Case law

Kimberly S. Jasper Vs. H. Nizam, Inc. D/b/a Kid University And Mohsin Hussain, Individually And In His Corporate Capacity

Supreme Court of Iowa · Jan 23, 2009

It determined Jasper failed to establish the existence of a well-recognized and clearly defined public policy to support her cause of action and that she failed to present substantial evidence to show she was terminated … Lastly, Kid University argues that this particular administrative regulation is too detailed and confusing to qualify as a “clearly defined” public policy.

Mercer v. Pittway Corp.

616 N.W.2d 602 · Supreme Court of Iowa · Sep 7, 2000

An abuse of discretion occurs when “the court exercised [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” Waits, 572 N.W.2d at 569 (quoting State v. … Third, the witness must be qualified as an expert by knowledge, skill, experience, training, or education. Id.; accord Leaf, 590 N.W.2d at 533 .

Robert Oberbillig and Patricia Oberbillig and Frank Scaglione and Melba Scaglione v. West Grand Towers Condominium Association

807 N.W.2d 143 · Supreme Court of Iowa · Dec 16, 2011

Lohr, we observed, “Normally, however, referential, relative, or qualifying words and phrases refer only to the immediately preceding antecedent.” 266 N.W.2d 1, 3 (Iowa 1978). … Indeed, Oberbillig acknowledged “it clearly was an emergency” when the heat exchanger failed and was replaced at a cost of $380,000.

State v. Redmon

244 N.W.2d 792 · Supreme Court of Iowa · Aug 30, 1976

However, the Colorado court later in the opinion qualified the statutory approach by announcing that when warranted by the evidence, a theory of the case instruction which permits the jury to find a defendant innocent of … In the court’s opinion the statutes and not the accusatory pleading or charge must establish the essential elements of the offense charged.

Amended August 8, 2017 Pamela Plowman and Jeremy Plowman v. Fort Madison Community Hospital, Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Center, and Fort Madison Physicians and Surgeons

Supreme Court of Iowa · Jun 2, 2017

Although this contractual physician–patient relationship is sufficient to establish a duty, it is not required. Id. … Yet even if one could argue for the Oswald exception here, plaintiffs’ lawsuit has clearly traveled some distance from a traditional medical malpractice claim.

Equitable Life Insurance v. Mann

229 Iowa 945 · Supreme Court of Iowa · Dec 31, 1940

was contestable any time after the death of the insured which occurred before the expiration of the two years from the date of the policy and plaintiff had an adequate remedy at law in that the representations could be established … The provision, ‘ during the lifetime of the insured,’ clearly modifies and qualifies the phrases ‘in force’ and ‘for a period of one year.’

Amended October 25, 2016 Kelli Jo Griffin v. Paul Pate, in His Official Capacities as the Secretary of State of Iowa, and Denise Fraise, in Her Official Capacities as the County Auditor of Lee County, Iowa

Supreme Court of Iowa · Jun 30, 2016

Additionally, otherwise- qualified electors can be disqualified from voting. … In this case, the legislative judgment was clearly expressed, and there are no facts or scientific evidence to undermine that judgment.

Charlene Jorgensen and Michael Jorgensen v. Adam B. Smith, Adam Smith, M.D., P.C., and Tri-State Specialists, L.L.P.

Supreme Court of Iowa · Feb 9, 2024

Id. § 147.136A(1)(a) (emphasis omitted).  8 Applying the statutory text to the undisputed facts, we conclude that Tri- State qualifies as a “health care provider.” … Even when the record clearly shows that a surgeon was unfit, though, expert testimony could still be necessary for other issues.

In Re Steinberg Family Living Trust David L. Steinberg v. Steven C. Steinberg

894 N.W.2d 463 · Supreme Court of Iowa · Apr 28, 2017

Under our prior caselaw, the Winnebago property is clearly adeemed. … We think it is clear that the third sentence of Article 5, section B qualifies the first sentence. The first sentence leaves a specific gift to David—the Iowa property.

State v. Tornquist

254 Iowa 1135 · Supreme Court of Iowa · Mar 12, 1963

Preacher, a qualified pathologist, performed an autopsy on Jackie’s body on the evening of February 21. … It was not the province of the police to interfere with the choice of an attorney for the defendant, nor to decide whether the attorney suggested was qualified to appear for him.

In Re Guardianship of Jordan

616 N.W.2d 553 · Supreme Court of Iowa · Sep 7, 2000

Prior to submitting the matter for court approval, Remer obtained two appraisals from qualified farm appraisers. One ap *557 praisal valued Bessie’s interest at $525 per acre and the other at $575 per acre. … There was clearly no basis to charge Bessie’s conservatorship account for any of these services, and the district court properly entered judgment against Remer for those accounting fees that had been paid from her funds.

Cogley Clinic v. Martini

253 Iowa 541 · Supreme Court of Iowa · Jan 9, 1962

The burden of establishing reasonableness is upon the party seeking to enforce the covenant, he not being per se entitled to its enforcement. Mutual Loan Co. v. … Doctor Cogley stated: “There are none of our surgeons in our Clinic who are qualified orthopedic surgeons who would be able to do some of the things that Doctor Martini did when he was with us.”

Exira Community School District v. State

512 N.W.2d 787 · Supreme Court of Iowa · Feb 23, 1994

And, second, “any scheme of local taxation — indeed the very existence of identifiable local governmental units — re *795 quires the establishment of jurisdictional boundaries that are inevitably arbitrary.” … Clearly, under this record, it does not. Up to this point, we have been addressing the appellants’ relative need argument which is the lynehpin of their constitutional challenges.

McCurdy v. Gilleland

236 Iowa 362 · Supreme Court of Iowa · Mar 6, 1945

It is also alleged that: On January 13, 1942, Mae McCurdy, on her petition, was appointed and qualified as the administratrix of the estate of her mother, Dora Johnson Gilleland, which she administered to the approval of … Section 11957 of the 1939 Code provides that claims shall be clearly stated, and, if on a written instrument, it or a copy shall be attached showing all endorsements, and if upon an account, an itemized copy shall be attached

Financial Marketing Services, Inc. v. Hawkeye Bank & Trust of Des Moines

588 N.W.2d 450 · Supreme Court of Iowa · Jan 21, 1999

Clearly the policyholder information was as accessible to [the insurance company] as to Burke. … As for the last factor, the record establishes that the parties were independent business entities.

Pamela Plowman and Jeremy Plowman v. Fort Madison Community Hospital, Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Center, and Fort Madison Physicians and Surgeons

896 N.W.2d 393 · Supreme Court of Iowa · Jun 2, 2017

Although this contractual physician–patient relationship is sufficient to establish a duty, it is not required. Id. … Yet even if one could argue for the Oswald exception here, plaintiffs’ lawsuit has clearly traveled some distance from a traditional medical malpractice claim.

Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. Gartin

272 N.W.2d 485 · Supreme Court of Iowa · Dec 20, 1978

Thus a portion of the respondent’s conduct in preparing abstracts clearly antedated the change in the local title standards. … Only his presence is established, although the record does disclose he prepared the abstract of title in one instance. We have dealt with the abstract issue herein.

Hawkeye Foodservice Distribution, Inc. v. Iowa Educators Corporation

812 N.W.2d 600 · Supreme Court of Iowa · Feb 24, 2012

(Martin Brothers) as its prime vendor for foodservice and related products, regardless of arguably superior bids from other qualified vendors. The director of IEC is Dan Dreyer, a former employee of Martin Brothers. … If Hawkeye is able to establish the facts contained in the petition, then it has established a violation of chapter 28E.

John Baker and Valerie Baker v. City of Iowa City, Iowa and Iowa City Human Rights Commission

867 N.W.2d 44 · Supreme Court of Iowa · May 22, 2015

An abuse of discretion occurs when the district court bases its decision on grounds clearly untenable or to an extent clearly unreasonable. Id. … The employer still has the prerogative of employing the best person qualified for the position as long as his or her employment decision does not discriminate based on the age, color, creed, disability, gender identity

McCandless v. District Court of Polk County

245 Iowa 599 · Supreme Court of Iowa · Dec 15, 1953

We have already established in the case of Pines v. … The petitioner has been denied the right granted him; the mischief which the constitution and the statutes were aimed to eliminate clearly appears.