Daryl L. Hecht

In State v. McCullah, an inmate at a Polk County jail was charged with four counts of inmate assault under Iowa Code section 708.3B after a fight with officers in which multiple employees came into contact with blood. The Iowa Supreme Court addressed whether the statute requires proof that the blood or other bodily fluids originated from the inmate himself. The court held that a conviction requires only that an employee come into contact with such substances not his or her own, regardless of whether they came from the inmate or another person. It therefore affirmed three convictions where officers contacted blood from an unspecified source other than themselves and reversed the fourth conviction involving an officer whose own blood was involved. The decision rested on the plain language of the statute, which does not limit the source of the fluids to the defendant.

criminal law

The case arose after a buyer purchased two vehicles at a public auction held by Wachovia following a foreclosure, but faced months-long delays in receiving titles due to issues with prior owners and procedural complications. The buyer sued Wachovia for fraudulent and negligent misrepresentation, securing a jury verdict for compensatory and punitive damages that the trial court upheld. The court of appeals reversed, holding there was insufficient evidence of fraudulent misrepresentation and that the negligent misrepresentation claim was barred by the economic loss doctrine. On further review, the supreme court analyzed the preservation of arguments, the elements of the claims, and the applicability of the economic loss doctrine to negligent misrepresentation cases involving purely economic losses.

torts & liability

In Renda v. Iowa Civil Rights Commission, an inmate at a state correctional facility filed a complaint with the Iowa Civil Rights Commission alleging sexual harassment and retaliation related to her prison job and housing. The Commission dismissed the complaint for lack of jurisdiction, concluding that a prison is not a dwelling and that an inmate is not an employee under the Iowa Civil Rights Act. The district court affirmed the dismissal. On appeal, the Iowa Supreme Court held that a correctional facility does not qualify as a dwelling but that an inmate's work within the prison does not automatically preclude employee status under the Act. The court affirmed in part, reversed in part, and remanded for further proceedings on the employment claim, applying de novo review to the statutory terms without deference to the agency's interpretation.

civil rightslabor & employmentcriminal law

The case involved Farm Bureau Life Insurance Company seeking reimbursement from its insurers after settling a lawsuit by life insurance applicants who alleged negligence and breach of fiduciary duty for failing to disclose HIV-positive blood test results. Farm Bureau had maintained several liability policies, including claims-made ICPL policies and general liability FI and CU policies, but the insurers denied coverage. The district court granted summary judgment to the insurers, and the Iowa Supreme Court affirmed. The court held that Farm Bureau failed to provide timely notice of the claims under the ICPL policies as required, and that the underlying claims were excluded from coverage under the other policies because they did not result from an "occurrence" and fell within the Insurance and Related Operations Exclusion.

business & regulatorytorts & liability

This case involved a workers' compensation claim by a truck driver injured while unloading freight, seeking benefits for permanent total disability. The dispute centered on the calculation of the employee's average weekly earnings under Iowa Code section 85.36(6) for determining the compensation rate, specifically whether to exclude three weeks of unusually low earnings from the thirteen weeks prior to the injury. The Iowa Supreme Court held that the workers' compensation commissioner correctly excluded those three low-earning weeks and substituted earnings from earlier representative weeks, resulting in a higher average weekly wage and compensation rate. The core reasoning was that the statute requires using earnings that fairly represent the employee's customary weekly earnings lost due to the injury, consistent with the purpose of replacing probable lost earnings as established in prior case law.

labor & employment

The case involved Nancy Kratzer, who sustained successive work-related injuries to her legs in 1994 and 2002, and sought additional permanent disability benefits from Iowa's Second Injury Fund after settling with her employer for the later injury. The workers' compensation commissioner awarded benefits, finding both injuries qualified under Iowa Code section 85.64, but the district court and court of appeals reversed, holding that the 2002 left-leg injury did not qualify as a second injury because the same body part had been affected earlier. On further review, the Iowa Supreme Court vacated the court of appeals decision, reversed the district court, and remanded to affirm the commissioner's award. The court reasoned that the 2002 injury caused a new and distinct increase in disability to the left leg, satisfying the statutory requirements for Fund liability, and that chapter 85 should be interpreted in favor of injured employees.

labor & employment

The case involved Lori Gregory seeking benefits from Iowa's Second Injury Fund after successive work injuries, claiming her 2000 bilateral upper extremity injuries (hands, arms, and shoulders) as a first qualifying injury and her 2002 foot fracture as a second under Iowa Code section 85.64. The workers' compensation commissioner denied Fund liability, concluding the first injury's functional limitations extended to the body as a whole and thus did not qualify as a scheduled member injury. The district court affirmed the denial. The Iowa Supreme Court reversed, holding that the 2000 injury could qualify as a first injury under the statute despite involving multiple members and body-as-a-whole compensation, and remanded for further proceedings consistent with the legislative purpose of the Fund.

labor & employment

Anderson Contracting sued EPDM manufacturers alleging a conspiracy to fix prices in violation of the Iowa Competition Law and sought to represent a class of indirect purchasers of EPDM-containing products in Iowa from 1994 to 2002. The district court certified the class after weighing the numerosity, commonality, predominance, and manageability factors under Iowa Rules of Civil Procedure 1.261-1.263, describing the decision as a close call but concluding the requirements were met. The manufacturers appealed, arguing the court abused its discretion given difficulties in proving injury and identifying class members. The Iowa Supreme Court affirmed, finding no abuse of discretion because the district court had properly examined all relevant factors and retained authority to amend or decertify the class later if needed.

business & regulatoryprocedure

In Comes v. Microsoft Corp., plaintiffs in Canadian antitrust lawsuits sought to intervene in a settled Iowa class-action case against Microsoft to obtain access to millions of pages of discovery documents that were subject to a protective order limiting their use and requiring confidentiality. The district court granted intervention, modified the protective order to permit the Canadian plaintiffs access under its terms, and allowed the Iowa plaintiffs to retain documents until related litigation in other jurisdictions concluded. Microsoft appealed the modifications. The Iowa Supreme Court affirmed, concluding the district court did not abuse its discretion under Iowa Rule of Civil Procedure 1.504 because the protective order expressly anticipated court-ordered modifications, discovery had been coordinated across multiple cases, and the intervenors agreed to be bound by the confidentiality restrictions without seeking public disclosure.

business & regulatoryprocedure

In Thompson v. Kaczinski, a motorist and his wife sued the owners of a trampoline that had been blown by wind onto a rural gravel road, alleging negligence after the motorist swerved to avoid it and crashed. The district court granted summary judgment to the defendants on the grounds that they owed no duty and that their actions were not the proximate cause of the injuries. The Iowa Supreme Court reversed and remanded for trial, concluding that questions of duty, foreseeability, and proximate cause are ordinarily for the jury to decide and are inappropriate for resolution as a matter of law when the facts are uncertain. The court applied principles from the Restatement (Third) of Torts to assess the scope of liability rather than relying on the prior substantial-factor test for causation.

torts & liabilityprocedure

The case involved a wrongful death claim by Roger Van Fossen against power plant owners MidAmerican and IPL, alleging that his wife Ann contracted mesothelioma from asbestos dust on his work clothes after he worked at the plant as an employee of independent contractors. The district court granted summary judgment to the defendants, which was affirmed by the court of appeals and the Iowa Supreme Court, holding that the plant owners owed no duty to warn the spouse of an independent contractor's employee about asbestos hazards. The court reasoned that under the Restatement (Second) of Torts, employers of independent contractors generally are not liable for harms caused by the contractor, and the exceptions for peculiar risks or inherently dangerous work did not extend a duty to the spouse who never visited the premises.

torts & liability

The case concerned a challenge by plaintiff-taxpayers to the Des Moines Independent Community School District's closure of five schools, based on claims that the district failed to follow Iowa State Board of Education administrative rules requiring adequate public notice, participation, and procedural steps in the decision-making process. The ISBE upheld the closures, the district court affirmed that ruling, and the Iowa Supreme Court likewise affirmed on alternate grounds. The court concluded that the ISBE lacked authority to promulgate the rules at issue, rendering them void, and that the taxpayers had preserved no other claims such as an abuse of discretion by the district for judicial review under Iowa Code chapter 17A.

procedure

The case involved a defendant convicted after a bench trial of two class D felonies: failure to register as a sex offender (second offense) after vacating his Iowa residence without updating his address, and failure to appear at a pretrial conference and trial while on bond. The defendant appealed, arguing that the trial violated the 180-day time limit under the Interstate Agreement on Detainers after he was returned from Arizona custody, and that evidence was insufficient to support the convictions; the State cross-appealed the district court's refusal to bifurcate the habitual offender sentencing enhancement from the guilt phase without a separate hearing. The court affirmed the convictions, finding the IAD deadline satisfied due to agreed continuances and sufficient evidence that the defendant knowingly left the state in violation of bond conditions, but reversed on the habitual offender issue and remanded for further proceedings.

criminal lawprocedure

In State v. Carroll, the defendant was convicted of possession with intent to deliver marijuana after entering a guilty plea under an agreement that dismissed a related tax stamp charge. Carroll appealed, arguing that his plea was neither voluntary nor intelligent due to ineffective assistance of counsel, specifically the failure to file a motion to suppress evidence from a warrantless search of a barn and inadequate advice before pleading. The Iowa Supreme Court affirmed the conviction and sentence, holding that the existing record was insufficient to resolve the ineffective-assistance claim on direct appeal. The court preserved the claim for possible postconviction relief proceedings, noting that while a guilty plea generally waives certain objections, claims that counsel's ineffectiveness rendered the plea uninformed or involuntary may still be considered if properly developed.

criminal lawprocedure

This case involved an insurance company, Travelers Indemnity Co., challenging an order by the Iowa Commissioner of Insurance that found it had charged an excessive premium for workers' compensation coverage to an assigned-risk policyholder, Action Moving, Inc. The commissioner determined that the premium should have been based only on intrastate payroll because the employer had alternative coverage for interstate services through another insurer. The Iowa Supreme Court reversed the commissioner's order, holding that the finding of alternative coverage was not supported by substantial evidence in the record.

business & regulatorylabor & employment

The Iowa Supreme Court Attorney Disciplinary Board brought charges against attorney Van Plumb alleging multiple violations of ethical rules, including revealing a former client's confidences during a deposition, neglecting client matters, failing to deposit unearned fees in a trust account, misappropriating funds, and attempting to persuade a client to withdraw a complaint. A grievance commission found violations and recommended a twelve-month suspension, which Plumb appealed. On de novo review, the court determined that the board proved the violations by a convincing preponderance of the evidence and that Plumb's history of prior discipline warranted a more severe sanction. The court therefore suspended Plumb's license to practice law indefinitely with no possibility of reinstatement for eighteen months.

procedurecriminal law

The case involved the State's motion to disqualify the defendant's privately retained lead counsel in a first-degree murder prosecution because another attorney in the same firm represented a potential State witness on an unrelated charge. The district court ordered counsel to withdraw despite the defendant's waiver of any conflict, screening measures implemented within the firm, and the appointment of co-counsel who would handle all matters involving the witness. On interlocutory review, the Iowa Supreme Court reversed the disqualification order and remanded with instructions, concluding that any conflict was merely potential or speculative rather than actual given the witness's limited foundational role, the absence of any need for cross-examination or impeachment by lead counsel, and the protections already in place. The court held that these factors, combined with the defendant's waiver and right to chosen counsel, did not justify disqualification.

criminal lawprocedure

This case involves Julie Thorson, a long-time employee at Larson Manufacturing, a storm door maker, who filed workers’ compensation claims alleging cumulative injuries to her neck, shoulders, back, and arms from repetitive job duties over many years, along with a separate knee injury. After an initial reversal and remand by the Iowa Supreme Court, the workers’ compensation commissioner found a compensable cumulative injury with a manifestation date of July 20, 1999, and awarded compensation, interest, medical expenses, and temporary partial disability benefits for certain periods; the district court affirmed. On further review, the supreme court affirmed the finding of a compensable cumulative injury and the award of most benefits but reversed the commissioner’s order requiring the employer to pay for a second medical examination under Iowa Code section 85.39, holding that the statute does not authorize multiple exams at the employer’s expense. The court also addressed due process challenges to the injury date and calculation of temporary benefits based on the record evidence of Thorson’s work history and medical treatment.

labor & employmentprocedure

The case involved an employee, Jerrie Sims, who was terminated after a positive drug test for illegal substances under his employer's policy and Iowa Code section 730.5. Sims sued NCI Holding Corp. alleging a violation of the statute's requirement for written notice (by certified mail) of the test results and his right to a confirmatory retest at his own expense. The district court found no substantial compliance with the written notice requirement but awarded only attorney fees and costs, denying back pay, reinstatement, or other damages. On appeal, the Iowa Supreme Court affirmed, holding that the employer failed to substantially comply with the notice rules but that Sims suffered no compensable harm because a later confirmatory test (arranged after suit was filed) reconfirmed the positive result, justifying the discharge; however, the fee award was proper because the delay in notice prompted the litigation.

labor & employmentbusiness & regulatory

In this dissolution of marriage case, a husband secretly installed video recording equipment in the marital home to tape his wife's activities in the bedroom without her knowledge. The wife sued for tort damages based on invasion of privacy, and the district court awarded her $22,500, a decision affirmed by the court of appeals. On further review, the Iowa Supreme Court held that the claim was viable because the wife retained a reasonable expectation of privacy even within the marriage, that the surreptitious recording constituted an intentional and highly offensive intrusion, and that the claim was timely filed. The court rejected the husband's arguments that no privacy expectation existed between spouses and that any publication was done by the wife herself.

family lawtorts & liability