Michael J. Streit

This case concerned whether a worker injured by a coworker's truck during an on-the-job interaction involving "wiggling his butt" and alleged horseplay was entitled to workers' compensation benefits from his employer, Xenia Rural Water District. The Iowa Supreme Court determined that the employee has the burden to show his actions did not substantially deviate from employment, remanding the case to the industrial commissioner for that assessment under the existing record. It further held that the statutory affirmative defense for willful injury by a third party for personal reasons did not apply here, as the incident stemmed from the work environment rather than external personal motives.

labor & employment

The case involved a dispute over an equipment lease agreement for beverage carts between C & J Vantage Leasing Co. and Outlook Farm Golf Club, where Royal Links arranged for Outlook to lease carts from C & J with offsetting advertising payments that Royal Links later stopped making, leading Outlook to cease its lease payments. C & J sued for breach of contract, and Outlook raised an affirmative defense and counterclaim of fraudulent misrepresentation based on an alleged agency relationship with Royal Links. The district court granted summary judgment to C & J, but the Iowa Supreme Court reversed, holding that genuine issues of material fact existed regarding fraud in the inducement that precluded summary judgment, while also clarifying that the transaction was a finance lease rather than a secured transaction and overruling contrary precedent on that point.

business & regulatoryproceduretorts & liability

The case involved Rory Reilly challenging the Iowa Department of Corrections' revocation of his earned time credits after his removal from a sex offender treatment program due to a failed polygraph test, which extended his sentence. The Iowa Supreme Court ruled that while the application of the relevant statute did not violate ex post facto or retroactivity principles, the procedures used to remove Reilly from the program violated his due process rights under the Iowa and U.S. Constitutions. The court reasoned that inmates have a liberty interest in earned time that requires procedural protections before deprivation, although polygraph examinations can be used as one factor in removal decisions, and it sustained the writ of certiorari while remanding for remedy.

criminal lawcivil rightsprocedure

In this case, inmate John Dykstra challenged the Iowa Department of Corrections' revocation of his earned time credits after he refused to participate in a sex offender treatment program (SOTP), which was required based on unadmitted factual allegations from his prior simple assault plea and other history. The Iowa Supreme Court held that IDOC's classification requiring SOTP participation implicates a protected liberty interest, entitling inmates to due process protections under Wolff v. McDonnell. The court found that Dykstra was denied due process because IDOC relied on unproven allegations from minutes of testimony without adequate procedural safeguards, such as notice or an opportunity to contest the facts. The court sustained the writ of certiorari and remanded for consideration of the appropriate remedy.

criminal lawcivil rightsprocedure

The case involved Kenneth Waters, convicted of operating while intoxicated (third offense) and assault with intent to commit sexual abuse, who was serving only the OWI sentence after discharging the assault sentence when the Iowa Department of Corrections required him to participate in a sex offender treatment program. When Waters refused, the department halted his accrual of earned time under Iowa Code section 903A.2, extending his tentative discharge date, and he sought postconviction relief challenging the action on ex post facto, retroactivity, and statutory authority grounds. The Iowa Supreme Court held that the department acted within its authority, ruling that the 2005 amendment to section 903A.2 was a clarification of prior law that did not violate the Ex Post Facto Clause and that the statute allows denial of earned time on any sentence being served if an inmate refuses required treatment. The court annulled the writ after finding no constitutional or statutory violation.

criminal lawprocedure

Michael Anderson was convicted of sexual exploitation of a minor in Marshall County and received a two-year prison sentence along with a ten-year special sentence under Iowa Code section 903B.2 requiring supervision as if on parole. He was also serving longer consecutive sentences from a separate Story County conviction that ran concurrently. Anderson sought to begin the special sentence after discharging only the Marshall County term, but the district court ruled it would start only after all sentences ended. The Iowa Supreme Court reversed, holding that the statute's plain language requires the special sentence to commence upon completion of the sentence imposed for the underlying criminal offense, irrespective of any concurrent sentences.

criminal law

In this case, Jan Reis and her attorney spouse Dean Stowers were held in contempt by the district court for allegedly violating a protective order that governed confidential discovery documents in Reis's employment lawsuit against Care Initiatives. The Iowa Supreme Court reviewed the matter on certiorari and determined that the district court had jurisdiction to enforce the protective order even after the underlying case settled, but lacked jurisdiction to enforce the unentered settlement agreement itself. The court found substantial evidence supported holding Stowers in contempt for using confidential information in emails to pressure Care Initiatives, but reversed the contempt finding against Reis due to insufficient evidence of her violation. The decision emphasized that parties must seek court modification before using protected documents and limited remedies accordingly.

procedurelabor & employment

Matthew Cox was convicted of second-degree and third-degree sexual abuse for abusing his cousin J.M. The prosecution introduced testimony from two other cousins about prior sexual abuse by Cox, relying on Iowa Code section 701.11 to admit the evidence. The Iowa Supreme Court reversed the convictions, holding that section 701.11 is unconstitutional as applied to these facts. The court reasoned that the prior acts involving different victims were relevant only to show a general propensity to commit sexual abuse and were not tied to any legitimate non-propensity issue, violating the due process clause of the Iowa Constitution.

criminal lawprocedure

The case involved Aaron Ballalatak, a security supervisor fired by Hawkeye Downs after he raised concerns internally with management about two injured coworkers' workers' compensation claims and suggested they might hire an attorney. Ballalatak sued for wrongful discharge in violation of public policy, arguing his advocacy was protected activity. The district court granted summary judgment to the employer, and the Iowa Supreme Court affirmed, holding that no clearly defined public policy shields at-will employees from termination for advocating on behalf of other employees' workers' compensation rights or threatening legal action on their behalf. The court reasoned that the public policy exception to at-will employment, which protects employees pursuing their own statutory rights, does not extend to supervisors or coworkers internally assisting others with such claims.

labor & employmenttorts & liability

The case involved Lee Burress, who contracted brucellosis while working at IBP's meat-packing plant and filed for workers' compensation benefits after discovering the disease six years after leaving employment. The Iowa Supreme Court held that because Burress contracted the disease from a traumatic event like cutting his finger, it constituted an injury under Iowa Code chapter 85 rather than an occupational disease under chapter 85A. The court affirmed the agency's determination on the injury classification but remanded the case to the commissioner for a new determination on whether Burress complied with the ninety-day notice requirement under chapter 85, as the commissioner used an incorrect date to start that period.

labor & employmentprocedure

The case involved Steven Lewis, a long-term maintenance worker for the City of Ames, whose employment was terminated after his driver's license was suspended for six months due to an OWI arrest, as the position required a commercial driver's license. The Civil Service Commission upheld the termination, but the district court found it arbitrary and reversed, a decision affirmed by the court of appeals. On further review, the Iowa Supreme Court vacated the court of appeals decision and reversed the district court, holding that the termination was warranted. The court reasoned that under Iowa Code sections 400.18 and 400.19, failure to maintain a job-required credential constitutes neglect of duty or failure to properly perform duties, and the city's action protected the public interest even though the suspension was temporary.

labor & employment

In this workers' compensation case, Howard Kohlhaas suffered a foot injury while employed by Hog Slat, Inc., leading to a 2002 settlement agreement that set his permanent partial disability at 50% for his right leg and noted unrelated knee, hip, and back pain. Years later, Kohlhaas filed a review-reopening petition seeking increased compensation based on additional impairment and reimbursement for an independent medical evaluation under Iowa Code section 85.39. The commissioner and district court denied both requests, finding no unanticipated change in condition and that the employer had not obtained a new disability rating in the current proceeding. The Iowa Supreme Court reversed the denial of increased compensation, holding that a claimant need only prove the current condition warrants adjustment under section 86.14(2) without showing the change was unanticipated at settlement, but affirmed the denial of reimbursement because section 85.39 applies only when the employer secures a new evaluation in the review-reopening action.

labor & employmentprocedure

This case involves a medical malpractice lawsuit brought by James and Kathy Keefe against Dr. Renald Bernard and McFarland Clinic over treatment of a shoulder injury. The dispute centered on a memorandum prepared by defendants' counsel after an ex parte meeting with one of the plaintiffs' treating physicians, Dr. Sneller, without providing the required notice under Iowa Code section 622.10(3)(e). The district court ordered production of the memorandum, but on interlocutory appeal the Iowa Supreme Court held that the document was not protected by attorney-client privilege yet qualified for protection under the attorney work-product doctrine. The court determined that counsel violated the statutory notice requirement and that the appropriate sanction was partial disclosure of non-opinion portions of the memorandum while shielding core mental impressions and legal theories.

proceduretorts & liabilityhealthcare

Stephen Scott sued Dutton-Lainson Company after being injured when a boat trailer jack collapsed on his foot, alleging defective design and failure to warn. The district court excluded evidence of post-accident design changes under Iowa Rule of Evidence 5.407, the jury returned a defense verdict, and Scott appealed. The Iowa Supreme Court affirmed, holding that design defect and failure-to-warn claims are governed by negligence principles under the Restatement (Third) of Torts rather than strict liability, so the rule barred admission of subsequent remedial measures to prove negligence or culpable conduct.

torts & liabilityprocedure

Elizabeth DeBoom sued her former employer, Raining Rose, Inc., alleging she was terminated because of her sex and pregnancy shortly after returning from maternity leave, in violation of the Iowa Civil Rights Act. After a jury returned a verdict for the employer, DeBoom appealed, arguing errors in the jury instructions. The Iowa Supreme Court reversed and remanded for a new trial, holding that the instructions should have permitted the jury to infer discrimination if it found the employer's stated reasons for the firing were pretextual and that the given definition of "determining factor" was legally erroneous and prejudicial.

labor & employmentcivil rights

The case involved American Eyecare, an optometry provider, which billed Iowa Medicaid for comprehensive eye examinations on covered patients between 2000 and 2002. The Department of Human Services audited a sample of records, determined the services qualified only as intermediate examinations under the CPT definitions incorporated into state rules, and sought repayment of over $26,000 extrapolated across hundreds of claims. The agency interpreted the requirement for "initiation of a diagnostic and treatment program" to mean every listed service must be performed. On judicial review, the Iowa Supreme Court held that this interpretation was legally erroneous because the regulatory language used "includes" rather than mandatory phrasing, and that substantial evidence showed the sampled exams included refraction and a general evaluation of the visual system, meeting the comprehensive-services definition. The court therefore vacated the court of appeals decision, reversed the district court, and remanded for judgment in favor of the provider.

healthcarebusiness & regulatoryprocedure

Lee Burress contracted brucellosis at IBP's meat-packing plant through skin abrasions while handling hogs between 1987 and 1997, but was not diagnosed until 2003. He sought workers' compensation benefits under Iowa Code chapter 85, which IBP contested by arguing the condition was an occupational disease subject to the one-year filing limit in chapter 85A. The Iowa Supreme Court held that brucellosis qualified as an injury under chapter 85 because medical evidence showed it entered through traumatic cuts sustained on the job, making the occupational-disease time bar inapplicable. The court affirmed the agency award of permanent total disability benefits, finding substantial evidence supported the commissioner's classification and that the petition was timely filed within two years of discovery.

labor & employmenthealthcare

Beverly Mannes filed workers’ compensation claims against her employer Fleetguard for two overuse injuries, one to her arms and one to her neck and shoulders. A deputy commissioner initially awarded benefits for the first injury but denied the second; after judicial review and remand, benefits were awarded for the second injury on a different date, but without addressing temporary partial benefits, penalty benefits, costs, or the full responsibility rule. On further review, the district court remanded for those issues, and the court of appeals affirmed. The Iowa Supreme Court reversed in part, holding that remand on temporary partial benefits was improper because no reduction in income appeared in the record, but affirmed remand on the remaining issues because the commissioner had not ruled on them.

labor & employmentprocedure

The case involved a mother's lawsuit against the State of Iowa under the Iowa Tort Claims Act for negligence in supervising a university summer camp program, which allegedly caused her son's near-drowning in a German swimming pool and his later death. The district court dismissed the suit, ruling that the Act does not apply to torts in foreign countries. The Iowa Supreme Court reversed, holding that the Act expressly permits claims for acts or omissions occurring outside Iowa when the plaintiff is a nonresident, with exclusive jurisdiction in Polk County. The court's reasoning centered on the statute's plain language in section 669.4, the absence of a foreign-country exception unlike the Federal Tort Claims Act, and legislative history showing an intent to cover extraterritorial claims without additional limitations.

torts & liabilityprocedure

In this case, St. Paul's Evangelical Lutheran Church sued the City of Webster City for over $30,000 in damages from a 2005 sewage backup into the church, which resulted from a city contractor's negligent severing and reconnection of the church's gravity-flow sewer line using improper materials and routing during a 1978 water main installation project. The jury found the city negligent and determined that the water main project was not an "improvement to real property" under Iowa Code section 614.1(11), but the district court granted the city's motion for judgment notwithstanding the verdict on the ground that the statute of repose barred the claim. The Iowa Supreme Court reversed, concluding that the work on the sewer line was not an improvement because it did not enhance the property's capital value or usefulness and was merely an ordinary repair necessitated by the water main project, so the fifteen-year statute of repose did not apply.

propertyproceduretorts & liability