WATERMAN , Justice . In this appeal, we must decide whether to extend the implied warranty of workmanlike construction to the sale of a residential lot without a home or other structure. The plaintiff, a contractor-developer, bought the lot from a realtor to build townhomes for sale. He alleges the lot had improperly compacted backfill, requiring extensive additional work to get it ready for construction. Plaintiff sued the original developers whose contractor had performed the substandard...
WATERMAN , Justice . In this interlocutory appeal, we must decide whether to extend the implied warranty of workmanlike construction to protect a bank that acquired a mold-infested apartment complex by deed in lieu of foreclosure. The bank sued the builder under that theory, alleging shoddy construction. This implied warranty "is a judicially created doctrine implemented to protect an innocent home buyer by holding the experienced builder accountable for the quality of construction."...
WATERMAN , Justice . In this case, we review the juvenile court's order compelling a therapist to testify in a child-in-need-of-assistance (CINA) proceeding regarding the mother's mental health treatment. The testimony was sought by the guardian ad litem (GAL) for three minor children. The therapist and mother, asserting the patient-psychotherapist privilege, moved to quash the GAL's subpoena for the therapist's records and testimony. The juvenile court, relying on Iowa Code section 232.96(...
WATERMAN , Justice . In this appeal, we revisit the obligation of an arresting officer under Iowa Code section 804.20 (2013) to facilitate communications between an attorney and a person arrested for operating a motor vehicle while intoxicated (OWI) in violation of section 321J.2. The defendant was seeking legal advice regarding whether to submit to a chemical breath test. The officer denied his request for privacy during his teleconference with a lawyer on the jail phone and stopped short...
MANSFIELD, Justice. This case requires us to interpret a commercial lease. Our task is to determine whether the landlord is authorized to enter the leased property to show it to potential buyers. The tenant argues that access is not permitted until ninety days before the end of the lease term. The tenant relies on a lease provision entitled "SIGNS," which provides that the landlord may erect "For Rent" or "For Sale" signs during the last ninety days of the tenancy and that the tenant must...
MANSFIELD, Justice. After a trial of more than two weeks, a jury and a judge awarded Dennis Smith, a writer formerly employed by the College of Engineering at Iowa State University (ISU), a total of $1,284,027.40 in damages against ISU and the State of Iowa. Smith recovered $500,000 for intentional infliction of emotional distress and an additional $784,027.40 under a whistleblowing statute for retaliation suffered because he reported managerial misconduct to ISU's president. ISU and the State...
APPEL, Justice. In this case, we consider an appeal from a district court judgment after a lengthy trial adverse to the plaintiffs in a class action brought under both the Federal Civil Rights Act and the Iowa Civil Rights Act against the State of Iowa and various executive branch departments. The plaintiffs generally allege that the State of Iowa unlawfully discriminates against African Americans in employment. For the reasons expressed below, we affirm the decision of the district court. I....
APPEL, Justice. In this case, we consider whether SZ Enterprises, LLC, d/b/a Eagle Point Solar (Eagle Point) may enter into a long term financing agreement related to the construction of a solar energy system on the property of the city of Dubuque under which the city would purchase from Eagle Point, on a per kilowatt hour (kWh) basis, all of the electricity generated by the system. Prior to proceeding with the project, Eagle Point sought a declaratory ruling from the Iowa Utilities Board (...
CADY, Chief Justice. In this appeal, we decide two issues concerning the qualifications of persons who serve state government on commissions that engage in rulemaking. First, we must decide whether an Iowan who served on a commission was disqualified to vote on the adoption of a rule and regulation when she engaged in activities in her employment in support of the rule. Second, we must decide whether a rule adopted by a commission was invalid after it was discovered that a member who...
WATERMAN, Justice. This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plaintiff in this case used only the generic product. After developing a...
APPEL, Justice. In this case, we must determine the tax consequences of a general verdict under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51-60 (2006). A railroad employee filed a negligence action against a railroad and obtained a favorable general jury verdict. The employer withheld a portion of the subsequent award to pay taxes allegedly due under the Railroad Retirement Tax Act (RRTA), 26 U.S.C. 3201-3241, and paid the balance to the employee. When the employee refused...
CADY, Chief Justice. In this appeal involving a lawsuit for wrongful termination of employment, we must determine whether multiple sclerosis is a disability contemplated by the Iowa Civil Rights Act of 1965 (ICRA), Iowa Code chapter 216 (2011). If so, we must also determine whether the employee was otherwise qualified to perform the essential functions of his employment as a product delivery driver who must hold a commercial driver's license. The district court granted summary judgment for the...
HECHT, Justice. A student requested a chiropractic school make accommodations for his visual disability. When the school denied the requested accommodations, the student filed a complaint with the civil rights commission in the community where the school is located. The commission found the school failed to comply with applicable federal and state disability laws and granted the student relief. The school sought judicial review, and the district court reversed the commission's ruling. Upon...
APPEL, Justice. Nathan Olsen pleaded no contest to a felony charge in Wisconsin, and the Wisconsin trial court deferred judgment. We must now consider whether Olsen was "convicted" of the felony charge in Wisconsin such that he could be charged with a violation of Iowa Code section 724.26, which prohibits convicted felons from possessing firearms in Iowa. I. Factual Background and Proceedings. The State of Wisconsin charged Olsen with three crimes: second-degree sexual assault of a child,...
MANSFIELD, Justice. This case requires us to decide the timeliness of a lawsuit filed against a school district in 2012 alleging past sexual abuse. The abuse was alleged to have occurred when the plaintiff was a high school student in the early 2000s. The alleged abuser was a teacher who also served as the plaintiff's track coach. The school district moved for summary judgment based on the statute of limitations in the pre-2007 Iowa Municipal Tort Claims Act. The district court denied the...
APPEL, Justice. Eight residents of Muscatine filed a lawsuit 1 on behalf of themselves and other similarly situated Muscatine residents against Grain Processing Corporation (GPC), which operates a local corn wet milling facility. The residents claim the operations at GPC's facility cause harmful pollutants and noxious odors to invade their land, thereby diminishing the full use and enjoyment of their properties. They base their claims on common law and statutory nuisance as well as the common...
WIGGINS, Justice. A plaintiff brought an action against the State of Iowa and individual defendants. The plaintiff named the individual defendants in their official and individual capacities. The attorney general certified under Iowa Code section 669.5(2)( a ) (2011) that at certain times material to the plaintiff's allegations, the individual defendants were acting within the scope of their employment. Thus, certain immunities under Iowa Code section 669.14 applied to various counts of the...
HECHT, Justice. A municipality agreed to transfer to a residential developer land originally acquired for use as a road right-of-way. Taxpayers challenged in this civil action the legality of the proposed transfer, contending the municipality failed to follow statutory procedures for the sale of unused right-of-way. The district court interpreted the relevant statute, concluded the property in question was not unused right-of-way, and dismissed the case. Upon appellate review, we conclude the...
CADY, Chief Justice. The Iowa Supreme Court Attorney Disciplinary Board charged John Michael Carter with several violations of the Iowa Rules of Professional Conduct. The gravamen of these charges is that Carter converted client funds for personal use without a colorable future claim to them. The Board also charged Carter with other violations flowing from the alleged conversions. The Grievance Commission of the Supreme Court of Iowa found Carter converted client funds and had no colorable...
WATERMAN, Justice. This appeal presents questions of first impression on the interpretation and constitutionality of the railroad-crossing statute, Iowa Code section 476.27 (2009). This statute was enacted to facilitate public utility crossings over railroad tracks. It authorizes a "pay-and-go" procedure with a legislatively predetermined $750 standard crossing fee the utility pays to the owner of the railroad right-of-way. The Iowa Utilities Board (IUB) allowed an independent transmission...
