Case law

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  • Iowa Supreme Court Attorney Disciplinary Board v. James A. Weaver

    812 N.W.2d 4 · Supreme Court of Iowa · Mar 16, 2012

    Clearly, under the facts of this case, there were multiple victims of Weaver’s crime of harassment. See id. at 767. … When an attorney’s disciplinary problems arise out of alcoholism and depression, “[w]e have a well-established history of imposing such conditions.” Johnson, 774 N.W.2d at 501.

    Cited 28 timesPublished
  • State of Iowa v. Iowa District Court for Jones County

    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).

    Cited 0 timesPublished
  • 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”).

    Cited 0 timesPublished
  • Bartemeier v. Central National Fire Insurance

    180 Iowa 354 · Supreme Court of Iowa · Nov 22, 1916

    Sice* byaas-P*' Sty.ee' neces“ It may, for the purposes of this case, be admitted that, when the intent and purpose to make an assignment are clear, and the assignee named fails or refuses to accept or qualify, the court … Ricketts, 1 Iowa 582 , it is said that the statute on this subject clearly “implies a trust and contemplates the intervention of a trustee.”

    Cited 5 timesPublished
  • American Soil Processing, Inc. v. Iowa Comprehensive Petroleum Underground Storage Tank Fund Board

    586 N.W.2d 325 · Supreme Court of Iowa · Dec 7, 1998

    The act established the Iowa Comprehensive Petroleum Underground Storage Tank Fund (Fund). … With respect to the force majeure provision, it is clearly repugnant to the plain meaning of the italicized language.

    Cited 24 timesPublished
  • JAH Ex Rel. RMH v. Wadle & Associates

    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.

    Cited 0 timesPublished
  • Billy Dean Carter, Bill G. Carter, and the Estate of Shirley D. Carter, by and through Bill G. Carter v. Jason Carter

    Supreme Court of Iowa · Mar 19, 2021

    Iowa caselaw shows that only the state can claim the qualified privilege in section 622.11. … Hansen, 12 469 N.W.2d 412, 414 (Iowa 1991) (stating that section 622.11 creates “a public officer privilege for communications” and that the state must satisfy the three-part test to establish

    Cited 0 timesPublished
  • Al Poller and Deb Poller v. Okoboji Classic Cars, LLC

    Supreme Court of Iowa · Jun 4, 2021

    Iowa Code section 537B.3 establishes a two-tiered framework for documentation. … The salutary purpose of the statute, namely, to clearly establish and document likely expenses in the auto repair business, would be severely undermined by a contrary rule.

    Cited 0 timesPublished
  • Amended July 5, 2017 State of Iowa v. Maurice D. Angel and Kemia B. McDowell

    Supreme Court of Iowa · Apr 21, 2017

    Rejection of extrinsic evidence to establish oath or affirmation. … DeMaioribus, 198 N.E.2d 60, 61 (Ohio 1964) (rejecting realtor’s petition when no qualified person signed the petition as its “circulator,” but petition was authorized by notary public); see also State v.

    Cited 0 timesPublished
  • Amended October 15, 2014 State of Iowa v. Justin Dean Short

    Supreme Court of Iowa · Jul 18, 2014

    The dissent believed that a search by a parole officer qualified as one of the exceptions to the warrant requirement. … It is clearly erroneous not to discuss consent and waiver in deciding this case.

    Cited 0 timesPublished
  • State of Iowa v. Mar'yo D. Lindsey Jr.

    881 N.W.2d 411 · Supreme Court of Iowa · Jun 24, 2016

    The question arises whether such behavior qualifies as furtive acts supporting reasonable suspicion, or whether the comments were mere assertions of the right to privacy. An illustrative case is T.S. v. … In this case, the facts clearly indicate the coach willfully grabbed the equipment bag and withheld it from the person Lindsey intended it to be entrusted to because the superintendent asked him to.

    Cited 19 timesPublished
  • Bontrager Auto Service, Inc. Skay Automotive Service, Inc. Brian K. Decoster Rogers Rental, Llc Marlys Breese The Breese Co. Inc. Gregg R. Redlin Eugene F. Fisher Erin K. Fisher Edward I. Schmucker K & G Michael A. Mcniel, Todd Davis, Carmen Davis, Sand Road Investors Keith L. Miller Debra S. Miller Paul M. Kennedy, Jr. Mary Frances Kennedy William B. Kron, Jr. And Derrold M. Foster, Appel

    Supreme Court of Iowa · Mar 7, 2008

    The board was clearly aware of the requirement that the special exception could not be approved if it substantially impaired neighboring property values. … Later in the same opinion, this seemingly expansive de novo review is qualified: If it had been intended to give to the aggrieved party the right to remove the determination of the entire matter from the local

    Cited 0 timesPublished
  • Amended September 1, 2017 State of Iowa v. Christopher Clay McNeal

    Supreme Court of Iowa · Jun 23, 2017

    Without deciding whether such a statement would qualify for a hearsay exception, we conclude that counsel was not ineffective because this testimony was cumulative. See State v. … McNeal was also brought to trial consistent with our long-standing precedent, with established federal caselaw, and with established caselaw from other jurisdictions.

    Cited 0 timesPublished
  • Amended March 17, 2017 JBS Swift & Company and American Zurich Insurance Company v. Rosalva Ochoa

    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

    Cited 0 timesPublished
  • Amended June 30, 2015 City of Sioux City v. Michael Jon Jacobsma

    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.

    Cited 0 timesPublished
  • State of Iowa v. Keyon Harrison

    914 N.W.2d 178 · Supreme Court of Iowa · Jun 22, 2018

    This is because robbery is clearly distinguishable from assault for the purpose of the merger doctrine. … Moreover, robbery-unlike willful injury-is expressly listed as a forcible felony under section 702.11(1) to qualify as a basis for felony murder. See Iowa Code § 702.11 (1).

    Cited 119 timesPublished
  • Al Poller and Deb Poller v. Okoboji Classic Cars, LLC

    Supreme Court of Iowa · Jun 4, 2021

    Iowa Code section 537B.3 establishes a two-tiered framework for documentation. … The salutary purpose of the statute, namely, to clearly establish and document likely expenses in the auto repair business, would be severely undermined by a contrary rule.

    Cited 0 timesPublished
  • McManus v. Carmichael

    3 Iowa 1 · Supreme Court of Iowa · Jun 15, 1856

    See tbe above act of May 18, 1796, &c.; also tbe laws establishing tbe general land office, and tbe regulations of that office. … And it seems utterly inconsistent with these acts of dedication, and with tbe laws, to give' tbe public only a qualified, partial, restricted use — a mere easement over tbe waters.

    Cited 76 timesPublished
  • Amended February 23, 2016 Kevin Bryant v. Robert Lee Rimrodt and Geico General Insurance Company

    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

    Cited 0 timesPublished
  • Jeff Southard, Trish Southard, Jeffrey Stickel, Heather Stickel, Mel Lint, Keith Goodyk, And Greg Dana, On Behalf Of Themselves And All Others Similarly Situated In The State Of Iowa

    Supreme Court of Iowa · Jun 22, 2007

    The defendants filed a motion to dismiss the plaintiffs’ action on the basis that under well-established, common-law principles the plaintiffs could not recover for derivative or remote injuries. … Clearly, the injuries alleged by the plaintiffs are not even indirect, as the plaintiffs are not in the chain of distribution. Their injuries are better described as derivative.

    Cited 0 timesPublished

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