Case law

Franklin Manufacturing Co. v. Iowa Civil Rights Commission

270 N.W.2d 829 · Supreme Court of Iowa · Oct 18, 1978

In construing statutes, we observe well established rules. We listed a number of these principles in Iowa National Industrial Loan Co. v. … The exclusion of all pregnancy-related conditions is thus clearly discriminatory. Franklin also asks us to deny the claims of Mrs. John and Mrs. Bishop because pregnancy is both a “voluntary and desirable” condition.

Warder & Lee Elevator, Inc. v. Britten

274 N.W.2d 339 · Supreme Court of Iowa · Jan 24, 1979

These Iowa cases the majority relies on hold only that the statute of frauds does not forbid oral proof of the unilateral promise for the purpose of establishing promissory estoppel. … I doubt these matters qualify for judicial notice as being within common knowledge or capable of certain verification. Motor Club of Iowa v. Department of Transp., 251 N.W.2d 510, 517 (Iowa 1977).

Matter of Estate of Herm

284 N.W.2d 191 · Supreme Court of Iowa · Oct 17, 1979

Arthur’s general objections to the letter as a whole when a portion was clearly admissible were properly overruled. … The burden of proceeding with the evidence then shifts to the claimant to establish by clear and convincing proof that the advantage was procured without undue influence. Id.; see Jeager v.

Amended July 17, 2017 State of Iowa v. Vernon Lee Huser

Supreme Court of Iowa · May 5, 2017

Item #5 does not qualify as such a statement in my view. … Nor were there corroborating circumstances that clearly indicate its truthfulness. Item #6 does not qualify, either.

Talbott v. Independent School District

230 Iowa 949 · Supreme Court of Iowa · Aug 4, 1941

That established a legislative status for teachers, but we fail to see that it established a contractual one that the Legislature may not modify. * * * The status of tenure teachers, while in one sense perhaps contractual … We are clearly of the opinion that no rights of the appellee have been invaded. The trial court was in error in granting her a pension from June 5, 1935 to May 29, 1936.

Borst Brothers Construction, Inc. v. Finance of America Commercial, LLC

Supreme Court of Iowa · Jun 17, 2022

We are not deciding today whether the secretary of state has been clearly vested with interpretive authority over section 572.13A(2). … Eurich, 831 N.E.2d 909, 913 (Mass. 2005) (“Clearly, EPS, as the bank’s servicing agent, had a business duty accurately to maintain such records for the bank.

First Bank & Trust Co. v. Whipp

230 Iowa 911 · Supreme Court of Iowa · Aug 4, 1941

That purpose is thus clearly stated in Bank v. … As plaintiff has not established the holding of the 170 shares which had been pledged to Mrs.

Stanley v. Southwestern Community College Merged Area

184 N.W.2d 29 · Supreme Court of Iowa · Feb 9, 1971

A review of the challenged sections convinces us that they clearly dealt with “one general subject”. … 31) They allege that the plan submitted to the State Board did not contain a description of the geographic limits of the proposed merged area as required by section 280A.5; it did not contain assurances that adequate and qualified

Estate of Michael G. Cox II by Executors, Joleen Cox and Michael G. Cox Sr., and Joleen Cox, Individually and Michael G. Cox Sr., Individually. v. Dunakey & Klatt, P.C. N/K/A Klatt, Odekirk, Augustine, Sayer, Treinen & Rastede, P.C.

893 N.W.2d 295 · Supreme Court of Iowa · Apr 7, 2017

Thus, as of June 5, there was clearly no deal. Harding then went away from the office for approximately ten days. … Regardless, Joensen clearly did not accept the June 5 proposal at that time. See Rick v.

State v. Rogers

251 N.W.2d 239 · Supreme Court of Iowa · Mar 16, 1977

The great discretion this language *242 grants federal sentencing courts to establish conditions of probation is touched on, infra. … Rhay, 78 Wash.2d 116, 119 , 470 P.2d 180, 182 , "To qualify for appointed counsel, it is not necessary that an accused person be utterly destitute or totally insolvent.

In re Estate of Franken

Supreme Court of Iowa · Jun 12, 2020

Hanes, 248 Iowa 742, 748–49, 82 N.W.2d 119, 120–23 (1957) (“Only those who possess a title which complies with the conditions of [section 614.17A] are qualified to invoke its aid.”). … That action clearly falls within the statute of limitations. V.

Miller v. Mutual Benefit Life Insurance

31 Iowa 216 · Supreme Court of Iowa · Apr 5, 1871

J., very clearly and forcibly illustrated the distinction between a warranty and a representation. He said: “ The difference ” (between a warranty and a representation) “is most essential. … Staples, who attended Miller in his last sickness, and whose practice for fifteen years qualifies him to speak as an expert as to the cause of Miller’s disease.

Olsen v. Olsen

168 Iowa 634 · Supreme Court of Iowa · Feb 9, 1915

Bladt, and it is ordered that judgment be entered accordingly and that execution issue to enforce the payment of the same. 2. deeds - confraüdt-Vfidiibuí-deneoftlon: pl00f' We are satisfied that the weight of the evidence clearly … That the mere fact that the distribution made by a parent of his property among children appears unreasonable or unjust will not alone establish undue influence.

BD. OF DIRS. OF AMES SC. DIST. v. Cullinan

745 N.W.2d 487 · Supreme Court of Iowa · Feb 29, 2008

The players’ statements were made under circumstances that tended to establish credibility. … The board concluded that both bases for termination had been established.

State v. Hamilton

309 N.W.2d 471 · Supreme Court of Iowa · Aug 26, 1981

Nor was it intended to be a device to give a defendant absolute immunity from prosecution. State v. Cennon, 201 N.W.2d 715, 718 (Iowa 1972); see State v. Zaehringer, 306 N.W.2d 792 (Iowa 1981). … Defendant thus contends that the jury had to make one inference the basis for another, which he claims is clearly improper under State v. Leib, 198 Iowa 1315 , 201 N.W. 29 (1924).

IBP, Inc. v. Burress

776 N.W.2d 102 · Supreme Court of Iowa · Jul 10, 2009

`Substantial evidence' means the quantity and quality of evidence that would be deemed sufficient by a neutral, detached, and reasonable person, to establish the fact at issue when the consequences resulting from the establishment … An abuse of discretion occurs when the commissioner's exercise of discretion is "clearly erroneous or rests on untenable grounds." Waters, 674 N.W.2d at 96 . III. Merits.

Perin v. Hayne

210 N.W.2d 609 · Supreme Court of Iowa · Sep 19, 1973

We recognize three possible means to establish specific negligence of a physician. … Plaintiff candidly admits defendant’s assurances were qualified and expressed only in terms of experience of most other patients. What he said was factual and was neither given nor received as a risk-free guarantee.

Farmland Foods, Inc. v. Dubuque Human Rights Commission

672 N.W.2d 733 · Supreme Court of Iowa · Dec 17, 2003

Generally, the plant recognized seniority in making job assignments, and qualified employees with seniority could request to move to open positions. … Clearly, most of the evidence presented in the case concerned events that predated the relevant 180-day time period. Thus, we must consider if Taylor’s claims were timely filed.

Amended May 4, 2015 Dylan Book and Karen Book v. Voma Tire Corporation, Hunter Engineering Company, Iowa Tire, Inc., Holt Sales and Service, Inc., SICE, S.p.A. and SICE Automotive Equipment Societa Italiana Costruzioni Elettromeccaniche S.I.C.E.-S.p.A.

860 N.W.2d 576 · Supreme Court of Iowa · Mar 6, 2015

at the Chinese port, but that mode of sale and shipment does not create immunity from tort liability or preclude jurisdiction in the destination where the tires are shipped. See Luv N’ Care, Ltd. v. … Their interest in obtaining convenient relief at home clearly outweighs Doublestar’s interest in avoiding Iowa in favor of Tennessee.

Schmith v. Union Mutual Casualty Co.

216 Iowa 936 · Supreme Court of Iowa · Apr 4, 1933

To the end that the issues and controversies here presented may be clearly understood, it is necessary that we detail the facts and circumstances pertaining to the issuance of the policy of insurance and subsequent events … The errors relied upon for reversal are: (1) “The facts, as stipulated, establish, as a matter of law, that a contract of insurance existed on December 24, 1930.” (2) “The facts, as stipulated, establish, as a matter of law