Case law

State of Iowa v. John Robert Hoyman

863 N.W.2d 1 · Supreme Court of Iowa · May 1, 2015

Geisen, 612 F.3d 471, 487 (6th Cir. 2010) (indicating that an “intent to deceive” must be proved to establish a violation of 18 U.S.C. § 1001). Other federal appellate courts disagree. See United States v. … Our law is well-established that contradictory and confusing instructions will necessitate a new trial. See Burkhalter v.

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

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.

Fonken v. Community Church of Kamrar

339 N.W.2d 810 · Supreme Court of Iowa · Oct 19, 1983

The principle of Watson as qualified in Gonzalez was approved as a Constitutional principle in Kedroff v. St. … It inheres in the governmental relationship established by UPCUSA's constitution.

Harold Youngblut v. Leonard Youngblut

Supreme Court of Iowa · Jun 12, 2020

Haesemeyer, we qualified the principle we had announced in Gigilos. 264 N.W.2d 792, 795 (Iowa 1978). … For example, in Burkhalter, we reiterated prior law that causation must be “clearly” established in an undue-influence case. Id. at 105–06.

Christy B. Logan v. The Bon Ton Stores, Inc. and Liberty Mutual Insurance Corp.

Supreme Court of Iowa · May 1, 2020

In Ortiz, we qualified our endorsement of substantial compliance somewhat. … Some aspects of Ortiz clearly support Logan’s position on appeal; others less so. We begin with the aspects of the opinion that favor Logan.

State Ex Rel. Miller v. CUTTY'S CAMPING

694 N.W.2d 518 · Supreme Court of Iowa · Apr 1, 2005

The disjunctive language of the Iowa Act clearly requires proof of only one, not both, sorts of conduct. See Commonwealth v. … This attempt at collection of monies owed by defaulting members was clearly not undertaken in connection with any sale of merchandise, as required by section 714.16(2)( a ).

In re the Marriage of Mann

Supreme Court of Iowa · May 1, 2020

We decline the invitation in this case to depart from our established precedent and permit domestic abuse to be a factor in the question of whether to award alimony. … The district court reasonably concluded he did not qualify for rehabilitative or reimbursement alimony.

Lon Tweeten d/b/a Tweeten Farms and Grinnell Mutual Insurance, Co. v. Corey Tweeten

Supreme Court of Iowa · Dec 22, 2023

This is not the type of language that has clearly been vested in the agency to interpret, so we review the agency’s decision for correction of errors at law. … Of import here, the general assembly added a qualifier to the provision governing a compromise settlement’s effect on other rights. 2005 Iowa Acts ch. 168, § 10 (codified at Iowa Code § 85.35(8) (2007), now codified as

In re 2018 Grand Jury of Dallas County v. John Doe

Supreme Court of Iowa · Feb 14, 2020

But Doe does not clearly articulate how attorney–client privilege is implicated here. … To establish illegality, Doe points to Iowa Rule of Civil Procedure 1.508(2) as “instructive.”

Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.

116 Iowa 410 · Supreme Court of Iowa · Apr 12, 1902

Beturning to our quotation from the Michigan Case, it is sufficient to say that the hoodlums there described find no immunity or protection in the law as we interpret it. … A man’s dominion over his own land is not entirely absolute, but is qualified by that time honored maxim, ‘Sic uteref etc.” 2 Wood, Railway Law, 1291.

State v. Redding

169 N.W.2d 788 · Supreme Court of Iowa · Jul 24, 1969

The Eads opinion says (pages 768, 769 of 166 N.W.2d) : “For present purposes we take as established the argument that, in the absence of suppression of evidence favorable to a defendant, states do not violate due process … The principal argument in support of this assigned error is that the statements testified to did not have the spontaneity to qualify as res géstate. We are told Clark v.

In re the Detention of Nicholas Wygle

Supreme Court of Iowa · Apr 13, 2018

The caselaw clearly emphasizes that as a general proposition, due process requires a recent overt act before a person can be civilly committed. Gonzales, 658 N.W.2d at 105. … This interpretation allows the statute to operate in the binary manner that was clearly intended by the legislature.

Kruse v. Bd. of Directors of Lamoni Community

231 N.W.2d 626 · Supreme Court of Iowa · Jul 31, 1975

. *628 Plaintiff is a teacher duly qualified and accredited by the State of Iowa to teach in both elementary and secondary schools. In the pursuance of her career, Mrs. … In Barrett, 221 N.W.2d at 783 , the court noted: “It is now clearly established the substantial compliance rule is not applicable to time specifications of section 279.13.”

State Of Iowa Vs. Jeffrey D. Smith

Supreme Court of Iowa · Feb 13, 2009

This court will “find an abuse of that discretion only when a party claiming it shows ‘the discretion was exercised on grounds or for reason clearly untenable or to an extent clearly unreasonable.’ ” Pippins, 661 N.W.2d … Stated another way, “ ‘the Sixth Amendment guarantees the defendant the right to be represented by an otherwise qualified attorney whom that defendant can afford to hire, or who is willing to represent the defendant even

State ex rel. Burlington & Missouri River Railroad v. County of Wapello

13 Iowa 388 · Supreme Court of Iowa · Jun 16, 1862

On the 24th day of September, 1853, a special election was held in the county of Wapello, agreeably to a notice previously published by order of the County Judge, for taking the votes of the qualified electors in favor of … The.general act just referred to, the object as well as the mode of accomplishing that object, the law that regulates their conduct, establishes their rights, and fixes their duties and liabilities, show very conclusively

McCarney ex rel. Leclaire v. Bettendorf Axle Co.

156 Iowa 418 · Supreme Court of Iowa · Jun 25, 1912

The term 'all’ qualifies each class or genus of things here specified, and we necessarily must imply that nothing remains of either class ejusdem generis for the general words of the phrase to embrace.” … The plaintiff was clearly entitled to have this ground of liability, as alleged in his declaration, considered, *439 and defendant was equally entitled to have the ground of liability correctly stated to the jury.

Skalla v. Daeges

234 Iowa 1260 · Supreme Court of Iowa · Sep 19, 1944

The legal principles are well established. While it is not easy to define the word “reckless” in hard and fast terms, yet, in the concrete, the situation may be readily recognized. … Clearly, this referred back to the matters and things set out in Instruction No. 1, wherein is set forth the specific ground submitted.

Recker v. Gustafson

279 N.W.2d 744 · Supreme Court of Iowa · May 30, 1979

Those who are qualified to make an ante-nuptial or other contract are likewise qualified, by mutual consent to eliminate or modify any part thereof, or to unmake the contract altogether, or to substitute a new contract. 238 … Apparently, but not clearly, the decision is based on a theory of rescission, 238 Iowa at 462-63 , 26 N.W.2d at 415-16 .

State v. Williams

207 N.W.2d 98 · Supreme Court of Iowa · Apr 25, 1973

“The statute clearly protects against frivolous, unwarranted claims by restricting payment to those investigations which in the court’s judgment are necessary in the interests of justice.” … The State’s resistance to the motion was supported by affidavits of 12 registered voters who were qualified as jurors in Scott County.

Wright v. Marsh, Lee & Delavan

2 Greene 94 · Supreme Court of Iowa · May 15, 1849

These various considerations,-we think clearly establish tbe domestic character of our territorial courts as predecessors of our state courts. Beatty v. Ross, 1 Branch 188. 2. … The last four sections of the statute clearly an-' thorize proceedings at law.