Case law

Rowe v. Toon

185 Iowa 848 · Supreme Court of Iowa · Nov 23, 1918

whether such delayed filing would, for any purpose, be considered as nunc pro tunc; it is enough to say that no principle of law or equity clothes the man who sold the practice with the right to violate his contract, and be immune … The decree is clearly right, and it is — Affirmed. Preston, C. J., Gaynor and Stevens, JJ., concur.

Moyer v. City of Des Moines

505 N.W.2d 191 · Supreme Court of Iowa · Sep 21, 1993

If the immunity claim under section 613A.4(3) is a matter of subject matter jurisdiction, it is still necessary to establish the facts upon which that claim may be predicated. … The basis for imposing a setback requirement is not clearly identified in the record and has not been made an issue in the argument of the parties. 2 .

Strand v. Rasmussen

648 N.W.2d 95 · Supreme Court of Iowa · Jul 17, 2002

The ALJ held the irrevocable trust established for David Jr. constituted a Medicaid qualifying trust (MQT) under Iowa Administrative Code rule 441-75.9(1) (1997). … a purpose other than to qualify for Medicaid benefits.").

Bingham v. Marshall & Huschart MacHinery Co.

485 N.W.2d 78 · Supreme Court of Iowa · May 13, 1992

Bingham asserts the general immunity is qualified or limited by the requirements of subsection 613.18(l)(b). … We have followed well-established standards in our review of the propriety of the submission of instructions to the jury. See Young v. Gregg, 480 N.W.2d 75, 80 (Iowa 1992).

Maxine Gail Veatch v. City of Waverly and Jason Leonard, Individually and in His Official Capacity

858 N.W.2d 1 · Supreme Court of Iowa · Jan 9, 2015

Assault of a dependent adult  16 by a caretaker qualifies as dependent adult abuse. Iowa Code §§ 235B.2(5)(a)(1)(a), .20(6). … But this case is clearly distinguishable from Kraft.

Gordon Berg Garrison v. New Fashion Pork LLP and BWT Holdings LLP

Supreme Court of Iowa · Jun 30, 2022

The CAFO defendants moved for summary judgment based on the statutory immunity in Iowa Code section 657.11 and the plaintiff’s lack of evidence to establish he qualified for an exception to the immunity or prove causation … In that case, the evidence was sufficient to establish a nuisance: [I]n regard to the plaintiff’s house it is clearly established that offensive odors were almost constantly perceived within it, and that

Mark H. Andrew, M.D. v. Hamilton County Public Hospital d/b/a Van Diest Medical Center

Supreme Court of Iowa · Jun 4, 2021

This immunity is not absolute: “[S]uch immunity from civil liability shall not apply if such act is done with malice.” Id. … The district court denied summary judgment on the basis that issues of good faith and malice, required to establish the hospital’s  19 statutory immunity, are jury questions.

Sanford v. Manternach

601 N.W.2d 360 · Supreme Court of Iowa · Oct 13, 1999

immunity. … The court did not consider the defendants’ remaining arguments based on the absence of a liberty interest in good-conduct time and qualified immunity.

Monroe v. RAZOR CONSTRUCTION COMPANY

252 Iowa 1249 · Supreme Court of Iowa · Aug 15, 1961

of such immunity. … But we also said: “Likewise, we may consider it established * * * that if there had been negligence on the part of the defendants they could claim no share in governmental immunity from suit.” Pumphrey v.

Griffen v. State

767 N.W.2d 633 · Supreme Court of Iowa · Jun 26, 2009

The Iowa Tort Claims Act (ITCA) waives sovereign immunity from tort liability. Iowa Code ch. 669. … The State argues the absence of express language regarding foreign applicability establishes a legislative intent against including claims arising in foreign countries.

Gacke v. Pork Xtra, L.L.C.

684 N.W.2d 168 · Supreme Court of Iowa · Jun 16, 2004

of the established date of operation or expansion of the agricultural activities of the farm or farm operation. … comments made by the individuals responding to the questions were inflammatory and clearly prejudicial.

Jahnke Ex Rel. Jahnke v. Incorporated City of Des Moines

191 N.W.2d 780 · Supreme Court of Iowa · Nov 11, 1971

And, at page 525, the court said, “There has been, it is true, some erosion of the immunity of states and municipalities from suit, but this has mainly come about in those fields in which established patterns of responsibility … We assume, too, its use of terms was in the accepted judicially established context unless there is clear evidence to the contrary.

Gary v. Northwestern Mutual Aid Ass'n

87 Iowa 25 · Supreme Court of Iowa · Jan 18, 1893

We are very clearly of the opinion that the decree’under consideration is. void, and this question appears to us to demand no "further consideration. … But this immunity does' not attach as long as the partnership contract is executory only, or depends upon unperformed conditions precedent.”

State v. Snyder

244 Iowa 1244 · Supreme Court of Iowa · Jun 9, 1953

, through ber counsel under immunity, the' court will have to respect it and the claimed immunity will have to be sustained.” … The proposed evidence was clearly competent.

Ryan v. Wilson

231 Iowa 33 · Supreme Court of Iowa · Nov 18, 1941

And under the record made, it is our judgment that if it was privileged, it is immaterial whether the privilege was absolute, or qualified, because in either event the plaintiff has failed to establish his case. I. … Qualified privilege exists in a much larger number of cases.

Pumphrey v. JA Jones Construction Company

250 Iowa 559 · Supreme Court of Iowa · Feb 10, 1959

Likewise, we may consider it established, at least so far as our decision here is concerned, that if there had been negligence on the part of the defendants they could claim no share in governmental immunity from suit. … Young, supra, but there the contractor was clearly held to be negligent. Hopkins v.

Harned v. Farmland Foods, Inc.

331 N.W.2d 98 · Supreme Court of Iowa · Mar 16, 1983

The legislature is obviously aware of an employer’s blanket immunity and seems anxious to protect it. … An exception to this rule exists if it can be established that the injury was due to to the gross negligence of a fellow employee.

Vander Linden v. Crews

231 N.W.2d 904 · Supreme Court of Iowa · Jul 31, 1975

In the early stages of plaintiff’s action for malicious prosecution, defendant Crews moved for summary judgment on the grounds he was a public official and immune from suit under the doctrine of judicial immunity. … What showing must be made to establish malice in an action for malicious prosecution depends on the status of the defendant.

Parks v. City of Marshalltown

440 N.W.2d 377 · Supreme Court of Iowa · May 17, 1989

It is not necessary for us to decide whether Parks’ claim qualifies. *379 If we were to apply the Pogge theory, Parks would face another principle. … Dep’t of Social Servs., 207 N.W.2d 117, 122 (Iowa 1973) (state waives immunity in contract by entering it).

State v. Houston

206 N.W.2d 687 · Supreme Court of Iowa · Apr 25, 1973

Furthermore it is clearly established an assurance of prosecutorial abstinence, regardless of its effectiveness, goes only to credibility of the promisees. See State v. … At the threshold this contention encounters a well-established procedural obstacle.