Case law

Alexander v. Medical Associates Clinic

646 N.W.2d 74 · Supreme Court of Iowa · Jun 12, 2002

Given the fact that only one court in the last twenty-seven years has abandoned the common law trespasser rule, the so-called "trend" to adopt a universal standard of care for premises liability has clearly lost momentum. … Luigi's, Inc., 557 N.W.2d 895, 897 (Iowa 1997) (explaining our reluctance to conclusively establish land possessor's duty of care on the basis of injured party's status); Pottebaum v.

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

State Ex Rel. Weede v. Iowa Southern Utilities Co. of Delaware

231 Iowa 784 · Supreme Court of Iowa · Feb 10, 1942

So rigid and well established is this rule, that not even a bona fide holder of such stock can give to it any validity or vitality. ’ ’ 5 Fletcher, Cyc. … The relief to which the appellant may be entitled will necessarily depend upon the facts established by the evidence.

State of Iowa v. Zachariah J. Rogerson

Supreme Court of Iowa · Oct 24, 2014

Ed. 2d 314, 323 (2009) (“Contrary to respondent’s assertion, there is not a third category of witnesses, helpful to the prosecution, but somehow immune from confrontation.”). … See id. at 99 (allowing video testimony only if “the requesting party establishes exceptional circumstances”).

State of Iowa v. Zachariah J. Rogerson

855 N.W.2d 495 · Supreme Court of Iowa · Oct 24, 2014

Ed. 2d 314, 323 (2009) (“Contrary to respondent’s assertion, there is not a third category of witnesses, helpful to the prosecution, but somehow immune from confrontation.”). … See id. at 99 (allowing video testimony only if “the requesting party establishes exceptional circumstances”).

Holden v. Construction MacHinery Company

202 N.W.2d 348 · Supreme Court of Iowa · Nov 15, 1972

The elements of equitable estoppel are well established. … On that matter several well established legal principles come into full play.

State of Iowa v. Howard J. Thompson

Supreme Court of Iowa · Feb 5, 2021

First, the doctrine prohibits a department of the government from exercising “powers that are clearly forbidden” to it. Klouda, 642 N.W.2d at 260 (quoting State v. … The dissent disregards this qualifying language in Critelli.  15 prosecutions in all the courts of this state from and after the first day of September, A.D., 1860.”).

State v. Anderson

239 Iowa 1118 · Supreme Court of Iowa · Jun 15, 1948

W. 506 , the court called attention to the distinction between a qualified and unqualified opinion of a prospective juror. The court held that the whole examination of the juror is to be considered. … It seems to us that the testimony of these two witnesses clearly tended to contradict the testimony of appellant. In his original brief appellant assigns as Error No.

Biltmore Enterprises, Inc. v. Iowa Department of Job Service

334 N.W.2d 284 · Supreme Court of Iowa · May 18, 1983

The agency’s calculations established Suntken’s average weekly wage to be $213.60, an amount which was not equaled by Biltmore’s job offer of 33-36 hours per week at $3.25 per hour. … The record clearly reflects that this was not done in the present case.

Pauline McKee v. Isle of Capri Casinos, Inc. and Ioc Black Hawk County, Inc.

864 N.W.2d 518 · Supreme Court of Iowa · Apr 24, 2015

Along related lines, McKee maintains that the casino has failed to establish a mistake as a matter of law. … The court reasoned, “There is no evidence, however, that [the defendant gaming machine operator] made a promise to pay a primary progressive jackpot when a player did not win pursuant to the clearly posted rules of the

State of Iowa v. David J. Treptow

Supreme Court of Iowa · May 28, 2021

Under the new approach established by S.F. 589, a defendant seeking to challenge a guilty plea on direct appeal must establish “good cause.” Id. § 28(a)(3) (codified at Iowa Code § 814.6(1)(a)(3) (2020)). … In Olano, the Court stated that in order to qualify for plain error, the error must occur at the trial level, the error must be plain, and the plain error must “affect substantial rights.” Id.

State of Iowa v. David J. Treptow

Supreme Court of Iowa · May 28, 2021

Under the new approach established by S.F. 589, a defendant seeking to challenge a guilty plea on direct appeal must establish “good cause.” Id. § 28(a)(3) (codified at Iowa Code § 814.6(1)(a)(3) (2020)). … In Olano, the Court stated that in order to qualify for plain error, the error must occur at the trial level, the error must be plain, and the plain error must “affect substantial rights.” Id.

Wilson v. Hayes

464 N.W.2d 250 · Supreme Court of Iowa · Dec 19, 1990

Thus, under the Restatement rule as expressed in comment d, an attorney would only be liable if the attorney knowingly initiated or continued a suit for a clearly improper purpose. … Hayes also had the opinion of a qualified expert with whom Hayes had consulted in previous cases.

Amended August 21, 2014 Ned Chiodo v. The Section 43.24 Panel Consisting of: Secretary of State Matthew Schultz, Auditor of State Mary Mosiman and Attorney General Thomas Miller

846 N.W.2d 845 · Supreme Court of Iowa · Apr 15, 2014

We conclude Blodgett was clearly erroneous and now overrule it. … This uncertainty will keep many qualified voters from the polls for fear of prosecution for voter fraud.

State of Iowa v. Jesse Michael Gaskins

866 N.W.2d 1 · Supreme Court of Iowa · Jun 30, 2015

Gaskins responded that the locked safe was quite different from duffel bags or backpacks because it was locked, not merely closed, clearly manifesting his expectation of privacy in its contents. … [and] reached a result that is detached from established Fourth Amendment jurisprudence.” Id. at 1277.

Sexton v. C. L. Percival Co.

189 Iowa 586 · Supreme Court of Iowa · Apr 13, 1920

So well established is this rule that citation of authorities is unnecessary. See, also, Hite’s Devisees v. Hite’s Executor, 93 Ky. 257 ( 40 Am. St. … But here the word was qualified by “all.” It added nothing, unless something other than cash dividends were intended. Dividends in stock áre quite as well recognized in the law, though not so common as those in money.

Gregory Kern Vs. Palmer College Of Chiropractic, Robert Percuoco, Guy Riekeman, And Kevin Mccarthy, Individually

Supreme Court of Iowa · Nov 21, 2008

A brief review of the claim is necessary to clearly identify the important issue at stake in this case. … This lawsuit presented the issue of whether Kern’s performance qualifies as grounds for termination as described in the handbook.

Kevin Bryant v. Robert Lee Rimrodt and Geico General Insurance Company

872 N.W.2d 366 · Supreme Court of Iowa · Dec 11, 2015

Everyone received a fair trial below, and the jury clearly rejected Bryant’s claims for ongoing or future harm. … Davis, 601 N.W.2d 54, 61 (Iowa 1999), we qualified Brant somewhat and indicated there is no need to retry “rejected claims [that] are irrelevant to the elements of damages  30 pertaining

Richard J. Wermerskirchen and Carol M. Wermerskirchen v. Canadian National Railroad, a/k/a CN, a/k/a CN Railway Chicago Central & Pacific Railroad, a/k/a CCP Illinois Central Railroad Company Tim Dorsey, and Josh Yokem

Supreme Court of Iowa · Mar 5, 2021

But preemption, apparently, clearly extends beyond the express terms of the regulation to extinguish some, but clearly not all, state tort law claims. In my view, Justice Thomas has the stronger position. … For instance, footnote 15 does not expressly endorse state regulation of speeds beyond that established in the Secretary’s regulations, but it clearly provides a limitation of the scope of the holding in Easterwood.

Planned Parenthood of the Heartland, Inc., and Jill Meadows, M.D. v. Kim Reynolds ex rel. State of Iowa and Iowa Board of Medicine

Supreme Court of Iowa · Jun 17, 2022

I, § 6 (the privilege and immunity clause). 117Planned Parenthood II, 915 N.W.2d at 244. 118Id. at 245. 119Id. … Interestingly, the Belous court did not clearly establish the constitutional basis of reproductive autonomy in California. See also Comm. to Def. Reprod. Rts. v.