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Articles & Insights – Appellate Law

Iowa’s Version of the Sham Affidavit Rule—The “Contradictory Affidavit Rule”

Iowa’s Version of the Sham Affidavit Rule—The “Contradictory Affidavit Rule”

By Nancy J. Penner
Posted December 28, 2016

In Estate of Gray v. Baldi, 880 N.W.2d 451 (Iowa 2016), the Iowa Supreme Court addressed evidence offered in resistance to a summary judgment motion that was contradictory to other evidence. In [...]

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As Promised: An Amendment to Rule 1.904(2)

As Promised: An Amendment to Rule 1.904(2)

By Nancy J. Penner
Posted November 30, 2016

In a February 2016 decision, the Iowa Supreme Court indicated that it had “initiated an effort to explore [the] possible amendment” of Rule 1.904. See Hedlund v. State, 875 N.W.2d 720 (Iowa 2016).

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Alcala v. Marriott International, Inc.: The Iowa Supreme Court on Negligent Training, Conflicting Standard of Care Experts, and the Proper Role of the Jury

Alcala v. Marriott International, Inc.: The Iowa Supreme Court on Negligent Training, Conflicting Standard of Care Experts, and the Proper Role of the Jury

By Nancy J. Penner
Posted October 11, 2016

In addition to clarifying that most jury instructions are reviewed for corrections of error at law, the Iowa Supreme Court in Alcala v. Marriott International, Inc., et. al. addressed two issues [...]

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Iowa Supreme Court Clarifies Standard of Review for Jury Instructions

Iowa Supreme Court Clarifies Standard of Review for Jury Instructions

By Nancy J. Penner
Posted August 24, 2016

In Alcala v. Marriott International, Inc., 880 N.W.2d 699 (Iowa 2016), the Iowa Supreme Court held that the standard of review for the refusal to give a requested jury instruction is for [...]

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A Violation of a Municipal Safety Ordinance May Constitute Negligence Per Se

A Violation of a Municipal Safety Ordinance May Constitute Negligence Per Se

By Sarah Thielen
Posted July 29, 2016

Last year we reported on an Iowa Court of Appeals decision that has now been vacated by the Iowa Supreme Court. In 2015 the Iowa Court of Appeals decided Winger v. CM Holdings, L.L.C., [...]

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Rule 1.904(2)—Amendment in Sight? Stay Tuned.

Rule 1.904(2)—Amendment in Sight? Stay Tuned.

By Nancy J. Penner
Posted February 29, 2016

By: Nancy Penner In a February 26, 2016 decision, the Iowa Supreme Court ended with the following “important” point: [T]his court is aware that rule 1.904(2) has been subject to [...]

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In Iowa, A Marriage Isn’t Over Until The Property’s Divided

In Iowa, A Marriage Isn’t Over Until The Property’s Divided

By Kerry A. Finley
Posted January 15, 2016

Until recently, courts within Iowa’s various judicial districts had different philosophies and practices regarding whether or when a spouse could obtain a decree terminating the parties’ marriage [...]

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The Iowa Supreme Court Weighs In on Jurors, Facebook Friends, and When Clicking “Like” is Ill-Advised

The Iowa Supreme Court Weighs In on Jurors, Facebook Friends, and When Clicking “Like” is Ill-Advised

By Nancy J. Penner
Posted November 30, 2015

In State v. Webster, 865 N.W.2d 223 (Iowa 2015), the Court addressed a number of jury issues including a juror’s activity on Facebook during trial. After an extensive discussion of many issues in [...]

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Iowa Supreme Court Holds that Immunity Against Liability in Connection to Child Abuse Reporting is Broad

Iowa Supreme Court Holds that Immunity Against Liability in Connection to Child Abuse Reporting is Broad

By Vince S. Geis
Posted July 28, 2015

By: Vince Geis* *Vince was a summer associate at Shuttleworth in 2015 and a student at the University of Iowa College of Law. In Nelson v. Lindaman, No. 13–0719, [...]

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When Failure to Comply with a Municipal Housing Code Provision is the Cause of Damages

When Failure to Comply with a Municipal Housing Code Provision is the Cause of Damages

By Jared S. Adam
Posted June 29, 2015

In Winger v. CM Holdings, L.L.C., 2015 WL 2393447 (Iowa Ct. App.), the Iowa Court of Appeals addressed the question of whether a violation of a city housing code provision is negligence [...]

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Iowa Department of Human Services (DHS) v. Community Care, Inc. (CCI), 861 N.W.2d 868 (Iowa 2015)

Iowa Department of Human Services (DHS) v. Community Care, Inc. (CCI), 861 N.W.2d 868 (Iowa 2015)

By Kerry A. Finley
Posted June 1, 2015

From 2004 through 2011, DeWitt Bank & Trust loaned millions of dollars to Community Care, Inc. (CCI), a non-profit Iowa corporation providing residential health care services to eastern [...]

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Five Key Discovery Amendments to the Iowa Rules of Civil Procedure

Five Key Discovery Amendments to the Iowa Rules of Civil Procedure

By Desirée A. Kilburg
Posted April 1, 2015

Recent amendments to the Iowa Civil Rules of Civil Procedure align discovery and pretrial procedures more closely with the Federal Rules of Civil Procedure and attempt to prevent abuses of the [...]

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