22 Iowa opinions name it 2 courts 1871–2026 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 |
|---|---|---|
Kristin L. Rowedder, as Conservator of Gary Kral v. Michael Anderson, Richard F. Rosener, Mark Helkenn, Raymond Helkenn, Mccord Insurance & Real Estate Corp., Roger Preul, and Berneil Preulgreen2 sentences2017Iowa follows the American rule: “the losing litigant does not normally pay the victor’s attorney’s fees.” Rowedder v. Anderson, 814 N.W.2d 585, 589 (Iowa 2012). 2017Iowa follows the American rule: “the losing litigant does not normally pay the victor’s attorney’s fees.” Rowedder v. Anderson, 814 N.W.2d 585, 589 (Iowa 2012). | 3 | 3 |
Toby Thornton v. American Interstate Insurance Companygreen2 sentences2021Interstate Ins., 897 N.W.2d 445, 474 (Iowa 2017) (quoting Rowedder v. Anderson, 814 N.W.2d 585, 589 (Iowa 2012)). 2021Interstate Ins., 897 N.W.2d 445, 474 (Iowa 2017) (quoting Rowedder v. Anderson, 814 N.W.2d 585, 589 (Iowa 2012)). | 3 | 3 |
Bernhard v. Farmers Insurance Exchangegreen2 sentences2017Exch., 915 P.2d 1285, 1291 (Colo. 1996) (en banc) (“[W]e hold that Bernhard’s claim for attorney fees incurred in bringing a bad faith breach of insurance contract action does not fit into any exception to the American rule recognized in Colorado.”). 2017Exch., 915 P.2d 1285, 1291 (Colo. 1996) (en banc) (“[W]e hold that Bernhard’s claim for attorney fees incurred in bringing a bad faith breach of insurance contract action does not fit into any exception to the American rule recognized in Colorado.”). | 2 | 2 |
Miller v. Rohlinggreen2 sentences2017“Generally, attorney fees are recoverable only by statute or under a contract.” Miller v. Rohling, 720 N.W.2d 562, 573 (Iowa 2006). 2017“Generally, attorney fees are recoverable only by statute or under a contract.” Miller v. Rohling, 720 N.W.2d 562, 573 (Iowa 2006). | 2 | 2 |
Brown Township Mutual Insurance Ass'n v. Kressgreen2 sentences2017Indeed, after Christy , we made clear in Brown Township Mutual Insurance Association v. Kress that “under the American rule which is followed in this jurisdiction attorney fees are ordinarily not recoverable by the prevailing party in absence of statute.” 330 N.W.2d 291, 300 (Iowa 1983). 13 As the Colorado Supreme Court held, Unless we are prepared to abandon the American rule for the English rule of automatically awarding attorney fees to the prevailing party, it would be difficult to carve out an exception that allows an award of attorney fees that are incidental to the bringing of a bad fai 2017Indeed, after Christy , we made clear in Brown Township Mutual Insurance Association v. Kress that “under the American rule which is followed in this jurisdiction attorney fees are ordinarily not recoverable by the prevailing party in absence of statute.” 330 N.W.2d 291, 300 (Iowa 1983). 13 As the Colorado Supreme Court held, Unless we are prepared to abandon the American rule for the English rule of automatically awarding attorney fees to the prevailing party, it would be difficult to carve out an exception that allows an award of attorney fees that are incidental to the bringing of a bad fai | 2 | 2 |
NevadaCare, Inc. v. Department of Human Servicesgreen2 sentences2026Servs., 783 N.W.2d 459, 470 (Iowa 2010); see also Goche v. WMG, L.C., 970 N.W.2d 860 , 864 (Iowa 2022) (explaining that “Iowa’s adherence to the American rule” means that we “require[e] clear and unequivocal language in the statute or contract”). 2026Servs., 783 N.W.2d 459, 470 (Iowa 2010); see also Goche v. WMG, L.C., 970 N.W.2d 860 , 864 (Iowa 2022) (explaining that “Iowa’s adherence to the American rule” means that we “require[e] clear and unequivocal language in the statute or contract”). | 1 | 1 |
Cooter & Gell v. Hartmarx Corp.red2 sentences2021Indeed, we have cautioned that fee-shifting awards can “chill vigorous advocacy.” First Am. 20 Bank v. Fobian Farms, Inc., 906 N.W.2d 736 , 751 (Iowa 2018) (quoting Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 393 , 110 S. Ct. 2447, 2454 (1990)). 2021Indeed, we have cautioned that fee-shifting awards can “chill vigorous advocacy.” First Am. 20 Bank v. Fobian Farms, Inc., 906 N.W.2d 736 , 751 (Iowa 2018) (quoting Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 393 , 110 S. Ct. 2447, 2454 (1990)). | 1 | 1 |
Gabelmann v. NFO, INC.green1 sentence2020“Reversal is warranted only when the court rests its discretionary ruling on grounds that are clearly unreasonable or untenable.” Gabelmann v. NFO, Inc., 606 N.W.2d 339, 342 (Iowa 2000). | 1 | 1 |
Remer v. Board of Medical Examiners of the Stategreen2 sentences2019Exam'rs , 576 N.W.2d 598 , 603 (Iowa 1998) (en banc) (quoting Hockenberg Equip. 2019Exam'rs , 576 N.W.2d 598 , 603 (Iowa 1998) (en banc) (quoting Hockenberg Equip. | 1 | 1 |
Botsko v. Davenport Civil Rights Commissiongreen2 sentences2019We have followed the American rule that attorney fees "are generally not recoverable as damages in the absence of a statute or a provision in a written contract." Botsko v. Davenport Civil Rights Comm'n , 774 N.W.2d 841 , 845 (Iowa 2009) (quoting Kent v. Emp't Appeal Bd. , 498 N.W.2d 687 , 689 (Iowa 1993) (per curiam)). 2019We have followed the American rule that attorney fees "are generally not recoverable as damages in the absence of a statute or a provision in a written contract." Botsko v. Davenport Civil Rights Comm'n , 774 N.W.2d 841 , 845 (Iowa 2009) (quoting Kent v. Emp't Appeal Bd. , 498 N.W.2d 687 , 689 (Iowa 1993) (per curiam)). | 1 | 1 |
Kent v. Employment Appeal Boardgreen2 sentences2019We have followed the American rule that attorney fees "are generally not recoverable as damages in the absence of a statute or a provision in a written contract." Botsko v. Davenport Civil Rights Comm'n , 774 N.W.2d 841 , 845 (Iowa 2009) (quoting Kent v. Emp't Appeal Bd. , 498 N.W.2d 687 , 689 (Iowa 1993) (per curiam)). 2019We have followed the American rule that attorney fees "are generally not recoverable as damages in the absence of a statute or a provision in a written contract." Botsko v. Davenport Civil Rights Comm'n , 774 N.W.2d 841 , 845 (Iowa 2009) (quoting Kent v. Emp't Appeal Bd. , 498 N.W.2d 687 , 689 (Iowa 1993) (per curiam)). | 1 | 1 |
Engstrom v. Stategreen2 sentences2015See Engstrom v. State, 461 N.W.2d 309, 314 (Iowa 1990) (concluding, “Plaintiffs have cited no case decided by this court that provides a contract remedy for breaching an implied duty of good faith in entering a con- *657 tract_We believe the Restatement position is sound in implying a duty of good faith only in the performance and enforcement of a contract.”)- Additionally, the district court did not err in granting First American’s motion to dismiss Golden’s counterclaim that First American’s action of filing a petition for foreclosure constituted a breach of contract. 2015See Engstrom v. State, 461 N.W.2d 309, 314 (Iowa 1990) (concluding, “Plaintiffs have cited no case decided by this court that provides a contract remedy for breaching an implied duty of good faith in entering a con- *657 tract_We believe the Restatement position is sound in implying a duty of good faith only in the performance and enforcement of a contract.”)- Additionally, the district court did not err in granting First American’s motion to dismiss Golden’s counterclaim that First American’s action of filing a petition for foreclosure constituted a breach of contract. | 1 | 1 |
Ralph W. Moores, Jr. v. Nathan Greenberg, Ralph W. Moores, Jr. v. Nathan Greenberggreen1 sentence2013Moores, 834 F.2d at 1111 (“In the absence of a statute, an enforceable agreement, or a recognized juridical exception to the general rule, counsel fees do not accrue in favor of a successful litigant.”); Horn, 165 P.3d at 75 . | 1 | 1 |
New York Times Co. v. Sullivangreen2 sentences1989And most importantly, by writing this letter, Fratzke was exercising his uniquely American privilege “ ‘to speak one’s mind, although not always with perfect good taste, on all public institutions.' ” New York Times Co. v. Sullivan, 376 U.S. 254, 269 , 84 S.Ct. 710, 720 , 11 L.Ed.2d 686, 700 (1964) (citation omitted). 1989And most importantly, by writing this letter, Fratzke was exercising his uniquely American privilege “ ‘to speak one’s mind, although not always with perfect good taste, on all public institutions.' ” New York Times Co. v. Sullivan, 376 U.S. 254, 269 , 84 S.Ct. 710, 720 , 11 L.Ed.2d 686, 700 (1964) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wolf v. Wolf
green
2 sentences2017Wolf, 690 N.W.2d at 896 . 2017Wolf, 690 N.W.2d at 896 . | 2 | 2017–2017 |
Spooner v. Phillips
green
2 sentences1931This is the modified American rule announced in Spooner v. Phillips, 62 Conn. 62 ( 24 Atl. 524 , 16 L. 1907This is the modified American rule announced in Spooner v. Phillips, 62 Conn. 62 ( 24 Atl. 524 , 16 L. | 2 | 1907–1931 |
Serrano v. Priest
green
2 sentences2019In the seminal case of Serrano , the California Supreme Court held that attorney fees on a private attorney general theory could be awarded if (1) the litigation benefited a large number of people, (2) private enforcement of the rights involved was required, and (3) the issues have sufficient social importance. 141 Cal.Rptr. 315 , 569 P.2d at 1314 . 2019In the seminal case of Serrano , the California Supreme Court held that attorney fees on a private attorney general theory could be awarded if (1) the litigation benefited a large number of people, (2) private enforcement of the rights involved was required, and (3) the issues have sufficient social importance. 141 Cal.Rptr. 315 , 569 P.2d at 1314 . | 1 | 2019–2019 |
Alyeska Pipeline Service Co. v. Wilderness Society
red
2 sentences2019Although the private attorney general exception to the American rule was being embraced in lower federal courts, the Supreme Court put this development to a full stop in federal courts in Alyeska Pipeline , 421 U.S. at 254 -69 , 95 S. Ct. at 1620 -27 . 2019Although the private attorney general exception to the American rule was being embraced in lower federal courts, the Supreme Court put this development to a full stop in federal courts in Alyeska Pipeline , 421 U.S. at 254 -69 , 95 S. Ct. at 1620 -27 . | 1 | 2019–2019 |
Horn v. Wooster
green
1 sentence2013Moores, 834 F.2d at 1111 (“In the absence of a statute, an enforceable agreement, or a recognized juridical exception to the general rule, counsel fees do not accrue in favor of a successful litigant.”); Horn, 165 P.3d at 75 . | 1 | 2013–2013 |
Dolan v. Aid Insurance Co.
green
1 sentence1992It concluded that the relationship between an injured employee and the employer’s workers’ compensation carrier is not analogous to those first-party insurance claims for which this court in Dolan v. AID Insurance Co., 431 N.W.2d 790 (Iowa 1988), recognized tort liability for bad faith. | 1 | 1992–1992 |
McNabb v. Osmundson
green
2 sentences1983McNabb v. Osmundson, 315 N.W.2d 9 (Iowa 1982). 1983McNabb v. Osmundson, 315 N.W.2d 9 (Iowa 1982). | 1 | 1983–1983 |
Mills v. Electric Auto-Lite Co.
green
2 sentences1982A primary judge created exception has been to award expenses where a plaintiff has successfully maintained a suit, usually on behalf of a class, that benefits a group of others in the same manner as himself, [citation] To allow the others to obtain full benefit from the plaintiff’s efforts without contributing equally to the litigation expenses would be to enrich the others unjustly at the plaintiff’s expense, (emphasis added) 396 U.S. at 391-92 , 90 S.Ct. at 625 , 24 L.Ed.2d at 606 . 1982A primary judge created exception has been to award expenses where a plaintiff has successfully maintained a suit, usually on behalf of a class, that benefits a group of others in the same manner as himself, [citation] To allow the others to obtain full benefit from the plaintiff’s efforts without contributing equally to the litigation expenses would be to enrich the others unjustly at the plaintiff’s expense, (emphasis added) 396 U.S. at 391-92 , 90 S.Ct. at 625 , 24 L.Ed.2d at 606 . | 1 | 1982–1982 |
Young v. Bierschenk
green
2 sentences1955Young v. Bierschenk, 199 Iowa 309, 313 , 201 N.W. 591 ; 17 C. 1955Young v. Bierschenk, 199 Iowa 309, 313 , 201 N.W. 591 ; 17 C. | 1 | 1955–1955 |
Philadelphia & Trenton Railroad v. Stimpson
green
1 sentence1940Co. v. Simpson, 14 Peters 448 ( 10 U. S. 535 ), became largely responsible for what has become known as the “Federal rule,” or the “American rule,” which, in brief, is that a party has no right to cross-examine any witness except as to facts and circumstances connected with the matter stated in his direct examination. | 1 | 1940–1940 |
Womochil v. Peters
neutral
2 sentences1940But recognizing, as' has been truthfully stated, that “the power and opportunity-.to cross-examine * * * is one of the principal tests which the law has devised for. the ascertainment of truth, and is certainly a most efficacious test [Starkie on Evidence I, 129],” we have quite uniformly followed the rule expressed in Upton v. Knoll, 32 Iowa 121, 123 ; as follows: *258 ‘ ‘ Cross-examination affords one of the most effective means of detecting falsehood and discovering truth, and the rules governing it should be applied in a broad and liberal spirit, with a view to effectuating substantial jus 1940But recognizing, as' has been truthfully stated, that “the power and opportunity-.to cross-examine * * * is one of the principal tests which the law has devised for. the ascertainment of truth, and is certainly a most efficacious test [Starkie on Evidence I, 129],” we have quite uniformly followed the rule expressed in Upton v. Knoll, 32 Iowa 121, 123 ; as follows: *258 ‘ ‘ Cross-examination affords one of the most effective means of detecting falsehood and discovering truth, and the rules governing it should be applied in a broad and liberal spirit, with a view to effectuating substantial jus | 1 | 1940–1940 |
Cokely v. State
neutral
1 sentence1940This court early announced its approval of the Federal or American rule, by stating it, in State v. Cokely, 4 Iowa 477, 479 , in the very language of Justice Story. | 1 | 1940–1940 |
Upton v. Knoll
green
1 sentence1940But recognizing, as' has been truthfully stated, that “the power and opportunity-.to cross-examine * * * is one of the principal tests which the law has devised for. the ascertainment of truth, and is certainly a most efficacious test [Starkie on Evidence I, 129],” we have quite uniformly followed the rule expressed in Upton v. Knoll, 32 Iowa 121, 123 ; as follows: *258 ‘ ‘ Cross-examination affords one of the most effective means of detecting falsehood and discovering truth, and the rules governing it should be applied in a broad and liberal spirit, with a view to effectuating substantial jus | 1 | 1940–1940 |
Hollins v. Brierfield Coal & Iron Co.
green
2 sentences1937Indeed the court which first *1140 announced it has largely receded from its former position, and now says that no trust in its true sense exists; that all that was intended by the previous expressions was to announce the existence of an equitable right, which will be enforced whenever a court of equity, at the instance of a proper party, has taken possession of its assets. ‘It is never understood that there is a specific lien or a direct trust.’ See Hollins v. Iron Co., 150 U. S. 371 , 14 S. Ct. 127 , 37 L. 1937Indeed the court which first *1140 announced it has largely receded from its former position, and now says that no trust in its true sense exists; that all that was intended by the previous expressions was to announce the existence of an equitable right, which will be enforced whenever a court of equity, at the instance of a proper party, has taken possession of its assets. ‘It is never understood that there is a specific lien or a direct trust.’ See Hollins v. Iron Co., 150 U. S. 371 , 14 S. Ct. 127 , 37 L. | 1 | 1937–1937 |
St. John v. Andrews Institute for Girls
green
2 sentences1925John v. Andrews Inst., 191 N. Y. 254 ( 83 N. E. 981 ); Fitzgerald v. Ayres, supra. The American rule is not only sound, but inherently just, and carries out the intention of the testator, which all courts strive to do in construing a will. 1925John v. Andrews Inst., 191 N. Y. 254 ( 83 N. E. 981 ); Fitzgerald v. Ayres, supra. The American rule is not only sound, but inherently just, and carries out the intention of the testator, which all courts strive to do in construing a will. | 1 | 1925–1925 |
Higgins v. Reed
neutral
2 sentences1912Conger v. Converse, 9 Iowa, 554 ; Higgins v. Reed, 8 Iowa, 298 ; Zalesley v. Ins. 1912Conger v. Converse, 9 Iowa, 554 ; Higgins v. Reed, 8 Iowa, 298 ; Zalesley v. Ins. | 1 | 1912–1912 |
| Conger v. Converse neutral | 1 | 1912–1912 |
| Brady v. Spurck green | 1 | 1871–1871 |
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.