Case law

Miller v. Davis

193 Iowa 611 · Supreme Court of Iowa · Apr 4, 1922

The court, by its instructions, submitted to the jury these several matters, and gave an instruction as to the measure of damages, if the jury should find plaintiffs’ several claims established. … We have said that the wdtness had qualified as an expert to speak on such matters. The objection in the first place was not timely.

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).

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.

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.

The Estate of Erika L. Herren Anderson, by and Through Its Duly Appointed Administrator, Todd Herren and Todd Herren, Individually and as Next Best Friend and Natural Father of Ryan Herren, a Minor, and Brynn Herren, a Minor v. Iowa Dermatology Clinic, PLC, a Corporation Charles W. Love, an Individual and Pathology Laboratory, P.C., a Corporation N/K/A Iowa Pathology Associates, P.C.

819 N.W.2d 408 · Supreme Court of Iowa · Jul 13, 2012

The plaintiffs contend a board-certified pathologist is the “best qualified person” to interpret such specimens and that had Erika been informed that the specimen would not be evaluated by a pathologist she would have … conclude by noting that our decision in this case evidences the harsh consequences of statutes of repose that “reflect the legislative conclusion that a point in time arrives beyond which a potential defendant should be immune

In Re Will & Testament of Carson

227 Iowa 941 · Supreme Court of Iowa · Dec 12, 1939

Judge Hasner was clearly right in these rulings. … will shall have been duly qualified and a settlement shall have been made between said trustees and these executors.”

Thompson v. Stearns Chemical Corp.

345 N.W.2d 131 · Supreme Court of Iowa · Feb 15, 1984

A manufacturer’s liability, whether premised on grounds of negligence, strict liability or implied warranty, is still established by showing a breach of legal duty. … It further points out that the underpinning of the Goetzman decision is clearly one of “fairness” and quotes our statement that “the main reason for changing the doctrine of contributory negligence as a complete bar to recovery

State v. Meyer

135 Iowa 507 · Supreme Court of Iowa · Oct 15, 1907

In other words, she was sensible of the wickedness of telling a falsehood, and comprehended the danger of not telling the truth; and this, under the authorities generally and our statute, qualified her to speak as a witness … The fact of venue may be established like any other fact, and, where the fair inference from the evidence adduced or the circumstances proven is that the transaction in issue occurred within the county, the finding of the

Stevens Ex Rel. Stevens v. Des Moines Independent Community School District

528 N.W.2d 117 · Supreme Court of Iowa · Feb 22, 1995

We address the issue raised by Instruction No. 24, despite Stevens’ failure to clearly state the grounds for the objection. … It is clearly unsound to afford immunity to a negligent defendant because the intervening force, the very anticipation of which made his conduct negligent, has brought about the expected harm.

Lytle v. May

49 Iowa 224 · Supreme Court of Iowa · Oct 10, 1878

The record shows clearly enough the action of the court complained of, but fails to show upon what grounds it was had. … is elected and qualified.

Bishop v. Keystone Area Education Agency Number 1

275 N.W.2d 744 · Supreme Court of Iowa · Feb 21, 1979

According to this evidence he sees his view on an issue very clearly and he presents it forcefully; he sometimes polarizes colleagues causing dissension, whereas the work of the county systems and now the area systems requires … Comment: Legal counsel has advised that only the board can determine if an individual’s qualifications establish eligibility for preference.

Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith v. City of Cedar Rapids and Gatso USA, Inc.

922 N.W.2d 524 · Supreme Court of Iowa · Jan 25, 2019

The term "infringement" in this context is a term of art with at least some ambiguity, but it clearly does not mean anything that impacts travel. See Matsuo , 586 F.3d at 1184 . … Equal Protection, Privileges and Immunities Claims. 1. Introduction. We now consider the plaintiffs' equal protection and privileges and immunities claims under article I, section 6 of the Iowa Constitution.

State v. Bartels

191 Iowa 1060 · Supreme Court of Iowa · Feb 12, 1921

We are referring to these, statutes merely to show the established and settled policy of the state. … Was this consistent with tire established 'policy of the state?

State v. Hollins

184 N.W.2d 676 · Supreme Court of Iowa · Mar 11, 1971

Lynch, N.Y., 1968, 23 N.Y.2d 262 , 296 N.Y.S.2d 327 , 244 N.E.2d 29, 35 , the court says: “Defendant argues, however, that the privilege was waived when Toomer accepted immunity and testified. … Although the store owner did not clearly identify the nine 6-packs as coming from his store the testimony of Swolley, Drum-heller and officer Black is sufficient to support a jury finding they were taken from the store.

Robert's River Rides, Inc. v. Steamboat Development Corp.

520 N.W.2d 294 · Supreme Court of Iowa · Jul 27, 1994

“A privilege may be either absolute, in which event there can be no liability under any circumstances, even if actual malice is shown, or it may be conditioned or qualified, which provides immunity in some, but not all, instances … The protection of a qualified privilege is lost, however, on proof of actual malice.

Bennett v. City of Redfield

446 N.W.2d 467 · Supreme Court of Iowa · Sep 20, 1989

Privileges and Immunities. … The employer’s action must offend a clearly articulated public policy of this state to be actionable. Id. at 559 . The City has not violated any clearly articulated public policy of the state.

State v. Heck

301 N.W.2d 741 · Supreme Court of Iowa · Feb 18, 1981

There is abuse only if it is shown that the discretion was exercised for reasons clearly untenable, or to an extent clearly unreasonable. State v. … After the officer was qualified as an expert witness on the subject of narcotics the following occurred: Q.

Andover Volunteer Fire Department v. Grinnell Mutual Reinsurance Co.

787 N.W.2d 75 · Supreme Court of Iowa · Aug 13, 2010

See Iowa Code § 86.8 (1) (establishing the commissioner’s duty to “[ajdopt and enforce rules necessary to implement” workers’ compensation laws). … Clearly, the legislature understood that compensable injuries can occur both on and off work premises.

State Farm Automobile Insurance Co. v. Malcolm

259 N.W.2d 833 · Supreme Court of Iowa · Nov 23, 1977

Clearly the purpose of section 2679 as amended is to substitute the liability of the United States for that of the employee and to immunize the federal employee from personal liability on claims arising from vehicle accidents … and a separate owner who is not immune and is potentially liable under the Michigan Automobile Ownership Statute.