Case law

Planned Parenthood of the Heartland, Inc. and Jill Meadows v. Iowa Board of Medicine

Supreme Court of Iowa · Jun 19, 2015

If the ultrasound images are of poor quality or do not clearly show the gestational sac, the physician does not dispense the medication to the woman. … Ed. 2d 687 (1983)] that the State may not require that a physician, as opposed to a qualified assistant, provide information relevant to a woman’s informed consent.

State of Iowa v. Scottize Danyelle Brown

930 N.W.2d 840 · Supreme Court of Iowa · Jun 28, 2019

In considering the question of qualified immunity, the Court concluded that "a reasonable officer," looking at the totality of circumstances, could have concluded that there was a legal basis for the arrests. … Yet Justice Ginsburg recognized that the position advocated by the plaintiffs in the case was not embraced by "settled law" and, as a result, the Court correctly decided the issue of qualified immunity. Id.

Heitman v. Clancy

167 Iowa 58 · Supreme Court of Iowa · Oct 6, 1914

This is denied by defendants, and plaintiff has not r established such fact. … The representations made by Muxfeldt were untrue and clearly fraudulent. Plaintiff may not reap any benefit therefrom in this equitable action.

In Re Estate of Hager

212 Iowa 851 · Supreme Court of Iowa · Mar 17, 1931

On the contrary, in such circumstances an abatement from the purchase price would be clearly inequitable.” In Cock v. Norwood, (Tex.) 243 S. … The decrees merely provide that the amount for which the estate is found to be liable are established as claims against the estate, and this is shown by the abstract of title.

Kirby v. Chicago, Rock Island & Pacific Railway Co.

173 Iowa 144 · Supreme Court of Iowa · Dec 16, 1915

We are clearly of opinion that the court erred in the respects mentioned. … Again, it is said that some of plaintiff’s experts did not sufficiently qualify themselves to give professional opinions.

Henrich v. Lorenz

448 N.W.2d 327 · Supreme Court of Iowa · Nov 22, 1989

Nevertheless, the defendants are not entitled to reversal on this ground, for they are clearly Henrich’s coemployees under chapter 85. The legislature may act as its own lexicographer. … Nothing in chapter 85 requires that employees of a common employer be working at similar tasks or in close proximity to one another to qualify as coemployees under section 85.20.

State of Iowa v. Jarrod Dale Majors

Supreme Court of Iowa · Mar 6, 2020

There is nothing in the record to establish her qualifications with regard to child developmental psychology. … In the plea colloquy, Majors generally admitted the facts in the trial information, but examination of the minutes do not clearly establish the basis for attempted murder.  59 attempted

In the Interest of Johnson

257 N.W.2d 47 · Supreme Court of Iowa · Aug 31, 1977

However, because clearly a "liberty" interest is at stake in light of Gault and its progeny, we still must construe the second portion of this section of our Iowa Bill of Rights. … The juvenile court system was not established in Iowa until 1904 and obviously was not specifically foreseen by the delegates to the 1857 convention.

State v. Birkestrand

239 N.W.2d 353 · Supreme Court of Iowa · Feb 18, 1976

O’Kelly, 211 N.W.2d 589, 593 (Iowa 1973), where this court squarely rejected the “episodic immunity” test in resolving a double jeopardy issue. At first glance it would appear Bell v. … Clearly the former is not included in the latter. See Melby v. State, 70 Wis.2d 368 , 234 N.W.2d 634, 640-641 (1975). This view is supported by the fact that two different controlled substances are here involved.

Correll v. Goodfellow

255 Iowa 1237 · Supreme Court of Iowa · Jan 14, 1964

Slater, 250 Iowa 857, 864 , 96 N.W.2d 904, 908, 909 (“* * * we may assume the issues will then be clearly resolved, * * *.”). Our problem is not the usual one, however. … Defendant tells us in argument the true issue is whether he departed from the standard of those qualified to prescribe and apply ultrasonic therapy.

State v. Hicks

277 N.W.2d 889 · Supreme Court of Iowa · Apr 25, 1979

In order to show abuse of discretion, the defendant must prove that the judge’s discretion “was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. … Hicks has the burden of establishing the requirements for a new-trial grant on the basis of newly discovered evidence. State v. Compiano, 261 Iowa 509, 518 , 154 N.W.2d 845 , 850 (1967). See also State v.

A. David Ostrem, Sr. v. Prideco Secure Loan Fund, Lp

841 N.W.2d 882 · Supreme Court of Iowa · Jan 10, 2014

See Duris, 684 F.2d at 356 (explaining that not imputing the contacts of a predecessor to a successor for purposes of personal jurisdiction “would allow corporations to immunize themselves by formalistically changing their … Clearly the cause of action regarding the personal guaranty, as one part of the financing arrangement, arises out of these contacts with Iowa.

Sherman v. Western Stage Co.

24 Iowa 515 · Supreme Court of Iowa · May 16, 1868

See also the seventeenth instruction refused, as to mutual negligence, which clearly embodies the true and settled rule on that subject. … managing the boat, is the negligence of the defendant itself; and if the fact be proved, that this life was lost on the line of the defendant while being carried as a passenger by the defendant, it is sufficient prima facie to establish

State of Iowa v. Dale Dean Pettijohn Jr.

899 N.W.2d 1 · Supreme Court of Iowa · Jun 30, 2017

Nevertheless, McNeely clearly did not treat the statutorily implied consent in the Missouri statute as consent under the Fourth Amendment. … Additionally, effective consent to a warrantless search may be limited, qualified, or withdrawn. Florida v.

Home Indemnity Co. v. State Bank

233 Iowa 103 · Supreme Court of Iowa · Apr 6, 1943

The testimony of the assistant cashier clearly establishes this. … It is complaining of the dereliction of the bank, a dereliction which seems to me to be clearly established by law.

Southard v. Visa U.S.A. Inc.

734 N.W.2d 192 · Supreme Court of Iowa · Jun 22, 2007

The defendants filed a motion to dismiss the pjaintiffs’ action on the basis that under well-established, common-law principles the plaintiffs could not recover for derivative or remote injuries. … Clearly, the injuries alleged by the plaintiffs are not even indirect, as the plaintiffs are not in the chain of distribution. Their injuries are better described as derivative.

Randolph Foods, Incorporated v. McLaughlin

253 Iowa 1258 · Supreme Court of Iowa · Jun 12, 1962

He is an examiner of disputed documents, and ap *1272 pears highly qualified as an expert on the matter to which he testified. … be established upon trial of the law actions.

Staff Management and New Hampshire Insurance Company v. Pascuala Jimenez

839 N.W.2d 640 · Supreme Court of Iowa · Nov 15, 2013

If so, the undocumented worker cannot qualify for benefits under the Iowa Workers’ Compensation Act for lack of a contract of service. … the establishment of that fact are understood to be serious and of great importance.

Brier v. Chicago, Rock Island & Pacific Railway Co.

183 Iowa 1212 · Supreme Court of Iowa · Jun 27, 1918

Clearly, then, they ought to be permitted to say whether a wound caused pain. Shelton v. State, 34 Tex. 662 ; Commonwealth v. Bell, 164 Pa. 517 ( 30 Atl. 511 ). … to be established is, What did cause the conditions found to exist?

Cameron Fagen v. Grand View University, Npi Security, and Ross Iddings

861 N.W.2d 825 · Supreme Court of Iowa · Apr 3, 2015

Rather, the privilege is qualified and to determine if the privilege *831 attaches we use a balancing test. Id. at 759 . … Iddings contends he needs Fagen’s mental health records to establish a baseline of Fagen’s mental condition prior to the assault.