Case law

Natalie Slaughter v. Des Moines University College of Osteopathic Medicine

925 N.W.2d 793 · Supreme Court of Iowa · Apr 5, 2019

The parties agree that without an accommodation, Slaughter was not a qualified individual for DMU’s medical degree program. … Clearly, depression can be a disability covered by state and federal law.

Luttenegger v. Conseco Financial Servicing Corp.

671 N.W.2d 425 · Supreme Court of Iowa · Nov 13, 2003

As our statute clearly states, these charges are not interest. … In the event such a violation is established in this case, the district court shall award appellate attorney fees. Cf. Schaffer v.

In the Interest of Long

313 N.W.2d 473 · Supreme Court of Iowa · Dec 23, 1981

[However, we note that] the General Assembly qualified the . . . first sentence ... by this next noted phraseology: “The procedure for such appeals shall be governed by the same provisions applicable to appeals from the district … Exhibit 1 is clearly to be classified as a department of social services report.

City Of Okoboji, Iowa Vs. Okoboji Barz, Inc. D/b/a O'farrell Sisters And Leo Parks, Jr.

Supreme Court of Iowa · Mar 14, 2008

A use is customary so as to qualify as an accessory use when it is often found in conjunction with the principal use. Stochel v. Planning Bd., 792 A.2d 572, 578 (N.J. Super. Ct. … See Redfern, 455 So. 2d at 1361 (“[T]he sale of alcoholic beverages is properly an accessory use to the restaurant operation”); Gauthier, 291 N.Y.S.2d at 587 (“Clearly, the service of liquor refreshment is inseparable

State of Iowa v. Patrick H. Booker, Jr.

Supreme Court of Iowa · Apr 21, 2023

City of Waterloo, 119 N.W. 70, 71 (Iowa 1909) (collecting cases for support of the proposition that “though a qualified juror be excused, another  20 equally competent and fair minded … The absence of one does not establish the presence of the other. See NLRB v.

State of Iowa v. Patrick H. Booker, Jr.

Supreme Court of Iowa · Apr 21, 2023

City of Waterloo, 119 N.W. 70, 71 (Iowa 1909) (collecting cases for support of the proposition that “though a qualified juror be excused, another equally competent and fair minded will be selected in his stead, and, if … The absence of one does not establish the presence of the other. See NLRB v.

State of Iowa v. Shanna Dessinger

Supreme Court of Iowa · Apr 23, 2021

Atwood, we established a five-factor test to determine whether a statement will qualify as an excited utterance: (1) the time lapse between the event and the statement, (2) the extent to which questioning elicited … Finally, the totality of the circumstances are considered in determining whether a statement has sufficient spontaneity to qualify as an excited utterance.

State of Iowa v. Shanna Dessinger

Supreme Court of Iowa · Apr 23, 2021

Atwood, we established a five-factor test to determine whether a statement will qualify as an excited utterance: (1) the time lapse between the event and the statement, (2) the extent to which questioning elicited … Finally, the totality of the circumstances are considered in determining whether a statement has sufficient spontaneity to qualify as an excited utterance.

Amended April 5, 2016 Darla Legg and Jason T. Legg, on Behalf of Themselves and All Persons Similarly Situated v. West Bank

Supreme Court of Iowa · Jan 22, 2016

An abuse of discretion is found only when the district court’s grounds for certifying a class action are clearly unreasonable. Anderson Contracting, Inc. v. DSM Copolymers, Inc., 776 N.W.2d 846, 848 (Iowa 2009). … The district court found that the record before it reflects that the attorneys for the Plaintiffs are skilled, competent, and well qualified to represent the interests of the class.

Amanda DeSousa f/k/a Amanda Johnston v. Iowa Realty Co., Inc.

Supreme Court of Iowa · Jun 10, 2022

In the present case, we need to discuss whether the Fynaardts qualify as a land possessor under section 49(a). … Clearly, it does not mean control since the commentary to the Restatement (Third) emphasizes that mere ownership is not enough. See Restatement (Third) § 49 cmt. b, at 225.

Lemper v. City of Dubuque

237 Iowa 1109 · Supreme Court of Iowa · Oct 15, 1946

Plaintiff was the duly appointed and qualified police matron of defendant and performed all of the duties of said office from August 1, 1940, to May 31, 1945. … Neither the defense of waiver nor of estoppel is available to the defendant when the conduct of the plaintiff and of itself, on which it relies to establish these defenses, is contrary to public policy.

State v. Coppes

247 Iowa 1057 · Supreme Court of Iowa · Jul 26, 1956

Congress, by an appropriate description of an exceptional class, has established a standard with respect to which eases that arise must be adjudged.” The defendant, in Mulkern v. … The words of it are simple and their meaning well known to anyone having, or qualified to have, a motor-vehicle operating license.

MidWestOne Bank, Trustee, Haywood B. Belle Family Trust v. Short's Burger & Shine, LLC, Kevin Perez, and Dan Ouverson

Supreme Court of Iowa · May 22, 2026

According to Short’s, even if the initiation of FED#1 does not qualify as a repudiation, MWO’s decision to dismiss that very same action with prejudice retroactively converted the initial termination proceeding into a repudiation … I think it clearly did. A letter terminating a contract is a repudiation unless the termination was justified. Pavone v. Kirke, 807 N.W.2d 828 (Iowa 2011), is directly on point.

Hoyt v. Chicago, Rock Island and Pacific Railroad Co.

206 N.W.2d 115 · Supreme Court of Iowa · Mar 28, 1973

It is of no help to plaintiff's case to establish negligence on an additional ground; one is enough. … In contrast, the statutory requirement of warning by whistle and bell establishes a minimum duty which must be met in every case. Russell v. Chicago, R. I. & P. R.

Moser v. Thorp Sales Corp.

312 N.W.2d 881 · Supreme Court of Iowa · Nov 25, 1981

This sum could be established through expert testimony. … Other local farmers may have qualified to express the same opinions. See Brown v. Mostoller, 167 Iowa 568, 581-82 , 149 N.W. 908 , 912-13 (1914).

Service Employees International Union, Local 199 v. State of Iowa, Iowa Board of Regents

928 N.W.2d 69 · Supreme Court of Iowa · May 17, 2019

That language does not qualify the public employer's authority to empower a representative in negotiations. … "Where, as here, certain terms have been established which would result in settlement, negotiate means more than merely talking to the opposing party. It means to settle if the specified terms have been met." Shields v.

Cedar Rapids Community School District v. Parr

227 N.W.2d 486 · Supreme Court of Iowa · Mar 19, 1975

This language clearly refers to the burden regarding existence of actual discrimination. … In support thereof it is argued pregnancy may be treated differently from other disabling conditions which qualify an employee for sick (disability) pay because pregnancy is voluntary.

State v. Cadwell

79 Iowa 432 · Supreme Court of Iowa · Feb 7, 1890

In banking circles, deposits are often qualified or distinguished as “time” and “call” deposits. The former is for a specified time, and the latter is subject to call at the pleasure of the depositor. … The certificate designates the transaction *438 as a “deposit,” and we think it clearly within the purview of the legislative purpose. -: insolvency: evidence. II.

Charles Furnald v. Anthony Hughes and Emcasco Insurance Company

804 N.W.2d 273 · Supreme Court of Iowa · Sep 30, 2011

Baningoso, 58 A.2d 5, 8–9 (Conn. 1948) (affirming older precedent that voluntary dismissal does not qualify under statute as claim “otherwise avoided or defeated . . . for any matter of form”); Gray v. … The Archer court stated that if the plaintiff failed to prepare his case and dismissed it for that reason, he would clearly be negligent. Id.

IA SUP. CT. ATTY. DISCIPLINARY v. McGrath

713 N.W.2d 682 · Supreme Court of Iowa · Apr 21, 2006

The additional documents sought by the respondent were clearly privileged and not subject to discovery. … Such conduct is clearly improper. 625 N.W.2d at 714 (citation omitted). McGrath violated DR 5-101(B).