Case law

In The Interest Of N.n.e., Minor Child, Tyme Madiu Tribe Of The Berry Creek Racheria

752 N.W.2d 1 · Supreme Court of Iowa · Jun 13, 2008

(ii) The extraordinary physical or emotional needs of the child as established by testimony of a qualified expert witness. … An abuse of discretion is only found when a court exercises “its discretion on grounds or for reasons that are clearly untenable or to an extent that is clearly unreasonable.” Baker v.

In The Matter Of The College Community School District Board Of Directors' Consideration Of The Recommended Termination Of The Teaching Contract Of John Gianforte. John Gianforte Vs. Richard Whitehead And College Community School District

Supreme Court of Iowa · Oct 9, 2009

An abuse of discretion occurs when “the court exercise[s] [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. … The termination of a contract by the board is governed by rules and regulations established by the legislature in chapter 279 of the Code.

Cutler v. Board of Directors

172 Iowa 361 · Supreme Court of Iowa · Oct 28, 1915

The sole office of the board in such cases is to determine, first, whether the town or village has more than 100 inhabitants, and whether the petition is signed by 10 or more qualified voters, and, if these conditions have … been met, then it is their duty to proceed to establish the boundaries and call the meeting of the voters.

Hagan v. Val-Hi, Inc.

484 N.W.2d 173 · Supreme Court of Iowa · Apr 15, 1992

Under this rule, personal jurisdiction extends to the boundaries established by the due process clause of the United States Constitution. Larsen v. Scholl, 296 N.W.2d 785, 789 (Iowa 1980). … As other courts have clearly stated: “Any other ruling would allow corporations to immunize themselves by formalistically changing their titles.” Duris, 684 F.2d at 356 .

Johnson v. Interstate Power Co.

481 N.W.2d 310 · Supreme Court of Iowa · Feb 19, 1992

Clearly, Interstate’s counsel opened the door as to the 1977 NESC. … Clearly certain independent obligations run with the sale from the manufacturer to the buyer.

Donald Lyle Clark v. State of Iowa

Supreme Court of Iowa · Jun 7, 2024

McCoy, 742 N.W.2d 593, 596, 599 (Iowa 2007) (holding that the “person must establish more than the absence of guilt in law to establish innocence under section 66[3]A.1(2)[, t]he person must be factually innocent, not merely … In Barker, we described the same statutory protection for court-appointed counsel in Iowa Code section 815.10(6) as establishing “immunity for appointed counsel unless a postconviction court determines that the client’s ‘

Matthew Lewis Hunter v. City of Des Moines, Iowa; and Des Moines Police Bargaining Unit, Jane Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 4, and John Doe No. 5

Supreme Court of Iowa · Apr 24, 2026

Whether Hunter was qualified. … In order to establish that he was qualified, Hunter needed to prove that, with or without a reasonable accommodation, he could “perform the essential functions of the position in question without endangering the health

Lara v. Thomas

512 N.W.2d 777 · Supreme Court of Iowa · Feb 23, 1994

The burden is on the defendant to establish the existence of a qualified privilege. … . *786 Thomas clearly had a valid interest in safeguarding his. business reputation and the health of his clients’ animals.

Renee Hummel v. Adam B. Smith, Adam Smith, M.D., P.C., and Tri-State Specialists, L.L.P.

Supreme Court of Iowa · Dec 22, 2023

Clearly, Dr. Marfuggi would have qualified as a standard-of-care expert if he had signed the certificate of merit affidavit and the expert report in 2018, before his retirement. … In this context, “license to practice” clearly means an active license.

German Insurance v. Chicago & Northwestern Railway Co.

128 Iowa 386 · Supreme Court of Iowa · Jul 12, 1905

City of Ottumwa, 60 Iowa, 429 , and other like cases. 2 Same Other qualified witnesses described the character of the engines which might have set out the fire as belonging to what is known as class “ E.” … The court instructed that the burden of proof was upon the plaintiff to establish all the material allegations of its petition.

Pepper v. Star Equipment, Ltd.

484 N.W.2d 156 · Supreme Court of Iowa · Apr 15, 1992

Star Equipment responded *157 by asserting affirmative defenses of contributory fault and distributor's immunity under Iowa Code section 613.18(1) (1989). … Subparagraph two of section 613.18 clearly exposes a seller or distributor who is also the assembler of a product to liability for injury that has no causal relationship to the assembly of the product whenever the manufacturer

Kordick Plumbing and Heating Company v. Sarcone

190 N.W.2d 115 · Supreme Court of Iowa · Sep 9, 1971

We, therefore, conclude Article 11 of the ordinance establishing the R-4 mobile home residence park district, when considered with the other articles of the ordinance, clearly limits the establishment of mobile home residence … However, the trend is very clearly away from permitting higher uses to be established in lower use districts as a matter of right. In Kozesnik v.

Renee Hummel v. Adam B. Smith, Adam Smith, M.D., P.C., and Tri-State Specialists, L.L.P.

Supreme Court of Iowa · Dec 22, 2023

Clearly, Dr. Marfuggi would have qualified as a standard-of-care expert if he had signed the certificate of merit affidavit and the expert report in 2018, before his retirement. … In this context, “license to practice” clearly means an active license.

Appeal of Board of Directors of Grimes Ind. Sch. Dist.

257 Iowa 106 · Supreme Court of Iowa · Dec 15, 1964

Clearly Polk County Board of Education could have appealed the state department’s decision to the district court. … It also provides the appointee shall qualify within ten days in the manner required by section 277.28.

State of Iowa v. Richard Allen Sharples

Supreme Court of Iowa · May 29, 2026

The enhanced sentence was clearly not appropriate under sections 902.8 and 902.9(2) and is therefore void. 613 N.W.2d at 218. … This defendant, however, still does not qualify.

Mason & Hanger-Silas Mason Co. v. Iowa State Tax Commission

258 Iowa 531 · Supreme Court of Iowa · Jan 11, 1966

chapter 264 does not entitle appellees to relief because 1) the assessment was confirmed before the Act took effect and it should not be given what is said to be a retroactive effect, and 2) plaintiff and intervenor do not' qualify … The principal point the trial court determined was clearly raised by the petitions of plaintiff and intervenor. The court had discretion under the rule to decide it.

American Eyecare Vs. Department Of Human Services

Supreme Court of Iowa · Jul 17, 2009

from the establishment of that fact are understood to be serious and of great importance. … However, the statute does not clearly give DHS the authority to interpret its rules and regulations. See State v. Pub.

McCarthy v. Cutchall

209 Iowa 193 · Supreme Court of Iowa · Jun 24, 1929

It is contended by the appellant that the record does not show that the receiver duly qualified as such officer. … Ethridge, 70 Iowa 27 , is clearly distinguishable. In that action, a deputy United States marshal seized goods on an attachment issued from the United States court.

State v. Henderson

199 N.W.2d 111 · Supreme Court of Iowa · Jun 29, 1972

In Winship, supra, the court clearly indicated it was expressing no opinion upon the portions of the statute which deal with New York procedures governing children “in need of supervision”. … We are satisfied, however, the term “clear and convincing” connotes the establishment of facts by more than a preponderance of the evidence, but something less than establishing a factual situation beyond a reasonable doubt

State of Iowa v. Jesse Lee McCollaugh

Supreme Court of Iowa · Apr 19, 2024

The videos show Raylee’s sister urinating and then wiping—revealing her genitalia in the process—clearly unaware of the fact that she was being filmed. … establish that the court actually considered and relied on the unsupported fact in determining its sentence.