News & Analysis as of

IA Supreme Court

Spousal Jealousy Can Lead to a Viable Claim of Unlawful Gender Discrimination

Recent cases in New York and Pennsylvania demonstrate that, at least in some jurisdictions and under some circumstances, a plaintiff can state a valid claim for unlawful gender discrimination based on a spouse’s jealousy....more

Debt Dialogue: August 2017 - When Is a Loan Participation a Sale, When Is It a Loan and Why Does It Matter?

If a participation agreement is not characterized as a true sale of a participating interest or a true participation but rather as a loan from the participating lender to the originating lender, the participating lender will...more

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

SCOTUS Hearing Arbitration Case Wednesday; Spotlight On State Cases

While the Supreme Court has put off hearing a more contentious arbitration case until the fall (presumably in hopes that it will have nine justices by then), tomorrow it will hear the nursing home arbitration case from...more

Iowa’s Highest Court Enters First Decision on Certain Landlord-Tenant Issues Raised in 2013 Staley Case: Landlords Must Take Note...

by Davis Brown Law Firm on

As most landlords are aware, in 2013, the Iowa Court of Appeals entered a decision in the Staley v Barkalow case, which involved a group of tenants who sued their landlord over the content of their lease agreements....more

Iowa Supreme Court: So-Called “Shuttle Diplomacy” May Violate Open Meeting Law

by Dorsey & Whitney LLP on

This is the first part in a three part series exploring important changes to Iowa’s open meeting law. Iowa’s open meeting law seeks to ensure that the basis and reasoning for governmental decisions are easily accessible...more

Hutchison v. Shull: Expanding Iowa’s Open Meeting Law (Part 1)

by Dorsey & Whitney LLP on

Warren County is governed by a three-member Board of Supervisors. The supervisors asked the Warren County Administrator to assist the Board in their stated goal of improving the efficiency of the county government. To that...more

Non-Sufficient Funds – Court Holds Bank Payments of Overdraft Amounts Are Not Extensions of Credit

by Dorsey & Whitney LLP on

The Supreme Court of Iowa recently held that non-sufficient funds fees (“NSF fees”) charged by a state-chartered Iowa bank are not subject to the usury provisions of the Iowa Consumer Credit Code (“ICCC”) because the...more

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