exception rather rule (Iowa) · Go Syfert
← Iowa issues

exception rather rule in Iowa

6 Iowa opinions name it 2 courts 1963–2026 3 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Renee Hummel v. Adam B. Smith, Adam Smith, M.D., P.C., and Tri-State Specialists, L.L.P.green
iowa · 2023 · cited in 1 Iowa opinions naming this issue, 2026–2026
1 sentence

2026This seems especially appropriate in Iowa, where our legislature has said it is “presumed” that when it enacts a statute, “[t]he entire statute is intended to be effective.” Iowa Code § 4.4 (2); see also Hummel v. Smith, 999 N.W.2d 301 , 306 (Iowa 2023) (applying the presumption against superfluous words).

11
Iowa Supreme Court Attorney Disciplinary Board v. Rodney Howard Powellgreen
iowa · 2017 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021“While rule 32:1.8(a) does not prohibit business dealings between a lawyer and his or her client, it imposes stringent requirements on such a transaction.” Iowa Sup. Ct. Att’y Disciplinary Bd. v. Powell, 901 N.W.2d 513, 515 (Iowa 2017) (quoting Iowa Sup. Ct. Att’y Disciplinary Bd. v. Marks, 814 N.W.2d 532, 538 (Iowa 2012)); see also Iowa Sup. Ct. Att’y Disciplinary Bd. v. Hamer, 915 N.W.2d 302, 322 (Iowa 2018) (recognizing rule 32:1.8 as imposing “harsh and demanding” 17 responsibilities on attorneys and noting the “onerous burden . . . should make such business transactions the exception rath

11
Iowa Supreme Court Attorney Disciplinary Board v. Samuel Zachary Marksgreen
iowa · 2012 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021“While rule 32:1.8(a) does not prohibit business dealings between a lawyer and his or her client, it imposes stringent requirements on such a transaction.” Iowa Sup. Ct. Att’y Disciplinary Bd. v. Powell, 901 N.W.2d 513, 515 (Iowa 2017) (quoting Iowa Sup. Ct. Att’y Disciplinary Bd. v. Marks, 814 N.W.2d 532, 538 (Iowa 2012)); see also Iowa Sup. Ct. Att’y Disciplinary Bd. v. Hamer, 915 N.W.2d 302, 322 (Iowa 2018) (recognizing rule 32:1.8 as imposing “harsh and demanding” 17 responsibilities on attorneys and noting the “onerous burden . . . should make such business transactions the exception rath

11
Iowa Supreme Court Attorney Disciplinary Bd. v. Hamergreen
iowa · 2018 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021“While rule 32:1.8(a) does not prohibit business dealings between a lawyer and his or her client, it imposes stringent requirements on such a transaction.” Iowa Sup. Ct. Att’y Disciplinary Bd. v. Powell, 901 N.W.2d 513, 515 (Iowa 2017) (quoting Iowa Sup. Ct. Att’y Disciplinary Bd. v. Marks, 814 N.W.2d 532, 538 (Iowa 2012)); see also Iowa Sup. Ct. Att’y Disciplinary Bd. v. Hamer, 915 N.W.2d 302, 322 (Iowa 2018) (recognizing rule 32:1.8 as imposing “harsh and demanding” 17 responsibilities on attorneys and noting the “onerous burden . . . should make such business transactions the exception rath

11
In the Matter of the Estate of Mary Florence Whalen, Michael Whalengreen
iowa · 2013 · cited in 1 Iowa opinions naming this issue, 2015–2015
1 sentence

2015See In re Estate of Whalen, 827 N.W.2d 184, 187 (Iowa 2013) (citing Iowa Code § 633.33 (2011)) (“Probate actions are tried in equity, except in specifically delineated circumstances.”).2 III.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Matter of Guardianship of Nemergreen
iowa · 1988 · cited in 1 Iowa opinions naming this issue, 1988–1988
1 sentence

1988But see, e.g., Nemer, 419 N.W.2d at 583 .

11

Also cited on this issue (2)

CaseCitedYears
J.D. Ray Anderson v. Iowa District Court for Woodbury County green
iowa · 2023
1 sentence

2023Ct., 989 N.W.2d 179 , 183 (Iowa 2023) (“[L]egislatures may opt for redundant drafting in relation to previously enacted statutes.” (citation omitted)); but see Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 178 (2012) (writing that “words with no meaning—language with no substantive effect—should be regarded as the exception rather than the rule”). 11 Smith involved a casino patron cheating at blackjack by increasing his “caps” after seeing he had a favorable hand. 2009 WL 3337632 , at *1.

12023–2023
Youngs v. Fort green
iowa · 1961
2 sentences

1963Youngs v. Fort, 252 Iowa 939, 947 , 109 N.W.2d 230, 234 .

1963Youngs v. Fort, 252 Iowa 939, 947 , 109 N.W.2d 230, 234 .

11963–1963

Where else courts name it

CA 42 (1941–2026) NY 29 (1939–2020) IL 20 (1958–2017) MD 20 (1986–2025) MT 16 (1929–2023) NJ 16 (1963–2025) FL 15 (1982–2025) TX 14 (1982–2026) MO 13 (1979–2014) OH 12 (1965–2017) AZ 11 (1966–2025) WI 10 (1977–2025) PA 8 (1893–2022) ME 8 (1977–2025) CO 7 (1944–2024) UT 7 (1985–2026) VT 7 (1980–2016) WA 7 (1944–2017) IA 6 (1963–2026) NM 6 (1983–2005) TN 6 (1937–2006) LA 6 (1990–2019) AL 6 (1965–2013) WV 5 (1983–2007) GA 5 (1982–2023) KY 5 (2008–2020) NC 4 (2007–2025) MA 4 (2017–2025) NH 4 (1994–2022) CT 4 (1977–2004) KS 4 (1994–2026) AR 4 (1972–2022) NE 4 (1986–2000) ND 3 (1999–2004) SD 3 (1992–2011) OK 3 (2013–2020) RI 3 (1969–2010) DE 3 (1999–2025) IN 3 (1991–2004) MS 2 (1974–2021) VI 2 (2015–2024) DC 2 (1984–1991) MI 2 (1934–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check