Case law

Carlin v. Thompson

234 Iowa 469 · Supreme Court of Iowa · Dec 14, 1943

As established by the decisions of this court, above cited, the testimony of Carlin was positive testimony, the weight and probative value of which was for the jury. … This clearly made a case for the jury on this question.” (Italics supplied.)

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

355 N.W.2d 565 · Supreme Court of Iowa · Sep 19, 1984

We think the challenged rule falls clearly within the area left to us by the Bates opinion. … While the record revealed that these were young lawyers just developing a law practice, there is no evidence, nor even a claim, that they were in fact not qualified.

Robinson v. Main

227 Iowa 1195 · Supreme Court of Iowa · Mar 5, 1940

With this knowledge plaintiff continued to operate the machines as his property until January 23, 1932, *1199 and clearly indicated by bis acts and letters'to defendant that he considered the contract in full force. … I didn’t have in mind and didn’t rely upon it being a Texas bonding company, or that it was to be a bond company that had qualified to do business in Texas.”

Friedmeyer v. Lynch

226 Iowa 251 · Supreme Court of Iowa · Feb 14, 1939

These were duly admitted to probate, the estate opened, and executors appointed and qualified. … Langhout, supra, the evidence clearly showed that the defendant not only knew of the purpose of the assignor but was an active participant in the fraud and intended to hinder, delay, and defraud creditors.

Jbs Swift & Company and American Zurich Insurance Company v. Rosalva Ochoa

888 N.W.2d 887 · Supreme Court of Iowa · Dec 30, 2016

Therefore the provisions of Iowa Code section 85.34(7) are clearly applicable. … Again: “[I]f two separate injuries are established or if two separate cumulative injuries are established, compensation is based on the existence of the two separate disabilities, both of which are recoverable under the

Karen Cohen v. David Clark and 2800-1 LLC

Supreme Court of Iowa · Jun 30, 2020

There is no law in Iowa or any other jurisdiction that clearly establishes how landlords should handle reasonable accommodation questions with ESAs. … Clearly, it does. Additionally, Cohen’s suffering from her allergies constitutes a breach of her covenant of quiet enjoyment.

State of Iowa v. Christopher Clay McNeal

897 N.W.2d 697 · Supreme Court of Iowa · Jun 23, 2017

However, Browning’s testimony established that he and McNeal were the only people in the shop and that McNeal had refused Browning’s request to leave. … Without deciding whether such a statement would qualify for a hearsay exception, we conclude *709 that counsel was not ineffective because this testimony was cumulative. See State v.

Brokaw v. Winfield-Mt. Union Community School District

788 N.W.2d 386 · Supreme Court of Iowa · Sep 10, 2010

The previous incident between Andrew and Danville player Schlarbaum does not establish that Andrew was an aggressive or assaultive player.... … The trial court determined McSor-ley committed a battery upon Jeremy when McSorley “clearly and intentionally struck Jeremy ...

J.A.H. ex rel. R.M.H. v. Wadle & Associates, P.C.

589 N.W.2d 256 · Supreme Court of Iowa · Feb 17, 1999

It is true that privity is not always required to establish duty. For example, we abandoned the requirement of privity involving accountants under limited circumstances. … If the rule we establish today means anything, the rule ought to apply regardless of this independent claim. And we hold that it does.

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds ex rel. State of Iowa and Iowa Board of Medicine

915 N.W.2d 206 · Supreme Court of Iowa · Jun 29, 2018

The Iowa Constitution, like its federal counterpart, establishes three separate, yet equal, branches of government. Iowa Const. art. III, § 1. … It further promises "[a]ll laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which, upon the same terms shall not

State of Iowa v. Rick D. Petro

Supreme Court of Iowa · Nov 10, 2022

concluded in Vance that the record showed no substantial evidence “to support the finding . . . that Vance continued to pose a threat to the [family]” and that “[t]o the contrary, the substantial evidence in the record clearly … The United States Supreme Court has held that the word “element” qualifies only “the use [of force],” and thus the domestic relationship, “while it must be established, need not be demonstrated as an element of the predicate

State of Iowa v. Hillary Lee Tyler

867 N.W.2d 136 · Supreme Court of Iowa · Jun 30, 2015

Clearly, such opinions can assist the trier of fact in certain circumstances. … The Fourth Amendment clearly establishes a reasonable expectation of privacy in the home. Payton v. New York, 445 U.S. 573, 585 , 100 S.Ct. 1371, 1379, 63 L.Ed.2d 639, 650 (1980).

Holi-Rest, Inc. v. Treloar

217 N.W.2d 517 · Supreme Court of Iowa · Apr 24, 1974

Coll signed in December of that year clearly set out her ownership of 160 shares and Treloar’s ownership of 600 shares. Mrs. … decree in conformance herewith which minimally shall incorporate the following features: (1) Judgment against defendant Treloar and in favor of Holi-Rest, Inc. in the total sum of $126,750. (2) Appointment of an impartial, qualified

Scott E. Thomas And Rhonda R. Thomas Vs. Progressive Casualty Insurance Company

Supreme Court of Iowa · May 16, 2008

“To obtain a grant of summary judgment on some issue in an action, the moving party must affirmatively establish the existence of undisputed facts entitling that party to a particular result under controlling law.” … The second sentence clearly states that this exclusion “includes” claims of vicarious liability.

Amended May 23, 2017 Gary N. Porter and Lori Porter v. Richard L. Harden and Janice Harden

Supreme Court of Iowa · Mar 10, 2017

who . . . provides for the care and feeding of livestock on the land”— provides needed background and suggests that the focus should be on how the land is being used overall, not necessarily on whether a single animal qualifying … The general assembly clearly did not contemplate this result. In summary, I would apply the statute as written and not go through the mental gymnastics used by the majority to reach this result.

City of Sioux City v. Michael Jon Jacobsma

862 N.W.2d 335 · Supreme Court of Iowa · Feb 20, 2015

Code that infractions be proved by clear and convincing evidence because the vicarious liability provisions simply established a mechanism for assessing liability once an infraction had been established. … In Gacke, 684  31 N.W.2d at 185, we held an immunity provision of Iowa law relating to feed lot operations violated article I, section 1.

In The Matter of The Estate Rex Felten

Supreme Court of Iowa · Nov 25, 2025

For example, we apply a purely subjective standard for determining good faith under Iowa Code section 232.73 (2021), which provides immunity for reporting child abuse. See Nelson v. … That is the type of advice from counsel that helps establish probable cause in this context.

State of Iowa v. Ricky Lee Putman

848 N.W.2d 1 · Supreme Court of Iowa · Jun 13, 2014

“A court abuses its discretion when its ‘discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.’ ” State v. … First, the mere possession of pornography does not qualify as an act.

Amended June 5, 2015 Steven A. Mueller, Bradley J. Brown, Mark A. Kruse, Kevin D. Miller, and Larry E. Phipps, on Behalf of Themselves and Those Like Situated v. Wellmark, Inc. D/B/A Wellmark Blue Cross and Blue Shield of Iowa, an Iowa Corporation, and Wellmark Health Plan of Iowa, Inc., an Iowa Corporation

861 N.W.2d 563 · Supreme Court of Iowa · Feb 27, 2015

These arrangements are not the simple horizontal conspiracies that historically have qualified for per se treatment. … Either way, Wellmark makes its provider network available at established reimbursement rates and handles claims administration.

Nationwide Agri-business Insurance Company Vs. Jim Goodwin, Doug Stalley, Personal Representative Of The Estate Of Klever Briones, On Behalf Of Himself And The Estate, And Corina De Palacios

Supreme Court of Iowa · May 21, 2010

The court ruled Goodwin was using the rental vehicle when he loaned it to Jolin and so qualified as an insured under the policy. … Because Nationwide failed to clearly and explicitly exclude coverage for such situations, Goodwin asserts, “the matter must be resolved against Nationwide Insurance as a matter of law.”