Case law

Smith v. City of Bayard

625 N.W.2d 736 · Supreme Court of Iowa · Apr 25, 2001

Plaintiff urges that the city regulated dogs running at large by ordinance, thus establishing the special relationship required for liability under the Restatement rule. … We deem the city’s claim of statutory immunity to be meritorious irrespective of the duty issue.

Quinn v. Shields

62 Iowa 129 · Supreme Court of Iowa · Dec 4, 1883

for twenty years, as provided by Sec. 1069 of the Code of Iowa, of 1873, and shall have the privilege of re-incorporating, as provided by Sec. 1102 of said Code, and in general shall enjoy all the powers, privileges and immunities … It clearly appears that the incorporators of the association in question can receive no dividends or profits therefrom.

State v. Brown

397 N.W.2d 689 · Supreme Court of Iowa · Dec 17, 1986

Hollins, on the other hand, focused his efforts wholly on establishing his noninvolvement in the murder. He made no attempt to incriminate Brown. … An unsupported assertion of retaliation without more simply will not establish a denial of the right to testify. See United States v.

Bowen v. Kaplan

237 N.W.2d 799 · Supreme Court of Iowa · Jan 21, 1976

It further provided: “The labor commissioner may accept, without cost to the state, inspections performed by insurance company inspectors or other qualified inspectors when evidence of their qualifications satisfactory to … The statute clearly, and we think deliberately, avoided imposing any duty for such an in *802 spection. If there is no duty to act there can be no liability for failure to act. Frantz v.

State v. Garbroski

56 L.R.A. 570 · Supreme Court of Iowa · May 19, 1900

It undertakes to grant to certain citizens or classes of citizens privileges or immunities that on the same terms do not belong to all. … Those who make the laws are to govern by promulgated, established laws, not to be varied in particular cases, but to have one rule for the rich and poor, — for the favorite at court and the countryman at the plow.”

Charles Gabus Ford, Inc. v. Iowa State Highway Commission

224 N.W.2d 639 · Supreme Court of Iowa · Dec 18, 1974

The record clearly establishes three of the prerequisites set out above have been satisfied in this case. … from suit under § 613.8, The Code, impliedly excluded any other waiver of sovereign immunity, including a waiver of immunity with respect to suits for breach of contract.

Sneer v. Stutz

102 Iowa 462 · Supreme Court of Iowa · May 26, 1897

Sneer left a will, in which he appointed the appellees executors of his estate, and they qualified and entered upon the discharge of their duties as such. … It seems to us that, as the exemption was clearly personal to George Sneer, it should not be so extended as to apply to the appellees.

Williams v. Hedican

561 N.W.2d 817 · Supreme Court of Iowa · Apr 23, 1997

But, in order to qualify as “scientific knowledge,” an inference or assertion must be derived by the scientific method. … In essence, Balducci reasons from established propositions to reach his conclusion that VZIG is beneficial to the fetus.

Sanchez v. State

692 N.W.2d 812 · Supreme Court of Iowa · Feb 18, 2005

It presupposes that a licensee seeking renewal of a license previously qualified for and obtained a license. … For the reasons discussed in the equal protection analysis, the statute clearly meets that test. C.

Christenson v. Ramaeker

366 N.W.2d 905 · Supreme Court of Iowa · Apr 17, 1985

from liability by virtue of a qualified official immunity.”). … Qualified immunity is an affirmative defense, with the burden of proof on the person asserting it. Gomez v. Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920, 1924 , 64 L.Ed.2d 572, 577-78 (1980).

Summerhays v. Clark

509 N.W.2d 748 · Supreme Court of Iowa · Jan 21, 1994

Summerhays' argument rests on the notion that the employee goodwill fostered by a holiday party constitutes a sufficient quid pro quo to qualify as consideration—and hence a "sale"—under the statute. He cites State v. … Clearly, by not including licensees in the exclusion, the intent of the statute is to provide for liability against licensees.

Brewer v. State

444 N.W.2d 77 · Supreme Court of Iowa · Jul 19, 1989

Clearly, such proof is insufficient to justify relief under section 663A.2(4). Alternatively, Brewer argues that Duren v. … Brewer concedes the trial testimony established that Pennock had certain State charges against him dismissed, and that he had received immunity.

State ex rel. Jones v. Sargent

145 Iowa 298 · Supreme Court of Iowa · Jan 11, 1910

It is alleged that-the law under which the appointments were made is unconstitutional and void, and that the members so appointed were not qualified to serve. … There is hereby created and established a board of police and fire commissioners in cities of the first class and cities under special charter which, according to any state or national census heretofore or hereafter taken

Nixon v. State

704 N.W.2d 643 · Supreme Court of Iowa · Sep 30, 2005

Significantly, the legislature also established a statute-of-limitations period in the Act. … Clearly, the word "accrue" has taken on a new legal meaning.

State v. Johnson

257 Iowa 1052 · Supreme Court of Iowa · Jun 8, 1965

Ed.2d 448 , the United States Supreme Court held the mere taking of a blood sample alone by a qualified person was not an unreasonable search and seizure in violation of Amendment 14. … There it was clearly stated that when a notice of appeal is given, the trial court loses jurisdiction and it is immediately lodged in the supreme court.

Trachsel v. First Trust & Savings Bank

254 Iowa 1339 · Supreme Court of Iowa · Apr 9, 1963

In case of a failure of the named trustee in a charitable trust to qualify, the courts have power to appoint a successor. … This she attempts to do by pointing to- the language which prescribes a method for the appointment of a substitute trustee if the first named does- not qualify.

Doe v. Cedar Rapids Community School District

652 N.W.2d 439 · Supreme Court of Iowa · Sep 5, 2002

The minors further claim the School policies and the terms of the 1990 reprimand established a mandated procedure to prevent further abuse of students, and therefore there was no judgment involved in the School’s failure … The School clearly misapprehends the test we articulated in Goodman . Though the School exercised some discretion in this matter, that does not automatically guarantee immunity.

Jones County Trust & Savings Bank v. Kurt

192 Iowa 965 · Supreme Court of Iowa · Apr 7, 1921

No word in tbe writing indorsed upon tbe note negatives or qualifies such an idea. Tbe liabilities implied by indorsing a note can be qualified or restricted only by express terms. … The burden of proof was on the plaintiff to establish that it took the notes in good faith, before maturity, and without notice of these infirmities.

State v. Fox

491 N.W.2d 527 · Supreme Court of Iowa · Oct 21, 1992

However, unlike some federal courts, this court has required a showing of prejudice to establish a due process violation. See State v. Ivy, 300 N.W.2d 310, 314 (Iowa 1981); State v. … Such an abuse arises only if the record is clear that the trial court exercised its discretion on grounds or for reasons clearly unreasonable or untenable. Ruble, 372 N.W.2d at 218 .

Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, and Q.H., Appellee, v. VALLEY VIEW SWINE, LLC and JBS Live Pork, LLC, Appellants.

914 N.W.2d 223 · Supreme Court of Iowa · Jun 22, 2018

In its ruling, the district court noted the statutory immunity established in section 657.11 “unduly burdens the plaintiffs by denying them access to a lawful remedy for their alleged injuries to the person and/or to property … Whether the statutory immunity established in section 657.11(2) is unconstitutional as applied to the plaintiffs is inherently fact-specific.