30 Iowa opinions name it 2 courts 1978–2026 4 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.
| Case | Followed | Cited |
|---|---|---|
State v. Diaz-Reygreen2 sentences2017Likewise, in State v. Diaz-Rey, the Missouri Court of Appeals rejected a preemption defense to a forgery charge based on the use of a false social security card to obtain employment. 397 S.W.3d 5, 10 (Mo. Ct. App. 2013). 2017Likewise, in State v. Diaz-Rey, the Missouri Court of Appeals rejected a preemption defense to a forgery charge based on the use of a false social security card to obtain employment. 397 S.W.3d 5, 10 (Mo. Ct. App. 2013). | 4 | 4 |
Beerite Tire Disposal/Recycling, Inc. v. City of Rhodesgreen2 sentences2006Drawing on language from BeeRite Tire Disposal/Recycling, Inc. v. City of Rhodes, 646 N.W.2d 857, 860 (Iowa Ct. App. 2002), the City claims its administrative fee further promotes the underlying policy of the Act “with greater force” and “merely” increased “the details of the existing regulation.” In BeeRite, the city of Rhodes passed an ordinance regulating the disposal of old tires. 646 N.W.2d at 858 . 2006Drawing on language from BeeRite Tire Disposal/Recycling, Inc. v. City of Rhodes, 646 N.W.2d 857, 860 (Iowa Ct. App. 2002), the City claims its administrative fee further promotes the underlying policy of the Act “with greater force” and “merely” increased “the details of the existing regulation.” In BeeRite, the city of Rhodes passed an ordinance regulating the disposal of old tires. 646 N.W.2d at 858 . | 2 | 2 |
QUYNN v. HULSEYgreen1 sentence2026See Quynn v. Hulsey, 850 S.E.2d 725 , 729–30 (Ga. 2020); McQueen v. Green, 202 N.E.3d 268, 280 (Ill. 2022); Marquis v. State Farm Fire & Cas. | 1 | 1 |
Marquis v. State Farm Fire & Casualty Co.green1 sentence2026Therefore, “claims based on [direct negligence] are independent of claims based on respondeat superior, and the existence of one claim does not render the other claim superfluous or unnecessary.” Id. at 251 (quoting Gordon v. Tractor Supply Co., No. M2015–01049–COA–R3–CV, 2016 WL 3349024 , at *12 (Tenn. Ct. App. June 8, 2016)); see also Marquis, 961 P.2d at 1225 (“Because the torts of negligent hiring, retention, or supervision are recognized in Kansas as separate torts that are not derivative of the employee’s negligence, an admission that the employee was acting within the scope of his or he | 1 | 1 |
McQueen v. Greengreen1 sentence2026See Quynn v. Hulsey, 850 S.E.2d 725 , 729–30 (Ga. 2020); McQueen v. Green, 202 N.E.3d 268, 280 (Ill. 2022); Marquis v. State Farm Fire & Cas. | 1 | 1 |
James v. Kelly Trucking Co.green2 sentences2026Therefore, “claims based on [direct negligence] are independent of claims based on respondeat superior, and the existence of one claim does not render the other claim superfluous or unnecessary.” Id. at 251 (quoting Gordon v. Tractor Supply Co., No. M2015–01049–COA–R3–CV, 2016 WL 3349024 , at *12 (Tenn. Ct. App. June 8, 2016)); see also Marquis, 961 P.2d at 1225 (“Because the torts of negligent hiring, retention, or supervision are recognized in Kansas as separate torts that are not derivative of the employee’s negligence, an admission that the employee was acting within the scope of his or he 2026As the South Carolina Supreme Court explained, the preemption rule “gives impermissibly short-shrift to the trial court’s ability to judge the admission of evidence and to 14 protect the integrity of trial, and to the jury’s ability to follow the trial court’s instructions.” James, 661 S.E.2d at 331 . | 1 | 1 |
Diaz v. Carcamogreen1 sentence2026See Diaz v. Carcamo, 253 P.3d 535 , 543–44 (Cal. 2011); Ferrer v. Okbamicael, 390 P.3d 836 , 841–42 (Colo. 2017) (en banc), superseded by statute, 2021 Colo. Sess. 10 Laws ch. 147, § 1 (codified at Colo. Rev. | 1 | 1 |
Ferrer v. Okbamicaelred2 sentences2026See Diaz v. Carcamo, 253 P.3d 535 , 543–44 (Cal. 2011); Ferrer v. Okbamicael, 390 P.3d 836 , 841–42 (Colo. 2017) (en banc), superseded by statute, 2021 Colo. Sess. 10 Laws ch. 147, § 1 (codified at Colo. Rev. 2026Under the preemption rule, the employer’s vicarious liability already captures the full measure of its employee’s fault; the employer has already acknowledged its liability “for one hundred percent of the damages attributable to the employee’s negligence.” Ferrer, 390 P.3d at 845 . | 1 | 1 |
City of Council Bluffs v. Caingreen1 sentence2024III, § 38A.1 “[M]unicipal governments may not undertake to legislate those matters which the legislative branch of state government has preserved to itself,” City of Council Bluffs v. Cain, 342 N.W.2d 810, 812 (Iowa 1983), but municipalities may exercise their police powers “over local affairs” without any “express legislative approval or authorization,” Seymour, 755 N.W.2d at 538 .2 “In order to determine whether municipal action is permitted or prohibited by the legislature, courts have developed the doctrine of preemption.” Id. | 1 | 1 |
Bond v. United Statesgreen2 sentences2021Bond v. United States, 572 U.S. 844, 858 , 134 S. Ct. 2077, 2088 (2014); State v. CSX Transp., Inc., 154 N.E.3d 327, 331 (Ohio Ct. App. 2020). 2021Bond v. United States, 572 U.S. 844, 858 , 134 S. Ct. 2077, 2088 (2014); State v. CSX Transp., Inc., 154 N.E.3d 327, 331 (Ohio Ct. App. 2020). | 1 | 1 |
State v. CSX Transp., Inc.green1 sentence2021Bond v. United States, 572 U.S. 844, 858 , 134 S. Ct. 2077, 2088 (2014); State v. CSX Transp., Inc., 154 N.E.3d 327, 331 (Ohio Ct. App. 2020). | 1 | 1 |
Patricia A. Johnson v. Michael R. Mastersgreen1 sentence2017Because a contempt proceeding is a "special action” under Iowa law, it is not subject to the requirement in Iowa Rule of Civil Procedure 1.301 that "a civil action is commenced by filing a petition with the court.” See Johnson, 830 N.W.2d at 654 (plurality opinion) (rejecting argument that since civil actions commence with the filing and service of a summons and complaint, a postjudgment motion is not an “action upon a judgment or decree”). | 1 | 1 |
City of Clinton v. Cedar Rapids & Missouri River Railroadgreen1 sentence2008City of Clinton v. Cedar Rapids & Mo. River R.R., 24 Iowa 455, 475 (1868). | 1 | 1 |
MediaOne Group, Inc. v. COUNTY OF HENRICO, VIR.green1 sentence2001The ability of local governments to impose requirements on franchised cable systems extends only as far as the preemption doctrine permits. 4 See 47 U.S.C. § 556 (c) (1994) (providing that any franchising provision “which is inconsistent with this chapter shall be deemed to be preempted and superseded”); MediaOne Group, Inc. v. County of Henrico, 97 F.Supp.2d 712, 714 (E.D.Va.2000) (holding city ordinance imposing requirement on franchised cable operator was preempted and therefore was an unlawful condition); Cablevision Sys. | 1 | 1 |
Clubine v. American Cyanamid Co.green1 sentence1999See Clubine v. American Cyanamid Co., 534 N.W.2d 385, 387 (Iowa 1995). | 1 | 1 |
Bensley v. Stategreen1 sentence1995See Bensley v. State, 468 N.W.2d 444, 445 (Iowa 1991) (a trial court can be affirmed on any ground appearing in the record whether urged in trial court or not). | 1 | 1 |
Milne Employees Association v. Sun Carriers, Inc.green1 sentence1994If a court were to dismiss a tort action merely because an employer raised the cba as an affirmative defense, the preemption doctrine “would swallow the rule that employees covered by collective bargaining agreements are entitled ‘to assert legal rights independent of that agreement....’” Milne, 960 F.2d at 1410 (citation omitted). | 1 | 1 |
Franklin Manufacturing Co. v. Iowa Civil Rights Commissiongreen1 sentence1992Co. v. Iowa Civil Rights Comm’n, 270 N.W.2d 829, 833 (Iowa 1978). | 1 | 1 |
| Pilot Life Insurance v. Dedeauxgreen | 1 | 1 |
| Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. Lockridgegreen | 1 | 1 |
| Dugdale Construction Co. v. Operative Plasterers & Cement Masons International Ass'ngreen | 1 | 1 |
| San Diego Building Trades Council v. Garmongreen | 1 | 1 |
| Lodge 76, International Ass'n of MacHinists & Aerospace Workers v. Wisconsin Employment Relations Commissiongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Davenport v. Seymour
green
2 sentences2024III, § 38A.1 “[M]unicipal governments may not undertake to legislate those matters which the legislative branch of state government has preserved to itself,” City of Council Bluffs v. Cain, 342 N.W.2d 810, 812 (Iowa 1983), but municipalities may exercise their police powers “over local affairs” without any “express legislative approval or authorization,” Seymour, 755 N.W.2d at 538 .2 “In order to determine whether municipal action is permitted or prohibited by the legislature, courts have developed the doctrine of preemption.” Id. 2024III, § 38A.1 “[M]unicipal governments may not undertake to legislate those matters which the legislative branch of state government has preserved to itself,” City of Council Bluffs v. Cain, 342 N.W.2d 810, 812 (Iowa 1983), but municipalities may exercise their police powers “over local affairs” without any “express legislative approval or authorization,” Seymour, 755 N.W.2d at 538 .2 “In order to determine whether municipal action is permitted or prohibited by the legislature, courts have developed the doctrine of preemption.” Id. | 3 | 2010–2024 |
California Division of Labor Standards Enforcement v. Dillingham Construction, N. A.
green
2 sentences2008While Magellan and Wellmark recognize the broad preemption analysis in FMC, they claim the Supreme Court significantly narrowed the scope of preemption in De Buono, 520 U.S. at 806 , 117 S.Ct. at 1747 , 138 L.Ed.2d at 21 , Dillingham, 519 U.S. at 316 , 117 S.Ct. at 832 , 136 L.Ed.2d at 791 , and Travelers Insurance, 514 U.S. at 645 , 115 S.Ct. at 1671 , 131 L.Ed.2d at 695 . 2008While Magellan and Wellmark recognize the broad preemption analysis in FMC, they claim the Supreme Court significantly narrowed the scope of preemption in De Buono, 520 U.S. at 806 , 117 S.Ct. at 1747 , 138 L.Ed.2d at 21 , Dillingham, 519 U.S. at 316 , 117 S.Ct. at 832 , 136 L.Ed.2d at 791 , and Travelers Insurance, 514 U.S. at 645 , 115 S.Ct. at 1671 , 131 L.Ed.2d at 695 . | 3 | 2008–2008 |
De Buono v. NYSA-ILA Medical & Clinical Services Fund Ex Rel. Bowers
green
2 sentences2008While Magellan and Wellmark recognize the broad preemption analysis in FMC, they claim the Supreme Court significantly narrowed the scope of preemption in De Buono, 520 U.S. at 806 , 117 S. Ct. at 1747 , 138 L. 2008While Magellan and Wellmark recognize the broad preemption analysis in FMC, they claim the Supreme Court significantly narrowed the scope of preemption in De Buono, 520 U.S. at 806 , 117 S. Ct. at 1747 , 138 L. | 3 | 2008–2008 |
New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance
green
2 sentences2008In Travelers Insurance, however, the Supreme Court stated that reviewing courts should begin the preemption analysis “with the starting presumption that Congress does not intend to supplant state law.” Travelers Ins., 514 U.S. at 654 , 115 S. Ct. at 1676 , 131 L. 2008In Travelers Insurance, however, the Supreme Court stated that reviewing courts should begin the preemption analysis “with the starting presumption that Congress does not intend to supplant state law.” Travelers Ins., 514 U.S. at 654 , 115 S. Ct. at 1676 , 131 L. | 3 | 2008–2008 |
City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n
green
2 sentences2018Because we have ruled that the IDOT rules are invalid in City of Des Moines, 911 N.W.2d at 434 , the plaintiffs’ second preemption claim is without merit. 66 The plaintiffs’ final preemption claim relates to the fact that government-owned vehicles are not included in the Nlets database and therefore are not subject to ATE enforcement. 2018Because we have ruled that the IDOT rules are invalid in City of Des Moines, 911 N.W.2d at 434 , the plaintiffs’ second preemption claim is without merit. 66 The plaintiffs’ final preemption claim relates to the fact that government-owned vehicles are not included in the Nlets database and therefore are not subject to ATE enforcement. | 2 | 2018–2018 |
McHaffie Ex Rel. McHaffie v. Bunch
green
2 sentences2026Where the plaintiff claims no additional damage from the employer’s conduct, not only does the employer’s direct liability add nothing to the damages sought, but any evidence related to the employer’s direct liability becomes “irrelevant to any contested issue in the case.” McHaffie, 891 S.W.2d at 826 . 2026See, e.g., Ferrer, 390 P.3d at 845–46; McHaffie, 891 S.W.2d at 826 . | 1 | 2026–2026 |
MV Transportation, Inc. v. Allgeier
green
1 sentence2026MV Transp., Inc., 433 S.W.3d at 335 . | 1 | 2026–2026 |
cluster 783879
green
2 sentences2021As was noted in Union Pacific Railroad v. California Public Utilities Commission, the railroads lobbied Congress to limit the preemption exception to “uniquely” local hazards, 39 but Congress declined. 346 F.3d at 859 . 2021Instead, Congress enacted an exception for what is “essentially local safety hazards.” Id. | 1 | 2021–2021 |
Gibbons v. Ogden
green
1 sentence2019Id. | 1 | 2019–2019 |
Franks Inv. Co. LLC v. Union Pacific R. Co.
green
2 sentences2018Id. at 409 . 2018Id. at 409 . | 1 | 2018–2018 |
Schuver v. E.I. Du Pont De Nemours & Co.
green
1 sentence1999Du Pont de Nemours & Co., 546 N.W.2d 610 , was our next discussion involving the preemption doctrine and FIFRA. | 1 | 1999–1999 |
Cipollone v. Liggett Group, Inc.
green
2 sentences1998Cipollone, 505 U.S. at 523-24 , 112 S.Ct. at 2621 , 120 L.Ed.2d at 427 . 1998Cipollone, 505 U.S. at 523-24 , 112 S.Ct. at 2621 , 120 L.Ed.2d at 427 . | 1 | 1998–1998 |
| Vaca v. Sipes green | 1 | 1989–1989 |
| Hollander v. Peck green | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.