Jerry L. Larson

In Horak Prairie Farm, L.P. v. City of Cedar Rapids, property owners challenged special assessments imposed by the city for paving, storm sewers, traffic signals, and turn lanes on an abutting roadway, claiming that RISE grant funds should have been applied to the total project costs rather than only the public portion and that the assessments exceeded the special benefits to their properties. The Iowa Supreme Court reviewed the RISE allocation issue for legal error and the assessments de novo. It held that Iowa Code chapter 315 permits RISE funds to cover only the public share of costs, as applying them to private assessments would contradict the program's purpose and the special-assessment statute's goal of making benefited landowners pay their fair share. The court affirmed the assessments for pavement, signals, and turn lanes as reasonable and proportionate to benefits but reversed on the grading and drainage work, which should have reflected a 50% public benefit, and remanded for a corresponding reduction.

propertyprocedure

Cemen Tech sued Three D Industries, its principals, and several former employees for breach of contract, misappropriation of trade secrets, unfair competition, and breach of fiduciary duty after the defendants, who had negotiated to purchase parts of CTI using confidentiality agreements, started a competing mobile concrete mixer business and exhibited a similar product. The district court granted summary judgment to the defendants on most of the claims. The Iowa Supreme Court affirmed summary judgment on the contract claims and on certain trade-secret and fiduciary-duty claims but reversed on the trade-secret claims against most defendants, the unfair-competition claim, and the fiduciary-duty claims against the former-employee defendants, holding that genuine issues of material fact existed as to whether the information qualified as trade secrets and whether confidentiality agreements created fiduciary relationships.

business & regulatoryproceduretorts & liability

The case involved Floyd Wright, who was convicted of statutory rape in 1977 but never required to register as a sex offender, challenging the application of Iowa Code section 692A.2A's residency restrictions that prohibit certain sex offenders from living within 2,000 feet of schools or child care facilities. Wright argued the statute applied only to registered offenders and, if applied to him, violated equal protection and substantive due process rights while constituting an invalid bill of attainder. The Iowa Supreme Court affirmed the district court's rejection of these claims, holding that the statute's definition of "person" unambiguously covers all individuals convicted of relevant offenses against minors, not merely those on the registry, and that the restrictions were not punitive or unconstitutional under precedents like State v. Seering. The court noted the legislature had deliberately broadened the original bill's language to apply beyond registered offenders and found no violation in the law's operation based on a prior conviction.

criminal lawcivil rights

This case involved a challenge by the state public defender to a district court order that awarded attorney fees to Scott Bandstra exceeding the $1500 limit set in his contract for representing an indigent client in an appeal from a postconviction-relief proceeding. The district court had granted the additional fees based on its plenary powers to do justice between the parties, despite the existence of the contract and the public defender's denial of the excess claim. The Iowa Supreme Court sustained the writ of certiorari, holding that the district court exceeded its authority because the contract terms were binding and the attorney had not followed the required administrative procedures under Iowa Code chapters 13B and 815 and related administrative rules to seek an increase for an unusually complex case. Those rules required initial approval from the public defender rather than direct court authorization, and the separate procedure for exceeding fee limits did not apply to appellate contracts. The court therefore concluded the public defender was not obligated to pay the excess amount.

criminal lawprocedure

Thomas Millam was convicted of two counts of second-degree sexual abuse and later sought postconviction relief claiming ineffective assistance of counsel. The district court granted relief, the court of appeals reversed, and the Iowa Supreme Court vacated the appellate decision, affirmed the district court, and remanded for a new trial. The court held that counsel failed to perform an essential duty by not offering evidence of the victim's prior false claims of sexual abuse, which was not clearly excluded by the rape-shield law, and that this omission prejudiced the defense by undermining confidence in the outcome given the central role of the victim's credibility.

criminal lawprocedure

This case involved the Ames Community School District board terminating the coaching contract of Dennis Cullinan based on repeated complaints from students and parents about his threatening and intimidating conduct, use of profanity, and creation of a negative environment for athletes, despite prior warnings and a probationary extension. An adjudicator reversed the termination under Iowa Code sections 279.15-.19A, the district court affirmed that reversal, and a divided court of appeals also affirmed. On further review, the Iowa Supreme Court vacated the court of appeals decision, reversed the district court, and remanded for an order upholding the board's termination. The court held that the superintendent had established just cause for termination by a preponderance of the competent evidence in the record, including ongoing behavioral issues from 1998 onward that affected student well-being and were not related to playing time or win-loss records. It further concluded that the board's action was neither unreasonable nor an abuse of discretion.

labor & employmentprocedure

The case involved a patient who sued several medical providers for negligent failure to diagnose and treat her breast cancer, alleging misdiagnoses from examinations and tests beginning in 1997 and culminating in a cancer diagnosis in 2002; she filed suit in September 2003. The district court granted summary judgment to the defendants on the ground that the action was barred by Iowa's two-year medical negligence statute of limitations under Iowa Code § 614.1(9). The Iowa Supreme Court reversed and remanded, concluding that genuine issues of material fact existed as to when the plaintiff sustained an "injury" for limitations purposes and when she knew or reasonably should have known of the injury and its cause, such that the timeliness of the suit could not be resolved as a matter of law on summary judgment.

healthcaretorts & liabilityprocedure

In this case, the trustees of a revocable inter vivos trust appealed a district court order requiring the trust's assets to fund a spousal allowance for the settlor's surviving widow under Iowa Code section 633.374, after the estate itself lacked sufficient assets. The Iowa Supreme Court affirmed the order, holding that the trust assets were subject to the allowance because it qualifies as a cost of estate administration under section 633.3104(2), consistent with prior decisions in Sieh I and In re Estate of Nagel that extended trust assets to satisfy spousal distributive shares and general claims. The court reasoned that a surviving spouse's rights under the statute should not be treated less favorably than those of creditors, drawing support from the Restatement (Second) of Property, and it overruled contrary precedent in In re Estate of Epstein. The court also rejected a procedural challenge, noting that no financial affidavit was statutorily required before the award and that post-award review was available under section 633.375.

family lawpropertyprocedure

In State v. Johnson, the defendant was convicted of serious injury by vehicle, operating while intoxicated (third offense), and related charges after causing an accident that injured another driver and then refusing a breath test; police obtained a blood sample without a warrant under Iowa Code section 321J.10A. The Iowa Supreme Court affirmed the convictions and the denial of the motion to suppress the blood-test results. The court held that the statutory requirements were met because the accident involved injury reasonably likely to cause death, the blood draw was performed reasonably by medical personnel, and the officer reasonably believed an emergency existed in which delay to obtain a warrant would threaten destruction of evidence due to the natural dissipation of alcohol in the bloodstream. The court rejected the argument that backward extrapolation from a later test could eliminate the exigency, noting that such estimates are less accurate and the statute contemplates reasonably contemporaneous results.

criminal lawprocedure

The case involved Casandra and David Lobberecht suing Dr. Akella Chendrasekhar and the Iowa Clinic for medical malpractice arising from alleged negligence in performing gastric bypass surgery on December 18, 2002, and in subsequent postoperative care. After the Lobberechts filed for chapter 7 bankruptcy in May 2003 without disclosing any potential malpractice claim and received a discharge, the defendants moved for summary judgment on the ground that the plaintiffs were not the real parties in interest. The district court granted the motion, and the court of appeals affirmed, but the Iowa Supreme Court vacated the court of appeals decision, affirmed in part, reversed in part, and remanded. The court held that under federal bankruptcy law, the malpractice cause of action belonged to the bankruptcy estate because it had accrued under Iowa law by the date of the surgery, even though it had not yet been discovered. The proper remedy was substitution of the real party in interest rather than dismissal.

torts & liabilitypropertyprocedure

The case involved subsequent home buyers who discovered latent defects in a roof and gutters years after the original construction and sued the builder for breach of the implied warranty of workmanlike construction. Lower courts had granted summary judgment to the builder, holding that the warranty did not extend to remote purchasers. The Iowa Supreme Court reversed, extending the common-law implied warranty to cover subsequent buyers who were unaware of the defects and had no reasonable means of discovering them. The court reasoned that the same consumer-protection policies that justified the warranty for first purchasers—holding experienced builders accountable for complex, defect-prone homes—apply equally to later owners.

propertytorts & liability

The case involved an attorney appointed to represent an indigent defendant in a criminal case who filed a fee claim after the 45-day statutory deadline. The State Public Defender denied the claim as untimely under Iowa Code sections 13B.4 and 815.10A, but the district court waived the deadline and ordered payment. The Iowa Supreme Court granted certiorari and sustained the writ, ruling that the district court exceeded its authority because the statutes and administrative rules allow denial of untimely claims with no provision for waiver or exception.

criminal lawprocedure

The case involved Mark Antolik suing Tara McMahon for damages from a motor vehicle accident. Antolik filed suit in July 2005 but did not serve notice until December 2005, after the 90-day deadline under Iowa Rule of Civil Procedure 1.302(5), and obtained an ex parte extension citing settlement negotiations. The district court granted summary judgment dismissing the case, ruling that the extension lacked good cause and that the defendant properly raised the timeliness issue in her amended answer rather than a pre-answer motion. The Iowa Supreme Court affirmed, holding that settlement negotiations do not establish good cause for delayed service and that challenges to service sufficiency may be raised in an answer under the rules.

proceduretorts & liability

Dennis Cawthorn sued Mercy Hospital and others for damages from negligent spinal surgeries performed by Dr. Miulli that led to infection and ongoing pain. A jury awarded a large verdict allocating fault between the doctor and the hospital; the hospital moved for a new trial claiming the award was excessive and appealed the admission of evidence about an Iowa Board of Medical Examiners investigation into the doctor, while Cawthorn appealed the denial of punitive damages. The Iowa Supreme Court vacated the court of appeals decision, reversed on the hospital's cross-appeal, and remanded for a new trial. It held that Iowa Code section 272C.6(4) makes IBME investigative files confidential and inadmissible in civil proceedings other than licensee discipline, so the detailed evidence should not have been introduced. The court affirmed the refusal to submit punitive damages, finding insufficient evidence of willful and wanton conduct by the hospital.

healthcareproceduretorts & liability

Chad Enderle was convicted of first-degree murder and willful injury in connection with the death of Gregory Harris in Davenport, Iowa. He appealed, arguing that the trial court erred in denying his motion to suppress evidence obtained under a material-witness warrant and in denying his motion for judgment of acquittal on sufficiency grounds, and he raised related ineffective-assistance-of-counsel claims. The Iowa Supreme Court affirmed the convictions, concluding that the warrant application established probable cause to believe Enderle was a material witness who might be unavailable for a subpoena and that any alleged deficiencies caused no prejudice because the statements obtained were cumulative. The court further held that the evidence, including fingerprints on items at the scene bearing the victim's blood and other circumstantial facts, was sufficient to support the jury's findings of guilt.

criminal lawprocedure

In Stark v. Stark, the surviving spouse Alita Stark obtained a state permit to disinter her late husband’s remains from one cemetery for reburial in another, prompting his children from a prior marriage to seek an injunction blocking the move. The district court granted a permanent injunction, finding that Alita had not shown a substantial public benefit. The Iowa Supreme Court reversed on de novo review, holding that Iowa Code section 144.34 permits a surviving spouse to obtain a disinterment permit from the Department of Public Health for reburial purposes solely upon her consent, without any requirement to demonstrate public benefit or to obtain court approval. The court further ruled that a district court lacks authority to enjoin a validly issued state permit through an equity action and that any challenge must proceed through judicial-review proceedings instead.

family lawprocedure

The case involved the Iowa Supreme Court Attorney Disciplinary Board charging attorney Gregory J. Humphrey with violations of the Code of Professional Responsibility arising from his representation of six probate estates, including neglect leading to repeated delinquency notices, failure to timely file or document tax returns, improper deposit of attorney fees into a business account instead of a trust account, and misrepresentations to the court about the status of tax clearances. After de novo review, the court decided to suspend Humphrey's license to practice law for a minimum of six months, rejecting the grievance commission's recommendation of a private reprimand with practice restrictions. The core reasoning was that the pattern of neglect and misrepresentations across multiple estates warranted a suspension, consistent with sanctions in prior similar cases involving estate mismanagement and court misrepresentations.

procedureproperty

David Rodda sued his former employer Vermeer Manufacturing for bad-faith failure to pay workers' compensation healing-period benefits under Iowa Code section 85.34 after a work injury, layoff, and receipt of unemployment benefits. The district court granted summary judgment to Vermeer, concluding the denial was reasonable because the claim was fairly debatable as a matter of law. The court of appeals reversed, but the Iowa Supreme Court vacated that ruling and affirmed the district court, applying the fairly debatable standard to find no bad faith on the overlapping benefits issue or the single-day claim.

labor & employmenttorts & liability

The case involved John Doe, a physician licensed in Iowa, who challenged the Iowa Board of Medical Examiners' disclosure of three pending complaints against him to the Massachusetts Board of Registration in Medicine, which led to the denial of his Massachusetts license application. Doe argued that Iowa Code section 272C.6(4) prohibited such disclosure of complaints still under investigation. The Iowa Supreme Court affirmed the district court's ruling, holding that the statute permits disclosure of complaints pending investigation to other states' medical licensing authorities, as these complaints relate to licensee discipline, and the board's action was consistent with the statute's purpose of protecting public safety through information sharing among jurisdictions.

healthcareprocedure

The case involved attorney Elizabeth Rosenbaum, appointed as guardian ad litem in a child-in-need-of-assistance proceeding, who submitted a fee claim exceeding the $1000 statutory limit without obtaining prior court approval or a good-cause finding as required by Iowa Code section 815.10A(2). The juvenile court awarded the full amount on a quantum meruit theory despite the procedural noncompliance. The State Public Defender denied the excess fees and petitioned for certiorari. The Iowa Supreme Court sustained the writ, ruling that quantum meruit cannot override the statute's affirmative requirements for pre-approval to exceed fee limits.

family lawprocedure