Case law

Hibbs v. Independent School District

218 Iowa 841 · Supreme Court of Iowa · Dec 12, 1933

Preliminary to a discussion of the merits of the one proposition relied upon for reversal, which we deem it necessary to consider in this opinion, the court desires to call attention to a few well-established general principles … Had the husband been driving the bus, it would have to be conceded that he, under the circumstances of this case, would be immune from liability.

Office of Citizens' Aide/Ombudsman v. Deb Edwards and Iowa Department of Corrections

825 N.W.2d 8 · Supreme Court of Iowa · Dec 14, 2012

“Abuse of discretion may be shown where there is no record to support the court’s factual conclusions, or where the decision is grounded on reasons that are clearly untenable or unreasonable.” … Both are qualified privileges “that may be overcome by a litigant.”

Parson v. Procter & Gamble Manufacturing Co.

514 N.W.2d 891 · Supreme Court of Iowa · Apr 20, 1994

The five-factor test, applied here to undisputed facts, clearly establishes an employment relationship between plaintiffs and P & G. I do not consider the question to be at all close. … This terminates the relationship of the “reassigned” employee with P & G and establishes the third factor (right to discharge). The fourth factor (right to control work) test is also clearly satisfied.

Ranes v. Adams Laboratories, Inc.

778 N.W.2d 677 · Supreme Court of Iowa · Feb 5, 2010

extent clearly unreasonable.” … This analysis is clearly inconsistent with the accepted methodology.

In Re the Marriage of Tamara D. Veit and Gregory H. Veit Upon the Petition of Tamara D. Veit

797 N.W.2d 562 · Supreme Court of Iowa · Mar 18, 2011

On further review, we are asked to determine whether a Qualified Domestic Relations Order (QDRO) fulfilled the terms of a property division prescribed in a dissolution decree. … See In re Marriage of Goodman, 690 N.W.2d 279, 283 (Iowa 2004) (in construing a dissolution decree “ ‘[e]ffect is to be given to that which is clearly implied as well as to that which is clearly expressed’ ” (quoting In

Buttolph v. Town of Postville

230 Iowa 89 · Supreme Court of Iowa · Mar 18, 1941

To extend this presumption to a bond clearly invalid would result in its conflict with the presumption that the clerk, as a public official, acted legally. … But the eases interpreting section 12753 clearly differentiate between bonds merely defective or irregular in form and those which are classed as invalid or void.

Cedar Falls v. CEDAR FALLS SCHOOL DIST.

617 N.W.2d 11 · Supreme Court of Iowa · Sep 7, 2000

The District contends the evidence did not establish that it failed in either obligation, i.e., that it was negligent, or that any negligence on its part was the proximate cause of Derek’s death. … Immunity A. Section 670.4(10) The District alternatively contends that it is immune from liability in this case.

Iowa Management & Consultants, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa

656 N.W.2d 167 · Supreme Court of Iowa · Jan 23, 2003

[T]he Tribe hereby waives any right it may possess to require the Consultant to exhaust tribal remedies or appear before any tribal court that may be established by the Tribe. … In discussing the arbitration clause, the court stated: The Tribes have clearly and unequivocally waived their sovereign immunity under the contract and the parties have chosen binding arbitration as a dispute resolution

Reid v. Hansen

440 N.W.2d 598 · Supreme Court of Iowa · May 17, 1989

from liability for tort of wrongful death should not enjoy that immunity in a suit brought in other states. … Unlike the situation confronting the Arizona court in the Farias case, Iowa, as the forum state, does have a clearly articulated public policy on this issue.

Penn v. Iowa State Board of Regents

577 N.W.2d 393 · Supreme Court of Iowa · Mar 25, 1998

Regarding the University’s motion, the court concluded sovereign immunity, pursuant to Iowa Code section 669.14(4), barred counts II through VI. … The federal court clearly applied the Iowa two-year statute of limitations for personal injury actions. See Penn, 999 F.2d at 307 .

Wilson v. Shaw

194 Iowa 28 · Supreme Court of Iowa · Jun 23, 1922

shall have been elected and qualified.” … Clearly the framers of the original Constitution had in mind the term just established and defined therein. * The fixing of the salary was contemporaneous with the fixing of the term, and having the four-year term in mind

State Ex Rel. Welsh v. Darling

216 Iowa 553 · Supreme Court of Iowa · Jan 17, 1933

Is the law general and uniform in its operation, or does it grant to some municipalities or classes of citizens privileges and immunities which are denied to others? … All cities within the classification established have both a library board and a school board.

Midwest Dredging Co. v. McAninch Corp.

424 N.W.2d 216 · Supreme Court of Iowa · May 11, 1988

Third party beneficiary law was well established in Iowa when this code section was enacted. See, e.g., Iowa Home Mut. Cas. Co. v. Farmers Mut. Hail Ins. Co., 247 Iowa 183 , 73 N.W.2d 22 (1955). … The focus in Restatement (Second) of Contracts section 302(l)(b) is clearly on the promisee’s intent as indicated by the cir *225 cumstances.

Dalarna Farms Vs. Access Energy Coop.

792 N.W.2d 656 · Supreme Court of Iowa · Dec 23, 2010

The amendment to section 657.1 clearly appears to have been a legislative response to our decision in Martins. … In short, we cannot conduct a balancing of the respective interests until, as in Gacke, a factual basis for them has been established.

Boelman v. Manson State Bank

522 N.W.2d 73 · Supreme Court of Iowa · Sep 21, 1994

To establish a claim under section 504, Boelman also had to show that he was “qualified” for his position. Southeastern Community College v. … Consequently, no matter whose version of the facts we accept, Boelman’s disability clearly motivated his termination.

H & Z Vending v. Iowa Department of Inspections & Appeals

511 N.W.2d 397 · Supreme Court of Iowa · Jan 19, 1994

The plain meaning of the language of section 99B.10 is that devices that qualify thereunder may be lawfully owned, possessed, and offered for use. … The object of statutory interpretation is to discover the true intention of the legislature considering the clearly stated objects and purposes involved. Id.; Lau v. City of Oelwein, 336 N.W.2d 202, 203 (Iowa 1983).

Bryan v. Chicago, Rock Island & Pacific Railway Co.

63 Iowa 464 · Supreme Court of Iowa · Apr 25, 1884

The instruction is clearly erroneous. See Fitzgerald v. McCarty, 55 Iowa, 702 , and cases cited. 2. Evidence: preponderance of: what constitutes: instruction. II. … The burden rests upon defendant to establish such defense, and not upon plaintiff to prove that it did not exist. Other questions discussed by counsel need not be considered.

Westphal v. City of Council Bluffs

275 N.W.2d 439 · Supreme Court of Iowa · Feb 21, 1979

“until his successor is *443 elected and qualified.” No successor to Brown was elected on the first Tuesday of April, 1921, and hence there was no successor to qualify. … established by existing law.

Goldstein v. St. Paul Fire & Marine Insurance

124 Iowa 143 · Supreme Court of Iowa · May 9, 1904

Counsel for appellant argue with much earnestness that the alleged fraud in plaintiffs claim is so clearly and overwhelmingly established by the evidence that the court must hold the verdict to be without support. … The alleged fraud was not so clearly made out that the court could say, as a matter of law, it had been sufficiently established.

Sievers v. Iowa Mutual Insurance Co.

581 N.W.2d 633 · Supreme Court of Iowa · Jul 29, 1998

Thus, for chiropractic treatment to qualify as health care services under the Act, an employee must establish the following: (1) the chiropractor performing the treatment is authorized to practice in the state in which the … Although the deféndant need not establish this by a preponderance of the evidence, he must clearly set forth some legitimate nondiscriminatory basis for his action.