July, however a...more
Iowa law clearly states that “parents with joint legal custody” means both parents jointly have legal custodial rights and responsibilities toward their child and neither parent has legal custodial rights superior to those of...more
The Iowa Supreme Court filed its opinion in Tracy White v. State of Iowa and Iowa Department of Human Services on April 12, 2024. This case related to the issues of hostile work environments as raised under the Iowa Civil...more
Jurisdiction: Court of Appeals of Iowa - We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s....more
The debate about shoulders and industrial disability has come to an end for now with the Iowa Supreme Court’s most recent decision, Bridgestone Americas, Inc. v. Anderson. The Court held that a work injury causing injuries to...more
Earlier this month, Governor Reynolds called Iowa legislators back for a “special session” after the Iowa Supreme Court upheld a permanent injunction blocking the “fetal heartbeat” law approved during the 2018 General...more
The Supreme Court of Iowa (“SCT”) addressed in a May 5th Opinion an issue involving valuation of certain wind plants for property tax purposes. See Story County Wind, LLC v. Story County Board of Review, 2023 WL 3260921. ...more
Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more
In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the...more
Court of Appeals of Iowa, August 31, 2022 - Plaintiffs Mary and Paul Fankhauser filed a lawsuit against multiple defendants, including Honeywell International Inc. and Pneumo Abex LLC, alleging that Paul’s mesothelioma...more
The Iowa Supreme Court’s recent decision in the case Tripp v. Scott Emergency Commc’n Ctr. lowers the burden required to receive workers’ compensation for many injured workers in Iowa who suffer purely mental injuries while...more
Cannabis: In Focus - • Candy Companies Defend Their Trademarks, Consider THC Copycat Products a Health Hazard • Iowa Supreme Court Upholds Possession Conviction, Even With Out-of-State Registry Card... ...more
The Iowa Supreme Court upheld a jury verdict in favor of a transgender employee assigned a female sex at birth who claimed gender identity discrimination for denying him use of the men’s restrooms and locker rooms. The Court...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
The fair value and fair market value appraisal standards applicable in contested buyout and dissenting shareholder valuations cut across state lines, which is one of the main reasons I occasionally highlight significant court...more
Following the 2017 amendments to the Iowa Workers’ Compensation Act, the Iowa Supreme Court has ruled on its first shoulder cases. The amendment to add Iowa Code section 85.34(2)(n) made shoulder injuries part of the...more
The Iowa Supreme Court has done it again. By a narrowly divided vote, it has snuffed out on procedural grounds litigation challenging the agricultural nutrient pollution of the Raccoon River. Originally published on the...more
Earlier this year, litigants tested the limits of liability waivers under Iowa law. In a 6-1 decision, the Iowa Supreme Court joined the bulk of other jurisdictions and held a contractual liability waiver was not enforceable...more
Physicians often have a legal obligation to report conduct which they believe may constitute negligence, or demonstrate an individual’s inability to practice medicine competently, safely, or within the bounds of the relevant...more
Since it was passed in 1998, Iowa’s Drug-Free Workplaces Act has been one of the most comprehensive and complex drug-testing statutes in the United States. On June 25, 2021, the Iowa Supreme Court issued a pair of decisions -...more
The Iowa Supreme Court’s recent decision in Rumsey v. Woodgrain Millwork, Inc., et. al provides needed clarity in what the court described as the “murky” intersection between workers’ compensation and disability...more
The Iowa Supreme Court has ruled that Iowa state law preempts the City of Waterloo’s restriction on employers’ use of applicants’ criminal record history when making hiring decisions. Other aspects of the ordinance, however,...more
The Supreme Court of Iowa recently reversed the judgment of a district court and remanded the matter with instructions to enter summary judgment in favor of Hamilton County Public Hospital, operating as Van Diest Medical...more
In two opinions filed on June 25, 2021, the Iowa Supreme Court clarified the state’s complex employee drug-testing requirements. The opinions shed light on key issues, such as safety-sensitive designations, notice...more
In the fall of 2019, the Waterloo, Iowa City Council approved the state’s first “Ban the Box” ordinance. Generally speaking, that ordinance made it illegal for any employer to ask about an applicant’s criminal history on a...more