Case law

Rob Sand, Auditor of the State of Iowa v. John Doe, in His Official Capacity and Unnamed State Agency, State of Iowa

Supreme Court of Iowa · Apr 30, 2021

IV, § 22 (“A secretary of state, an auditor of state and a treasurer of state shall be elected by the qualified electors . . . .”); Iowa Admin. … The Iowa Code grants the auditor of state broad access to all information when conducting an audit, as the statute establishes: 1.

Ingebretsen v. Minneapolis & St. Louis Railroad

176 Iowa 74 · Supreme Court of Iowa · Dec 17, 1915

The witnesses were qualified surgeons. It is well known that the X-ray is almost universally understood and used by surgeons of the present day in examining injuries. … Yery clearly, the objection that this is an invasion of the province of the jury is not well taken. See Manton v. Stevens, 170 Iowa 495, 508 .

Atwood v. Vilsack

725 N.W.2d 641 · Supreme Court of Iowa · Dec 29, 2006

Accordingly, we conclude the legislature clearly intended chapter 229A to preclude bail for detainees at the pre-trial stage. … Although the statute does not expressly direct discharge of the detainee in the event probable cause is not established, this is clearly implied. 4 .

Bauer v. Reavell

219 Iowa 1212 · Supreme Court of Iowa · Apr 3, 1935

This general rule is qualified only by the doctrine of res ipsa loquitur, but this doctrine has no application where specific acts of negligence are alleged. Orr v. … Yet all three of them testify that they could see clearly objects such as the telephone pole and the slow sign and even the shadows cast by the objects near the filling station for about 50 feet, and that they were looking

Larry R. Hedlund v. State of Iowa

930 N.W.2d 707 · Supreme Court of Iowa · Jun 28, 2019

Defendants articulate such disclosures were not made to a qualifying public official or law enforcement agency. … Hedlund must establish a prima facie case for the outrageous conduct element. Id.

State of Iowa v. David R. Desimone

839 N.W.2d 660 · Supreme Court of Iowa · Nov 15, 2013

We review a district court’s ruling on an individual’s application to establish he or she was a wrongfully imprisoned person for errors at law. State v. McCoy, 742 N.W.2d 593, 596 (Iowa 2007). … Clearly, this wording would have precluded the wrongful imprisonment cause of action from being pursued in a case such as McCoy—where the conviction was reversed because a confession

State Of Iowa Vs. Bradley Dale Shipley

Supreme Court of Iowa · Jul 18, 2008

It is clearly designed to allow for the routine introduction into evidence of certified driving records with a minimum of foundational requirements. … Although the parties do not always clearly distinguish them, there are two distinct confrontation issues lurking in the shadows of this case.

State of Iowa v. Randy Scott Meyers

799 N.W.2d 132 · Supreme Court of Iowa · Jun 24, 2011

Several other categories of sex abuse that qualify as misdemeanors or class “D” felonies are also included in chapter 709. … Clearly, the “against the will of another” standard seeks to broadly protect persons from nonconsensual sex acts, even under circumstances showing the victim had no opportunity or ability to consent

Sinift v. Sinift

229 Iowa 56 · Supreme Court of Iowa · Feb 7, 1939

Baker, a banker, friend, and business adviser of the testator and his wife, drew the will, and qualified as the executor named therein. … In fact it clearly establishes just the contrary, as appears from the following testimony of Baker on cross-examination: “Mr. and Mrs. Sinift ordered them when they were bought. I bought them for them.

Peterson v. McManus

187 Iowa 522 · Supreme Court of Iowa · May 15, 1919

But, as we hold it is such suit, exclusion of help to establish what is established without such help is, of course, harmless. 4-k 21. Appeal and F.RROR * XQ ception of evidence * Harmless error: immaterial testimony. … The only attempt to qualify the *544 papep is found in statements by counsel for appellee in offering the paper.

State of Iowa v. Ronald James Brimmer

Supreme Court of Iowa · Dec 22, 2022

/COVID- 19-immunization-schedule-ages-6months-older.pdf [https://perma.cc/U46C-JJ3F]. 23Iowa Gov. … I see no reason to go beyond the boundaries of our existing rules for a  60 defendant who received a fair trial and whose guilt was clearly established, as demonstrated in Part III of

Dorr Cattle Co. v. Des Moines National Bank

127 Iowa 153 · Supreme Court of Iowa · Mar 14, 1905

“We think the doctrine is well established by the great pi’e-ponderanpe of authority that no action will lie for the institution and prosecution of a civil action with malice and without’probable cajise, where there has been … The latter Avas held too small in amount to confer jurisdiction, and immunity from certain damages by the law of the place where the matter arose was -thought to be a substantial right which ought not to be ignored by their

Amended August 25, 2017 Tina Haskenhoff v. Homeland Energy Solutions, LLC

Supreme Court of Iowa · Jun 23, 2017

We reverse district court rulings on the admissibility of expert opinion testimony “only when the record shows ‘the court exercised [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable … Testimony that particular conduct violated the ICRA clearly would be an inadmissible legal conclusion.

Iowa Supreme Court Attorney Disciplinary Board v. Larry Alan Stoller

879 N.W.2d 199 · Supreme Court of Iowa · May 13, 2016

During the time that Stoller was representing Chaplin in establishing her corporation, he was also representing the Martens. … In this email, Stoller clearly evinces the intent to pursue a future adverse action against the Zylstras.

Bearshield v. John Morrell & Co.

570 N.W.2d 915 · Supreme Court of Iowa · Nov 26, 1997

See 42 U.S.C. § 12112 (a) (“No covered entity shall discriminate against a qualified individual with a disability (emphasis added); Iowa Code § 216.6 (l)(a) (making it an unfair or discriminatory practice to “discriminate … Clearly, evidence that the employer views the employee as unable to perform a particular job is insufficient to prove the employer regarded the employee as having a substantial limitation on the employee’s ability to work

Teresa L. Sladek v. Employment Appeal Board and Kelly Services USA LLC

Supreme Court of Iowa · Feb 21, 2020

Thus, the section establishes a general rule that “voluntary quitting” disqualifies an individual from unemployment benefits. … Whatever the scope of the safe harbor in the first sentence of section 96.5(1)(j)(1), it clearly does not encompass such a belated request.

Estate of Adams v. Said Estate

167 Iowa 382 · Supreme Court of Iowa · Nov 24, 1914

Eddy, both residents of Allamakee county, this state, were appointed executors of the will, and as such they duly qualified and administered upon the estate, making distribution thereof among the several legatees and devisees … Although not physically present, the loaning business established in this jurisdiction still continued. Mrs.

State v. Crofford

121 Iowa 395 · Supreme Court of Iowa · Oct 19, 1903

It is readily conceivable that an opinion of a defendant’s guilt may be so qualified in the juror’s mind as not to be a sufScient ground oí challenge. … Now, if the court had said to the jury, ‘‘The defendant’s witnesses may have committed perjury, but the facts and circumstances proven by the state cannot lie,” thisexpression of opinion would be so clearly erroneous as to

Kimmel v. Iowa Realty Co., Inc.

339 N.W.2d 374 · Supreme Court of Iowa · Oct 19, 1983

In the present case, such intent is clearly shown by the pleadings which the Kimmels caused to be prepared in the present action alleging they were assigning to themselves any claims of Harley, Inc. … Hoffschneider, 297 N.W.2d 210, 213-14 (Iowa 1980), also involving liability of a real estate company for acts of its agent, we held that breach of fiduciary duty, even if technically qualifying as fraud, will not justify

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

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.