Case law

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).

Watrous v. Watrous

180 Iowa 884 · Supreme Court of Iowa · Jun 26, 1917

Watrous agrees to and does hereby raise, create, establish and declare an annuity of $1,800 per annum in favor of said Edward L. … We think this evidence was clearly admissible, as *910 bearing upon the individual liability of Charles L. Watrous.

Dennis L. Cawthorn v. Catholic Health Initiatives Iowa Corp. D/B/A Mercy Hospital Medical Center, a Corporation

806 N.W.2d 282 · Supreme Court of Iowa · Dec 2, 2011

Without these documents, Mercy maintained that Cawthorn lacked sufficient evidence to establish a prima facie case. … Grody, 869 A.2d 1014, 1021 (Pa.Super.Ct.2005) (holding that credentialing documents were immune from discovery under the Pennsylvania Peer Review Protection Act); Mem. Hosp.-The Woodlands v.

Amended June 24, 2016 Concerned Citizens of Southeast Polk School District v. City of Pleasant Hill, Iowa, and the City Council of the City of Pleasant Hill, Iowa

Supreme Court of Iowa · Apr 22, 2016

language is twenty years from the calendar year following the calendar year in which the municipality first certifies to the county auditor the amount of any loans, advances, indebtedness, or bonds which qualify … We added that “[c]ity councils are clearly vested with broad authority to carry out the goals of the urban renewal law.” Id. at 278.

Amended February 10, 2015 State of Iowa v. Patrick Michael Dudley

Supreme Court of Iowa · Dec 5, 2014

The  6 district court stated it would allow the testimony so long as the State established the statements qualified under the excited utterance exception to hearsay. … When the district court exercises its discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable, an abuse of discretion occurs. State v. Nelson, 791 N.W.2d 414, 419 (Iowa 2010).

Hutchinson v. Des Moines Housing Corporation

250 Iowa 1306 · Supreme Court of Iowa · Oct 20, 1959

Three competent and qualified experts testified, and the evidence offered is sufficient to require submission to- the jury as to Community Services, Inc. … It must be established by a preponderance of the evidence, direct or circumstantial.

State of Iowa v. Austin Dean Mahana

Supreme Court of Iowa · Jun 12, 2026

For example, felony drug trafficking convictions qualify, but felony convictions for simple drug possession do not. Hembree, 165 F.4th at 913, 918 (citing United States v. … Clearly, under the categorical approach, Iowa Code sections 724.25(1) and 724.26(1) pass Second Amendment muster because Mahana was previously convicted of a crime punishable by more than a year in prison.

State of Iowa v. Iowa District Court for Jones County

888 N.W.2d 655 · Supreme Court of Iowa · Dec 23, 2016

“SOTP was established for bona fide rehabilitative purposes.” Id. at 519. … (4) A treatment program established by the director. Iowa Code § 903A.2(1)(a)(4).

Debra Gries v. Ames Ecumenical Housing, Inc. d/b/a Stonehaven Apts.

Supreme Court of Iowa · Jun 5, 2020

liable for injuries caused by his failure to exercise reasonable care in the circumstances, it is clear that in the absence of a statutory provision declaring an exception . . . no such exception should be made unless clearly … The fact that the presence of a very fine mist is deemed by some to be sufficient to trigger the continuing storm doctrine shows how elastic immunity doctrines may become.

James A. Stogdill, Christopher Determan, Mathew D. Johnson, Alesha Smith And Kirk E. Yentes v. City of Windsor Heights, Iowa, and Municipal Collections of America, Inc.

Supreme Court of Iowa · Jun 9, 2023

by equitable proceedings in all cases where courts of equity . . . had jurisdiction . . . .”); id. §§ 613.8 (providing state consent to “any suit or action . . . in any of the district courts of Iowa”), .11 (waiving immunity … The government’s failure to comply with a statute or ordinance does not necessarily establish a due process violation.

Rita McNeal and Cliff McNeal v. Wapello County and Wapello County Board of Supervisors

Supreme Court of Iowa · Feb 3, 2023

However, a few other states do, and clearly some of the vehicles on the McNeals’ property would have qualified under those definitions. See N.C. Gen. … Clearly it was anticipated that the McNeals would remove some vehicles.

Sondra Irving v. Employment Appeal Board

883 N.W.2d 179 · Supreme Court of Iowa · Jun 3, 2016

In Renda , we concluded that we should not afford deference to an agency’s ■legal interpretations unless that interpretive authority has clearly been vested in the agency. Id. at 11 . … Plainly, the California court believed that the guilt of the employee was established.

City of Eagle Grove v. Cahalan Investments, LLC

904 N.W.2d 552 · Supreme Court of Iowa · Dec 1, 2017

Because the properties in question were clearly uninhabitable and in an advanced state of deterioration and disrepair, the City urged the district court to find the assessed valuations are not probative of their actual value … The district court found Cahalan abandoned the properties under the standard established in the statute. We agree.

Talen v. Employers Mutual Casualty Co.

703 N.W.2d 395 · Supreme Court of Iowa · Sep 2, 2005

It also lists specific torts— such as “false arrest,” “slander” and “assault and battery” — that qualify as personal injury. Kibbee, 525 N.W.2d at 868 (footnote omitted). … That injury is clearly excluded by the “Refusal to employ” exclusion contained in Employers’ policy.

Boyles v. Cora

232 Iowa 822 · Supreme Court of Iowa · Nov 24, 1942

[Objection was made that the witness was not qualified as an expert, and the question was not in proper form.] … . * * * it would be clearly evident to an unprejudiced doctor that the man was mentally unsound and was not capable of sound analytic reasoning in all things.” Dr. R. R.

In Re Estate of Nicholson

230 Iowa 1191 · Supreme Court of Iowa · Oct 21, 1941

It is difficult to state concisely and clearly the issues and facts in this involved record in which the pleadings, matters filed, and orders recorded, fill approximately ninety pages of the abstracts. … But there are qualifying circumstances in this case. Arthur J. Nicholson lived in California. His coexecutor lived in Des Moines.

In the Matter of Honorable Mary E. HOWES, District Court Judge of the Seventh Judicial District

880 N.W.2d 184 · Supreme Court of Iowa · May 20, 2016

Proving scienter is not necessary to establish a violation of the rule. Mann, 512 N.W.2d at 532. … When the matter to be decided affects the interests of every judge qualified to hear it, the rule of necessity clearly applies “without resort to further factual development.” State ex rel. Hash v.

State of Iowa v. Montez Guise

Supreme Court of Iowa · Dec 14, 2018

We will find an abuse of discretion when “the district court exercises its discretion on grounds or for reasons that were clearly untenable or unreasonable.” … In 2017, a reasonably competent attorney should be aware of potential avenues of attack on risk assessment tools that are well established in the legal literature.

Birdsall v. Perry Gas Works

181 Iowa 1268 · Supreme Court of Iowa · Feb 14, 1917

Clearly, it is a matter of indifference to the defendant owner how the judgment for $2,800 may be distributed between the other claimants. … That being established, only the principal contractor was affected by the affirmative relief granted to the plaintiff under his petition.

Ibp, Inc. Vs. Lee Burress

Supreme Court of Iowa · Jul 10, 2009

the consequences resulting from the establishment of that fact are understood to be serious and of great importance.” … 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.