Case law

Chidester v. Needles

353 N.W.2d 849 · Supreme Court of Iowa · Aug 22, 1984

Here the facts clearly establish that plaintiff willfully refused to obey the order for production of the medical records. … However broad the patients’ constitutional privacy interest may be, that interest constitutes at most a qualified rather than an absolute privilege.

In Re Estate of Luke

184 N.W.2d 42 · Supreme Court of Iowa · Feb 9, 1971

Rather she devised and bequeath-] ed same to the parties designated followed by the qualifying provision. … We find Paragraph IV clearly expresses!

Becker v. Board of Education of Benton County

258 Iowa 277 · Supreme Court of Iowa · Dec 14, 1965

None was established according to the trial court’s detailed findings and conclusions. … The General Assembly has power to enact any legislation it sees fit provided it is not clearly and plainly prohibited by some constitutional provision.

Harvey v. Clayton

206 Iowa 187 · Supreme Court of Iowa · Jun 26, 1928

According to the nomination in the testament, Harry Gutshall was appointed executor, duly and timely qualified as such, made his final report, which was approved, and was ultimately discharged, October 16, 1886, after full … Seibert, 128 Iowa 746 ), “under established and recognized canons of construction”' (Todd v. Stewart, 199 Iowa 821 ).

In Re Legislative Districting of General Assembly

193 N.W.2d 784 · Supreme Court of Iowa · Jan 14, 1972

All of the applicants are concededly qualified electors of this State. Applicants Noun, Lloyd-Jones and Owens, in their application contend: 1. … Attorney fees may not be awarded as part of costs unless clearly authorized by constitutional provision, statute, rule or contract.

Cheryl Albaugh v. The Reserve

930 N.W.2d 676 · Supreme Court of Iowa · Jun 28, 2019

Nevertheless, the agreement between Voumard and the Reserve clearly states otherwise. … Ins. , 348 N.W.2d 633 , 635 (Iowa 1984) (holding there was no clearly defined fiduciary duty in an arms-length relationship).

Tiffany v. County Board of Review Ex Rel. Greene County

188 N.W.2d 343 · Supreme Court of Iowa · Jun 17, 1971

by “willing buyer-willing seller” method, but that “market value” must be established by the other formulae. … Because of the newness of the fair market value standard this was not expressed as clearly by the witnesses as it might be in future cases.

Cincinnati Insurance Co. v. Hopkins Sporting Goods, Inc.

522 N.W.2d 837 · Supreme Court of Iowa · Oct 19, 1994

(in) All costs, fees and other expenses incurred by the Insured in establishing *839 the existence of or amount of loss covered under this Policy. … Section 1 of the endorsement, previously quoted, clearly supports Cincinnáti’s view. We agree, though, that the meaning of the language is clouded by provision C of the general agreements, also previously quoted.

Chicago Title Insurance Co. v. Huff

256 N.W.2d 17 · Supreme Court of Iowa · Jun 29, 1977

It is similarly suggested by Chicago Title that if a business is “lawful” or “legitimate”, such activity is somehow clothed with an aura immunizing it from exclusion by any state legislature. … Thompson, 217 N.W.2d 687, 689-690 (Iowa 1974): “[Plaintiff has] assumed a heavy burden as the following propositions are well established.

Allen v. Travelers Protective Ass'n of America

163 Iowa 217 · Supreme Court of Iowa · Oct 25, 1913

And this is especially so where a vital fact is sought to be established only by inference from attending circumstances. … The injury involved is clearly within the fair scope and spirit of accident insurance.

Bloomquist v. Wapello County

500 N.W.2d 1 · Supreme Court of Iowa · Apr 21, 1993

Their problems basically consisted of respiratory problems, immune problems, brain damage, urinary incontinence, and fecal incontinence. Other doctors, including Dr. Frank Gersh, a neuropsychologist, and Dr. … Iowa Eule of Evidence 702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge

State v. Johnson

224 N.W.2d 617 · Supreme Court of Iowa · Dec 18, 1974

A decision clearly wrong on this question of balancing probative value against danger of prejudice will be corrected on appeal as an abuse of discretion.” … In this case the State’s evidence of the alleged Dubuque offense lacked probative value because defendant’s culpability in it was not clearly shown.

Tina Haskenhoff v. Homeland Energy Solutions, LLC

897 N.W.2d 553 · Supreme Court of Iowa · Jun 23, 2017

We reverse district court rulings on the admissibility of expert opinion testimony “only when the record shows ‘the court exercised [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable … Haskenhoff did not establish as a matter of law that HES failed to take prompt and appropriate action.

Head v. Colloton

331 N.W.2d 870 · Supreme Court of Iowa · Mar 28, 1983

Then, when it later established an experimental program involving bone marrow transplants between unrelated persons, the hospital, without Mrs. … Use of this word would be superfluous in section 68A.7(2) unless the qualifying language modifies the term “hospital records” as well as “medical records.”

William C. Brown Co. v. General American Life Insurance Co.

450 N.W.2d 867 · Supreme Court of Iowa · Jan 24, 1990

In its COB provision, the Brown group plan establishes the following rules to determine when its obligation is primary and when it is secondary: For the purposes of these provisions the rules establishing the order of benefits … loss is also covered by [a] ... medical or hospital services plan, then the coverage provided by this policy shall be deemed to be excess to that provided by the ... medical or hospital services plan. *873 This language clearly

State v. Mary

368 N.W.2d 166 · Supreme Court of Iowa · May 22, 1985

substantially similar circumstances to qualify as a habit. … We cannot do so on this record, however, because the trial court clearly exercised no discretion on the matter.

Welden v. Ray

229 N.W.2d 706 · Supreme Court of Iowa · May 12, 1975

Section 5 provided, "The permanent resident engineers' offices presently established by the state highway commission shall not be moved from their locations, however, the commission may establish not more than two temporary … In Highway Commission we clearly established the following principles: 1. An "item" in an appropriation measure is the same as a "part" or "parts" thereof. 2.

Amended September 23, 2014 Palmer College of Chiropractic v. Davenport Civil Rights Commission and Aaron Cannon

Supreme Court of Iowa · Jun 27, 2014

While these authorities are often persuasive, we note we are also guided by the breadth of the protections very clearly set forth in both ICRA and the DCRO. … (noting “[i]n most cases, we believe that, as in the qualified immunity context, the issue of whether the facts alleged by a university support its claim that it has met its duty of reasonable accommodation will be a ‘

Reichard v. Chicago, Burlington & Quincy Railroad

231 Iowa 563 · Supreme Court of Iowa · Jan 13, 1942

In all of them, the fee was treated as “base,” “qualified,” or “determinable.” … A. 750, 765: “A distinction not always clearly made should, however, be borne in mind.

James Keefe And Kathy Keefe Vs. Renald Bernard And Mcfarland Clinic, P.c.

Supreme Court of Iowa · Oct 30, 2009

Iowa Rule of Civil Procedure 1.503(3) codifies a qualified immunity from discovery of materials prepared in anticipation of litigation. 10 Shook, 497 N.W.2d at 886. … The Keefes claim special circumstances establish a substantial need for the memorandum authored by Rouwenhorst in this case. Without the memorandum, the Keefes assert they cannot otherwise know if Dr.