28 Iowa opinions name it 2 courts 1874–2025 10 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 |
|---|---|---|
Kolbe v. Stategreen2 sentences2025Compare Iowa Arboretum, Inc. v. Iowa 4-H Found., 886 N.W.2d 695, 706 (Iowa 2016) (“Generally, to establish a claim for a breach of contract, the [plaintiff] must show (1) the existence of a contract; (2) the terms and conditions of the contract; (3) that it has performed all the terms and conditions required under the contract; (4) the defendant’s breach of the contract in some particular way; and (5) that plaintiff has suffered damages as a result of the breach.” (citation omitted)), with Kolbe v. State, 625 N.W.2d 721, 725 (Iowa 2001) (“To prove their negligence claim, the [plaintiff] must e 2016See Kolbe, 625 N.W.2d at 725 . | 3 | 3 |
Chelsea Theater Corp. v. City of Burlingtongreen2 sentences2023Chelsea Theater profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a prima facie case . . . .” Iowa Code § 147.140 (1)(a). 2The statute requires that certificates of merit must be “signed by an expert witness with respect to the issue of standard of care and an alleged breach of the standard of care.” Id. 11 Corp. v. City of Burlington, 258 N.W.2d 372, 374 (Iowa 1977) (citing Lenertz v. Mun. 2023Chelsea Theater profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a prima facie case . . . .” Iowa Code § 147.140 (1)(a). 2The statute requires that certificates of merit must be “signed by an expert witness with respect to the issue of standard of care and an alleged breach of the standard of care.” Id. 11 Corp. v. City of Burlington, 258 N.W.2d 372, 374 (Iowa 1977) (citing Lenertz v. Mun. | 2 | 2 |
Lenertz v. Municipal Court of City of Davenportgreen2 sentences2023Ct., 219 N.W.2d 513, 516 (Iowa 1974)); see also United Elec., Radio & Mach. 2023Ct., 219 N.W.2d 513, 516 (Iowa 1974)); see also United Elec., Radio & Mach. | 2 | 2 |
Peppmeier v. Murphygreen2 sentences2019See Peppmeier v. Murphy, 708 N.W.2d 57 , 61–62 (Iowa 2005). 2018See Peppmeier v. Murphy, 708 N.W.2d 57 , 61–62 (Iowa 2005). | 2 | 2 |
Banks v. Beckwithgreen1 sentence2025“Res ipsa loquitur is Latin for ‘the thing speaks for itself.’” Banks v. Beckwith, 762 N.W.2d 149, 151 (Iowa 2009) (citation omitted). | 1 | 1 |
Oswald v. LeGrandgreen1 sentence2025See 453 N.W.2d at 640 . | 1 | 1 |
Iowa Arboretum, Inc. v. Iowa 4-H Foundationgreen1 sentence2025Compare Iowa Arboretum, Inc. v. Iowa 4-H Found., 886 N.W.2d 695, 706 (Iowa 2016) (“Generally, to establish a claim for a breach of contract, the [plaintiff] must show (1) the existence of a contract; (2) the terms and conditions of the contract; (3) that it has performed all the terms and conditions required under the contract; (4) the defendant’s breach of the contract in some particular way; and (5) that plaintiff has suffered damages as a result of the breach.” (citation omitted)), with Kolbe v. State, 625 N.W.2d 721, 725 (Iowa 2001) (“To prove their negligence claim, the [plaintiff] must e | 1 | 1 |
Molo Oil Co. v. River City Ford Truck Sales, Inc.green1 sentence2023See Moto Oil Co., 578 N.W.2d at 224 . | 1 | 1 |
Tina Elizabeth Lee v. State of Iowa and Polk County Clerk of Courtgreen1 sentence2022See Lee v. State, 874 N.W.2d 631, 649 (Iowa 2016) (“The court may properly award any fees incurred in the litigation 25 involving ‘a common core of facts’ or ‘based on related legal theories.’” (citation omitted)). | 1 | 1 |
Godar v. Edwardsgreen1 sentence2021The district court determined a certificate of merit affidavit was required for Mercy because Struck sought to recover in an action (1) “for personal injury”; (2) “against a health care provider”4; (3) ”based upon . . . alleged negligence in the practice of that . . . occupation”; and (4) that “includes a cause of action for which expert testimony is necessary to establish a prima facie case.” Accord Iowa Code § 147.140 (1)(a); see Uniform Jury Instruction No. 703.5 (setting forth the elements of a claim of negligent hiring as requiring in part that “[t]he (employee’s) [incompetence] [unfitnes | 1 | 1 |
Lobberecht v. Chendrasekhargreen1 sentence2021The Schmitts first challenge the district court’s determination that a certificate of merit affidavit is required, arguing expert testimony is unnecessary to establish a prima facie case. 1 The Schmitts never requested an extension of the deadline for good cause as allowed under Iowa Code section 147.140(4). 3 “To establish a prima facie case of medical malpractice, the plaintiff must submit evidence that shows the applicable standard of care, the violation of the standard of care, and a causal relationship between the violation and the harm allegedly experienced by the plaintiff.” Lobberecht | 1 | 1 |
Wells v. Enterprise Rent-A-Car Midwestgreen1 sentence2021Rent- A-Car Midwest, 690 N.W.2d 33, 36 (Iowa 2004)). | 1 | 1 |
Deboom v. Raining Rose, Inc.green1 sentence2021He was in the foramen area. . . . and as you know, Your Honor, with every other expert, we confirmed that that would be a breach of the standard of care. 6 error in the instructions given ‘does not merit reversal unless it results in prejudice.’” Deboom, 772 N.W.2d at 5 (Iowa 2009) (quoting Wells v. Enter. | 1 | 1 |
Pamela Plowman and Jeremy Plowman v. Fort Madison Community Hospital, Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Center, and Fort Madison Physicians and Surgeonsgreen1 sentence2021The district court determined a certificate of merit affidavit was required for Mercy because Struck sought to recover in an action (1) “for personal injury”; (2) “against a health care provider”4; (3) ”based upon . . . alleged negligence in the practice of that . . . occupation”; and (4) that “includes a cause of action for which expert testimony is necessary to establish a prima facie case.” Accord Iowa Code § 147.140 (1)(a); see Uniform Jury Instruction No. 703.5 (setting forth the elements of a claim of negligent hiring as requiring in part that “[t]he (employee’s) [incompetence] [unfitnes | 1 | 1 |
Asher v. Ob-Gyn Specialists, P.C.green1 sentence2019See Asher v. OB-Gyn Specialists, P.C., 846 N.W.2d 492, 503 (Iowa 2014), overruled on other grounds by Alcala v. Marriott Int’l, Inc., 880 N.W.2d 699 , 708 n.3 (Iowa 2016). | 1 | 1 |
Barnes v. Bovenmyergreen1 sentence2019“Generally, questions of negligence and proximate cause are for the 15 jury; it is only in exceptional cases that they may be decided as matters of law.” Barnes v. Bovenmyer, 122 N.W.2d 312, 314 (Iowa 1963). | 1 | 1 |
Brenda J. Alcala v. Marriott International, Inc. and Courtyard Management Corporation D/B/A Quad Cities Courtyard by Marriottgreen1 sentence2019See Asher v. OB-Gyn Specialists, P.C., 846 N.W.2d 492, 503 (Iowa 2014), overruled on other grounds by Alcala v. Marriott Int’l, Inc., 880 N.W.2d 699 , 708 n.3 (Iowa 2016). | 1 | 1 |
In Re the Marriage of Cutlergreen2 sentences2015Finally, the party complaining about the action or inaction “must not have caused, been a party to, or had prior knowledge of the breach of the rule, the mode of procedure, or the practice of the court.” Id.; see also Cutler, 588 N.W.2d at 428-29 . 2015As noted in Cutler, “the party alleging the irregularity must not have caused, or had prior knowledge of the breach of the rule, mode of procedure or practice of the court.” 588 N.W.2d at 429 . | 1 | 1 |
Phillips v. Covenant Clinicgreen1 sentence2015See Phillips v. Covenant Clinic, 625 N.W.2d 714, 718 (Iowa 2001). | 1 | 1 |
Marcus v. Younggreen1 sentence2001See Sanford v. Manternach, 601 N.W.2d 360, 370 (Iowa 1999); Marcus v. Young, 538 N.W.2d 285, 288 (Iowa 1995). | 1 | 1 |
Sanford v. Manternachgreen1 sentence2001See Sanford v. Manternach, 601 N.W.2d 360, 370 (Iowa 1999); Marcus v. Young, 538 N.W.2d 285, 288 (Iowa 1995). | 1 | 1 |
Estate of Smith Ex Rel. Smith v. Lernergreen2 sentences1989Estate of Smith v. Lerner, 387 N.W.2d 576, 581-82 (Iowa 1986). 1989Estate of Smith v. Lerner, 387 N.W.2d 576, 581-82 (Iowa 1986). | 1 | 1 |
Ideker v. LaCrescent Nursing Center, Inc.green2 sentences1983See Idecker v. LaCrescent Nursing Center, Inc., 296 Minn. 240 , 207 N.W.2d 713 (1973). 1983See Idecker v. LaCrescent Nursing Center, Inc., 296 Minn. 240 , 207 N.W.2d 713 (1973). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Costello v. McFadden
green
2 sentences2017In addition, Sullins “must not have caused, been a party to, or had prior knowledge of the breach of the rule, the mode of procedure, or the practice of the court.” See id. 2015Having failed to answer the petition for dissolution or file his own affidavit of financial status,15 we affirm the district court’s dismissal of Thomas’s petition to vacate because, among other things, it fails under the third factor enunciated in Costello, 553 N.W.2d at 612 , that the party complaining about the action or inaction “must not have caused, been a party to, or had prior knowledge of the breach of the rule, the mode of procedure, or the practice of the court.” III. | 4 | 1999–2017 |
Carson v. Webb
green
1 sentence2023The Estate asserts Dr. Prasad’s testimony “crossed the line” into disclosure- required testimony in two instances: when Dr. Prasad characterized his care and treatment as “appropriate,” and when he testified “about what other physicians do in similar circumstances.” The Estate’s counsel asserted at trial and reasserts here that the defense’s use of the word “appropriate” is “just another way of asking him whether he violated the standard of care.” In its reply brief, the Estate acknowledges that whether there is a breach of the standard of care is an objective inquiry and “technically” Dr. Pra | 1 | 2023–2023 |
United States v. Farmers Livestock Auction Co.
green
1 sentence1993Id. | 1 | 1993–1993 |
Pauscher v. Iowa Methodist Medical Center
green
1 sentence1991Id. | 1 | 1991–1991 |
Pickett v. Woods
green
1 sentence1985A statute provided: “A breach or violation by the insured of any warranty, condition, or provision of any ... insurance policy ... shall not render void the policy or contract, or constitute a defense to a loss thereon, unless such breach or violation increased the hazard by any means within the control of the insured.” Id. at 1152-53 . | 1 | 1985–1985 |
Hansen v. Kemmish
green
2 sentences1957A breach of this standard unexplained is of course negli *1384 gence, State v. Coppes, 247 Iowa 1057 , 78 N.W.2d 10 ; Hansen v. Kemmish, 201 Iowa 1008 , 208 N.W. 277 , 45 A. L. 1957A breach of this standard unexplained is of course negli *1384 gence, State v. Coppes, 247 Iowa 1057 , 78 N.W.2d 10 ; Hansen v. Kemmish, 201 Iowa 1008 , 208 N.W. 277 , 45 A. L. | 1 | 1957–1957 |
State v. Coppes
green
2 sentences1957A breach of this standard unexplained is of course negli *1384 gence, State v. Coppes, 247 Iowa 1057 , 78 N.W.2d 10 ; Hansen v. Kemmish, 201 Iowa 1008 , 208 N.W. 277 , 45 A. L. 1957A breach of this standard unexplained is of course negli *1384 gence, State v. Coppes, 247 Iowa 1057 , 78 N.W.2d 10 ; Hansen v. Kemmish, 201 Iowa 1008 , 208 N.W. 277 , 45 A. L. | 1 | 1957–1957 |
| Fitchpatrick v. Hawkeye Insurance neutral | 1 | 1901–1901 |
| Reynolds v. Hindman green | 1 | 1874–1874 |
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.