Case law

Alan Andersen v. Sohit Khanna and Iowa Heart Center

913 N.W.2d 526 · Supreme Court of Iowa · Jun 15, 2018

Khanna was not qualified." The court ruled that limine request was SUSTAINED as to negligent credentialing. Dr. … State , 906 N.W.2d 186 , 194 (Iowa 2018) ("A court abuses its discretion when the grounds or reasons for the court's decision are 'clearly untenable' or when the court has exercised its discretion to an extent that is 'clearly

Doe v. Johnston

476 N.W.2d 28 · Supreme Court of Iowa · Sep 18, 1991

Exceptionally well-qualified witnesses from across the country offered their expert opinions on these issues, pro and con. … Clearly, however, the evidence of materiality was in conflict, and the court properly submitted the issue to the jury.

Morgan v. State

469 N.W.2d 419 · Supreme Court of Iowa · Apr 17, 1991

Clearly Morgan’s conviction was final when the Supreme Court decided Coy v. Iowa. … But that mistake falls short of qualifying as a breach of an essentia] duty. B. Prejudice. Morgan also falls short of establishing prejudice.

Lemars Mutual Insurance Co. v. Joffer

574 N.W.2d 303 · Supreme Court of Iowa · Jan 21, 1998

However, a mere disagreement between the parties regarding the meaning of undefined terms does not automatically establish an ambiguity. A.Y. McDonald, 475 N.W.2d at 619 . … The exclusion clearly prevents an insured from being able to recover under more than one un-derinsured motorist provision. Id.

Madison Silos, Division of Martin Marietta Corp. v. Wassom

215 N.W.2d 494 · Supreme Court of Iowa · Feb 20, 1974

Here again trial courts are accorded broad discretion and absent clearly shown abuse thereof we will not interfere. See State v. … First, there was clearly no occasion for the jury to proceed with any measurement of damages unless the foundational findings were for Wassom.

Security State Bank v. Taylor

421 N.W.2d 877 · Supreme Court of Iowa · Apr 13, 1988

The appointment here was not extrajudicial; it was made by a court in a pending case, with jurisdiction clearly established over the debtors and the subject matter. … Article I, § 6 provides: "All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall

In Re the Marriage of Steven Michael Gust and Linda Leann Gust Upon the Petition of Steven Michael Gust

858 N.W.2d 402 · Supreme Court of Iowa · Jan 16, 2015

The Academy urges a guideline approach where marriages over twenty years qualify for unlimited spousal support. See id. at 80. … While clearly not binding on an Iowa court, the AAML guidelines nonetheless provide a useful reality check with respect to an award of traditional spousal support. See, e.g., Boe-mio v.

State Of Iowa Vs. Gaspar Fidel Gonzalez, Jr.

Supreme Court of Iowa · Jul 21, 2006

Gonzalez’s provision of such mental health services qualifies him as a “counselor or therapist” for purposes of Iowa Code section 709.15. … If a statute lacks clearly defined prohibitions,  9 then it is void for vagueness. Wiederien, 709 N.W.2d at 542.

State v. Howard

191 Iowa 728 · Supreme Court of Iowa · Jun 21, 1921

The tent was lighted only by a near-by electric street lamp; but, according to the testimony of the witnesses, the light was sufficient to make at least the outlines of the parties clearly visible. … The defendant did not, however, qualify as a deputy sheriff, as required by law. As we understand the record, he was paid for his services by the fair association.

State Of Iowa Vs. Reynold Raynaldo Ondayog

Supreme Court of Iowa · Oct 20, 2006

The fact that a particular decision was made for tactical reasons does not, however, automatically immunize the decision from a Sixth Amendment challenge. … Conclusion Ondayog has failed to establish his claim of ineffective assistance of counsel.

State Ex Rel. Fletcher v. Naumann

213 Iowa 418 · Supreme Court of Iowa · Nov 19, 1931

Clearly, the evidence fails to show that the defendant did anything illegal, knowing it to be such. … The burden was upon the state to establish that the claims relied on were not liquidated claims as herein defined.

Van Wechel v. Van Wechel

178 Iowa 491 · Supreme Court of Iowa · Nov 21, 1916

The burden rests upon plaintiffs to establish this avoidance of the limitation by a preponderance of the evidence, and this, we are very clear, they have failed to do. … which has been held in abeyance for more than 30 years, and until the party charged with wrong is dead, ought not to have favorable consideration in the courts, except upon'a very clear showing of right, together with a clearly

Wheatley Ex Rel. Wheatley v. Heideman

251 Iowa 695 · Supreme Court of Iowa · Apr 5, 1960

This ground was clearly good and should have been sustained. … On direct examination defendant clearly inferred he suspected from the start plaintiff’s eyeball was injured. His testimony he advised Mrs.

Krupp Place 1 Co-op, Inc. and Krupp Place 2 Co-op, Inc. v. Board of Review of Jasper County, Iowa

801 N.W.2d 9 · Supreme Court of Iowa · Jul 29, 2011

We reasoned “the fact that the ‘members’ of the cooperative have no rights to ownership or management of the enterprise clearly defeats the purposes underlying section 499A.14’s residential tax property tax benefit.” … The statute still requires actual residency for a taxpayer to qualify for a homestead exemption.

Hinds v. Hinds

1 Iowa 36 · Supreme Court of Iowa · Jun 15, 1855

The place where a man carries on his established business, and has his permanent residence, is his domicil. Inhabitance and residence are generally used as synonymous terms. … It is said that in these sections the word “ citizen,” as well as the word “resident,” is used, and that the design was to qualify thereby the character of the residence.

Riley v. Board of Trustees of Policemen's Pension Fund

210 Iowa 449 · Supreme Court of Iowa · Jan 14, 1930

The defendants, being the chief of police, city treasurer, and city solicitor in the city of Des Moines, are ex officio the duly qualified and acting trustees of the policemen’s pension fund of the city of Des Moines. … The Gaffney case is clearly distinguishable from the one at bar.

Brown v. Bradford

103 Iowa 378 · Supreme Court of Iowa · Oct 21, 1897

Whether this impairment was due to an overvaluation of the real estate given by Lemon in exchange for his stock does not clearly appear, although this is a fair inference from the transaction. … First, we do not think he has established the agreement said to have ■been made by the examiner.

In Re Trusteeship Washington L. T. Co.

214 Iowa 884 · Supreme Court of Iowa · Mar 8, 1932

Whether the title of the trustees to the securities is absolute or qualified, it is for the purpose of carrying out the agreement and obligations of the company and is obviously sufficient therefor. … The makers of the note clearly never intended to become investors for any other purpose than the payment of their obligation.

Community Lutheran School v. Iowa Department of Job Service

326 N.W.2d 286 · Supreme Court of Iowa · Nov 24, 1982

The record establishes that the Lutheran schools are separately incorporated and have a legal existence apart from the churches that formed them. The test delineated in St. … Thus, Congress clearly expected that the "operated primarily for religious purposes" language contained in section 3309(b)(1)(B) be narrowly construed, at least as applied to educational institutions. B.

State v. Brewer

218 Iowa 1287 · Supreme Court of Iowa · May 15, 1934

The evidence of the defendant establishes clearly that he was quite calm and collected at the time of the fatal occurrence. He picked up his overcoat and took it with him into the side room. … There is no suggestion in the record, however, and no complaint on the part of appellant, that the members of the jury which tried him were not properly qualified to serve in the trial of the case.