Latest 2 Cases: Cohen v. Clark (Animal / Dog Law), Petro v. Palmer College of Chiropractic (Civil Rights)

Should Acquittals Require Unanimity?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers the policy question of whether, since the Constitution requires jury unanimity to convict a defendant of a serious crime, states should require a unanimous verdict to acquit a defendant, as well. Colb describes the reasons behind jury unanimity convictions and assesses whether they apply similarly to acquittals.

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Cohen v. Clark

Docket: 18-2173

Opinion Date: June 30, 2020

Judge: Christensen

Areas of Law: Animal / Dog Law, Contracts, Landlord - Tenant, Real Estate & Property Law

In this case brought by a tenant against her landlord and a neighboring tenant alleging breach of the lease's no-pets provision the Supreme Court reversed the judgment of the district court dismissing the case, holding that the landlord's accommodation of an emotional support dog was not reasonable. Plaintiff moved into an apartment building because of its no-pets policy. Afterwards, another tenant requested a reasonable accommodation to have his emotion support animal (ESA), a dog, with him on the apartment premises. The landlord allowed the ESA and tried to accommodate the two tenants, but Plaintiff still suffered from allergic attacks. Plaintiff sued, alleging breach of the lease and interference with the quiet enjoyment of her apartment. The landlord asserted in its defense that its waiver of the no-pets policy was a reasonable accommodation that it was required to grant under the Iowa Civil Rights Act (ICRA). The small claims court concluded that the landlord's accommodations were reasonable. The district court dismissed the case. The Supreme Court reversed and remanded the case, holding (1) the landlord's accommodation of the ESA was not reasonable because Plaintiff had priority in time and the dog's presence posed a direct threat to her health; and (2) Plaintiff was entitled to recover on her claims.

Petro v. Palmer College of Chiropractic

Docket: 18-2201

Opinion Date: June 30, 2020

Judge: Edward M. Mansfield

Areas of Law: Civil Rights, Contracts

The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's claims for violations of a municipal civil rights ordinance and the Iowa Civil Rights Act (ICRA) and breach of contract, holding that the ICRA does not contain authorization for a municipality to enact law that would be binding between two private parties in state court. Plaintiff claimed that he was discriminated against in his education on the basis of age and disability. The district court dismissed all of Plaintiff's claims, concluding that it had no jurisdiction over the local ordinance claims, that the ICRA claims were barred because they were based on the same conduct, and that Plaintiff did not have a viable breach of contract claim. The Supreme Court affirmed, holding (1) the general assembly did not confer jurisdiction on Iowa state courts to hear claims by private parties arising under municipal civil rights ordinances; and (2) the district court did not err in its resolution of Plaintiff's ICRA and breach of contract claims.