Iowa Case Commentaries

Foreseeability of Damages in Insurance Contract Breach Claims: Iowa Supreme Court's Ruling in Royal Indemnity v. Factory Mutual

Date: Aug 6, 2010

Foreseeability of Damages in Insurance Contract Breach Claims: Iowa Supreme Court's Ruling in Royal Indemnity v. Factory Mutual Introduction The case of Royal Indemnity Company versus Factory Mutual...

Specific Intent Requirement in Assault under Iowa Law: State v. Fountain

Date: Jul 31, 2010

Specific Intent Requirement in Assault under Iowa Law: State v. Fountain Introduction In State of Iowa v. Emmanuel Fountain (786 N.W.2d 260, 2010), the Supreme Court of Iowa addressed a pivotal issue...

Defining "Employee" in Correctional Settings: Renda v. Iowa Civil Rights Commission

Date: Jul 15, 2010

Defining "Employee" in Correctional Settings: Renda v. Iowa Civil Rights Commission Introduction In the landmark case Melissa Lee Renda v. Iowa Civil Rights Commission, adjudicated by the Supreme...

Revising the Preservation of Ineffective Assistance of Counsel Claims: Iowa Supreme Court in State v. Johnson

Date: Jul 10, 2010

Revising the Preservation of Ineffective Assistance of Counsel Claims: Iowa Supreme Court in State v. Johnson Introduction In State of Iowa v. Andrew Russell Johnson, 784 N.W.2d 192 (Iowa 2010), the...

Attorney Fee Allocation in Managed Care Contracts: Insights from NEVADACARE, INC. v. Department of Human Services

Date: Jun 23, 2010

Attorney Fee Allocation in Managed Care Contracts: Insights from NEVADACARE, INC. v. Department of Human Services Introduction The Supreme Court of Iowa's decision in NEVADACARE, INC. d/b/a i/hx Iowa...

Lifetime Parole and Probation Conditions Under Scrutiny: In-Depth Analysis of State v. Lathrop

Date: Apr 24, 2010

Lifetime Parole and Probation Conditions Under Scrutiny: In-Depth Analysis of State of Iowa v. Lathrop Introduction State of Iowa v. Ritchie Lee Lathrop is a pivotal case adjudicated by the Supreme...

Reasonableness of Withholding Consent to Sublease in Commercial Leases: Superior Staffing v. Agans Brothers, Inc.

Date: Feb 6, 2010

Reasonableness of Withholding Consent to Sublease in Commercial Leases: Superior Staffing v. Agans Brothers, Inc. Introduction Superior Staffing, represented by Bill Van Sloun, engaged in a legal...

De Novo Review Standard for Termination of Parental Rights under Iowa Code § 232.116

Date: Jan 30, 2010

De Novo Review Standard for Termination of Parental Rights under Iowa Code § 232.116 Introduction The case of In the Interest of P.L., Minor Child, O.L.-V., Father, Appellant, State of Iowa, Appellee...

Iowa Supreme Court Establishes De Novo Standard for Competency Reviews and Clarifies Second-Degree Murder as a General Intent Crime in State v. Lyman

Date: Jan 9, 2010

Iowa Supreme Court Establishes De Novo Standard for Competency Reviews and Clarifies Second-Degree Murder as a General Intent Crime in State of Iowa v. June Betty Lyman Introduction State of Iowa v....

Finality of Divorce Decrees and Endorsement of Service-Factor Percentage Method in Pension Division: In re Marriage of Brown

Date: Dec 19, 2009

Finality of Divorce Decrees and Endorsement of Service-Factor Percentage Method in Pension Division: In re Marriage of Brown Introduction The Supreme Court of Iowa, in the case of In re the Marriage...

Establishing Common Law Duty to Prevent Roadway Obstruction from Personal Property: Thompson v. Kaczinski and Lockwood

Date: Nov 14, 2009

Establishing Common Law Duty to Prevent Roadway Obstruction from Personal Property: Thompson v. Kaczinski and Lockwood Introduction In Thompson v. Kaczinski and Lockwood, the Supreme Court of Iowa...

Kale Swainston v. American Family Mutual Insurance Company: Expanding Uninsured Motorist Coverage under Iowa Code §516A.2(3)

Date: Oct 29, 2009

Kale Swainston v. American Family Mutual Insurance Company: Expanding Uninsured Motorist Coverage under Iowa Code §516A.2(3) Introduction In the landmark case of Kale Swainston and Stephanie...

Iowa Supreme Court Recognizes As-Applied Cruel and Unusual Punishment Challenges for Juvenile-Enhanced Sentencing

Date: Oct 3, 2009

Iowa Supreme Court Recognizes As-Applied Cruel and Unusual Punishment Challenges for Juvenile-Enhanced Sentencing Introduction In State of Iowa v. Jordan Ke (773 N.W.2d 862), the Supreme Court of...

Statement Against Interest Exception in Hearsay Admissibility: State v. Paredes Establishes New Precedent

Date: Sep 19, 2009

Statement Against Interest Exception in Hearsay Admissibility: State v. Paredes Establishes New Precedent Introduction The case State of Iowa v. Edwin Bello Paredes (773 N.W.2d 844) adjudicated by...

Iowa Supreme Court Reinforces Necessity of Pretext Instructions in Pregnancy Discrimination Litigation

Date: Aug 29, 2009

Iowa Supreme Court Reinforces Necessity of Pretext Instructions in Pregnancy Discrimination Litigation Introduction The case of Elizabeth Chacey DeBoom v. Raining Rose, Inc. presents a significant...

Ineffective Assistance of Counsel in Guilty Plea Proceedings: The Carroll Decision

Date: Jun 27, 2009

Ineffective Assistance of Counsel in Guilty Plea Proceedings: The Carroll Decision Introduction In the landmark case of STATE of Iowa v. Nathan John Carroll, 767 N.W.2d 638 (Iowa, 2009), the Supreme...

Iowa Supreme Court Declares Mandatory Reimbursement for Indigent Acquitted Defendants Unconstitutional

Date: May 30, 2009

Iowa Supreme Court Declares Mandatory Reimbursement for Indigent Acquitted Defendants Unconstitutional Introduction In the landmark case of State of Iowa v. Larry Gene Dudley, Sr. (766 N.W.2d 606),...

Recognition of Same-Sex Marriage under Equal Protection: Varnum v. Brien

Date: Apr 4, 2009

Recognition of Same-Sex Marriage under Equal Protection: Varnum v. Brien Introduction Varnum v. Brien is a landmark decision by the Supreme Court of Iowa, delivered on April 3, 2009. This case...

Wrongful Discharge Based on Administrative Regulations and Corporate Officer Liability: Jasper v. Nizam, Inc., Supreme Court of Iowa, 2009

Date: Mar 6, 2009

Wrongful Discharge Based on Administrative Regulations and Corporate Officer Liability: Jasper v. Nizam, Inc., Supreme Court of Iowa, 2009 Introduction The case of Kimberly S. Jasper v. H. Nizam,...

Thorson v. Larson Manufacturing: Establishing the Manifestation Standard and Extending Temporary Partial Disability Benefits in Cumulative Injury Claims

Date: Mar 5, 2009

Thorson v. Larson Manufacturing: Establishing the Manifestation Standard and Extending Temporary Partial Disability Benefits in Cumulative Injury Claims Introduction In the landmark case of THORSON...