Case law

Miner v. Lovilia Independent School District

212 Iowa 973 · Supreme Court of Iowa · Feb 10, 1931

And yet the very converse of this is clearly implied by the express language of 4229. … Could she qualify the written contract, thus relied on, by extrinsic matters and circumstances and thus give to the contract a different meaning from that which it carried on its face?

In the Interest of T.F and T.F., Minor Children

Supreme Court of Iowa · Mar 11, 2022

Clearly, Congress  21 has an overall objective in enacting ICWA to establish a framework for the preservation of Native American families wherever possible. C. … Clearly, under the Iowa definition, best interests of the child refers to practices designed to promote the establishment and maintenance of the relationship between the child and the tribal community.

Iowa Ass'n of Business & Industry v. City of Waterloo, The Waterloo Commission on Human Rights, and Martin M. Peterson, in His Official Capacity

Supreme Court of Iowa · Jun 18, 2021

As noted by the special concurrence, an analysis by the plaintiffs’ expert showed that a minimally qualified white person had a forty percent greater chance of being hired than a minimally qualified African … Iowa Code section 364.3(12)(a) only supersedes city ordinances establishing different “terms or conditions of employment.”

Central Savings & Loan Association v. Gaumer

167 N.W.2d 656 · Supreme Court of Iowa · May 6, 1969

Ashby filed his bond and oath and qualified as receiver herein. … Clearly, a sale under foreclosure is a statutory judicial sale. What is the special declaration of pur statute which removes the homestead from the defined definition?

State Ex Rel. Fletcher v. District Court

213 Iowa 822 · Supreme Court of Iowa · Sep 29, 1931

If the reasons given by the court for its action are clearly untenable or unreasonable, if its action clearly amounts to a denial of justice, if clearly against justice or conscience, reason and evidence it has abused its … The purpose of the affidavits in the form presented evidently was not to dispute the factual assertions in the state’s application but to qualify the affiants to give and to set forth their opinions that the prejudice and

State of Iowa v. James L. Mathias

Supreme Court of Iowa · Dec 6, 2019

The football game on September 22 would qualify as such a program. See Iowa Admin. Code r. 281—12.5(19)(a)(1)–(2). … Whether Substantial Evidence Supports a Finding that the Brady Street Athletic Complex Qualifies as the Grounds of a School.

Revere Transducers, Inc. v. Deere & Co.

595 N.W.2d 751 · Supreme Court of Iowa · Jun 3, 1999

Trade secrets would clearly fall within the definition of confidential information. … This category would include information that would neither qualify as a trade secret nor “general skill and knowledge.” Id.

In the Interest of T.F and T.F., Minor Children

Supreme Court of Iowa · Mar 11, 2022

Clearly, Congress  21 has an overall objective in enacting ICWA to establish a framework for the preservation of Native American families wherever possible. C. … Clearly, under the Iowa definition, best interests of the child refers to practices designed to promote the establishment and maintenance of the relationship between the child and the tribal community.

State v. Jiles

258 Iowa 1324 · Supreme Court of Iowa · May 3, 1966

. *1332 Subject to certain rather well defined limitations, there is no logical basis upon which to prohibit the presentation of opinion evidence by qualified persons based upon generally acceptable and scientifically established … I. agent to voice his opinions and conclusions based upon experience, knowledge and experiments clearly shown to be acceptable and proper under the circumstances. II.

Planned Parenthood of the Heartland, Inc., Emma Goldman Clinic, and Sarah Traxler M.D. v. Kim Reynolds ex rel. State of Iowa, and Iowa Board of Medicine

Supreme Court of Iowa · Jun 28, 2024

The 1998 amendment was clearly meant to erase all that. … I think that answer is clearly yes.

American Laundry Machinery Co. v. Everybody's Laundry

185 Iowa 760 · Supreme Court of Iowa · Mar 18, 1919

This is clearly a statement or allegation of a legal conclusion, and raises no issue of fact upon any allegation of the petition (Plagmann v. … Upon *773 the conceded facts, we hold the plaintiff is entitled to have a prior lien upon the property in controversy established and confirmed.

Cook v. Marshall County

119 Iowa 384 · Supreme Court of Iowa · Feb 2, 1903

the state has declared to be injurious to the public morals, the public health, or the public peace, and has, therefore, forbidden altogether, or placed under strict police regulations, they are morally certain t) seek immunity … Moreover,, it is a well-established principle, which this court his often applied, that it is the duty of the courts to give such a construction to an act, if possible, as will avoid the necessity of holding it void for unconstitutionality

Newell v. Estate of Newell

198 Iowa 710 · Supreme Court of Iowa · Oct 17, 1924

In September, 1921, claimant petitioned the court for appointment as administratrix, and she was appointed and qualified. Later, A. W. Enoch was appointed to investigate in regard to the claim of plaintiff. … The principal question, as appellant states it, is that plaintiff was not entitled to a directed verdict because the facts necessary to be established by her were not admitted in the pleadings or conceded on the trial or

Pexa v. Auto Owners Insurance Co.

686 N.W.2d 150 · Supreme Court of Iowa · Sep 1, 2004

The reasonable value of medical services can be shown by evidence of the amount paid for such services or through the testimony of a qualified expert witness. Stanley, 197 N.W.2d at 606 ; Arnold v. Ft. … An abuse of discretion occurs when the court’s decision is based on a ground or reason that is clearly untenable or when the court’s discretion is exercised to a clearly unreasonable degree. Graber v.

Iowa Supreme Court Attorney Disciplinary Board v. Michael H. Said

Supreme Court of Iowa · Jan 8, 2021

According to Pritchett, the receipt of mysterious phone calls was not enough to establish a qualifying crime. … of the listed qualifying crimes.

Blackford v. Anderson

226 Iowa 1138 · Supreme Court of Iowa · Jun 20, 1939

The plaintiff-appellee was appointed executor, and he qualified. … These last statements clearly establish that the quoted words in Item 3 and paragraph 3 thereof were inadvertent and should be disregarded. And if they were not inadvertent they cannot be said to be controlling.

In Re The Marriage Of David A. Brown And Pamela S. Brown, Upon The Petition Of David A. Brown

Supreme Court of Iowa · Dec 18, 2009

It is well established that the divorce decree was therefore final and settled all rights and interests of the parties in the property of one another. Carr v. … Effect is to be given to that which is clearly implied as well as to that which is expressed.

State Of Iowa Vs. Kevin Kawanzel Harris

Supreme Court of Iowa · Aug 24, 2007

The detective left Harris in the interrogation room until approximately 11:37 a.m. when he returned with the county attorney’s offer of testimonial immunity. … “To establish harmless error, the State must ‘prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.’ ” Id. at 431.

Hurd v. Iowa Department of Human Services

580 N.W.2d 383 · Supreme Court of Iowa · Jun 15, 1998

Hurd contends that the phrase “in contested cases” mentioned in IAC rule 441-95.12(3) establishes his right to a “contested ease” *388 hearing before the agency. … Here, neither party contends that the CSRU’s action with respect to disclosing information to consumer reporting agencies qualifies as rule-making.

Kuehn v. Jenkins

251 Iowa 718 · Supreme Court of Iowa · Jan 12, 1960

The question of lookout was clearly one for the jury. III. … But we have established the rule in Iowa, and the difference is generally recognized in other jurisdictions. We are not disposed to change it.