contention claim (Iowa) · Go Syfert
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contention claim in Iowa

22 Iowa opinions name it 2 courts 1905–2020 0 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 (9)

CaseFollowedCited
Richards v. Midland Brick Sales Co.green
iowactapp · 1996 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020Under the economic loss doctrine, “plaintiffs cannot recover in tort when they have suffered only economic harm.” Richards v. Midland Brick Sales Co., 551 N.W.2d 649, 650 (Iowa Ct. App. 1996).

11
Pace v. CSX Transportation, Inc.green
ca11 · 2010 · cited in 1 Iowa opinions naming this issue, 2018–2018
2 sentences

2018To illustrate, the United States Court of Appeals for the Eleventh Circuit, which originated the test, found that a nuisance claim brought by property owners based on a railroad’s construction and use of a new side track was preempted, notwithstanding the plaintiffs’ contention that their claim was “not directly related to the operation and use of the side track.” Pace v. CSX Transp., Inc., 613 F.3d 1066, 1069 (11th Cir. 2010). 19 And the court distinguished its own precedent that preempted “a state law tort suit against a railroad company for allowing trains to block railroad crossings.” Id.

2018To illustrate, the United States Court of Appeals for the Eleventh Circuit, which originated the test, found that a nuisance claim brought by property owners based on a railroad's construction and use of a new side track was preempted, notwithstanding the plaintiffs' contention that their claim was "not directly related to the operation and use of the side track." Pace v. CSX Transp., Inc ., 613 F.3d 1066 , 1069 (11th Cir. 2010).

11
MD Mall Assocs., LLC v. CSX Transp., Inc.green
paed · 2017 · cited in 1 Iowa opinions naming this issue, 2018–2018
1 sentence

2018See also MD Mall Assocs., LLC, v. CSX Transp., Inc ., 288 F.Supp.3d 565 , 596-99 (E.D.

11
State of Iowa v. John David Greengreen
iowa · 2017 · cited in 1 Iowa opinions naming this issue, 2018–2018
1 sentence

2018See Green, 896 N.W.2d at 780-81 (observing the court has “permitted the practice of instructing juries on inferences of malice from certain 6 evidence since 1858”).

11
State of Iowa v. Craig Anthony Finneygreen
iowa · 2013 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017See id. at 54-55 (stating the United States Supreme Court’s “caselaw recognizes two distinct strands of constitutional analysis related to guilty pleas”: claims “rooted in the right to effective assistance of counsel under the Sixth Amendment,” and claims “based on the Due Process Clauses of the Fifth and Fourteenth Amendments requir[ing] the trial court to determine the defendant made a knowing and intelligent choice” to plead guilty to the underlying crime).

11
In the Interest of L.M.W.green
iowactapp · 1994 · cited in 1 Iowa opinions naming this issue, 2014–2014
1 sentence

2014Reasonable services must be provided to attempt to reunite a family before the State can terminate parental rights.5 See In re L.M.W., 518 N.W.2d 804, 807 (Iowa Ct. App. 1994).

11
Christie v. Rolscreen Co.green
iowa · 1989 · cited in 1 Iowa opinions naming this issue, 1990–1990
1 sentence

1990See Christie v. Rolscreen Co., 448 N.W.2d 447, 450-51 (Iowa 1989).

11
Synnott v. Stategreen
oklacrimapp · 1973 · cited in 1 Iowa opinions naming this issue, 1981–1981
1 sentence

1981See Synnott v. State, 515 P.2d 1154 (Okla.Ct.Crim.App.1973) (no privilege against incrimination violation); Commonwealth v. Rutan, 229 Pa.Super. 400 , 323 A.2d 730 (1974) (no fourth or fifth amendment violation).

11
City of Sioux City v. Fairbanksgreen
iowa · 1980 · cited in 1 Iowa opinions naming this issue, 1980–1980
1 sentence

1980The latter assessment was recently again reaffirmed in In re Discharge of Fairbanks, 287 N.W.2d 579, 582 (Iowa 1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (22)

CaseCitedYears
Friberg v. Kansas City Southern Railway Co. green
ca5 · 2001
1 sentence

2018City S. Ry., 267 F.3d 439 (5th Cir. 2001)).

12018–2018
City of Lake Charles v. Dave's Swedish Spa Resort green
lactapp · 1983
1 sentence

2002In a Louisiana sales tax case, City of Lake Charles v. Dave’s Swedish Spa Resort, 441 So.2d 50 (La.Ct.App.1983), the court rejected a similar contention, stating: Facilities which increase one’s athletic abilities are athletic facilities, whether or not one chooses to use his increased athletic abilities competitively.

12002–2002
State v. Young green
iowa · 1980
1 sentence

1984Id. (emphasis in original).

11984–1984
Commonwealth v. Rutan green
pasuperct · 1974
2 sentences

1981See Synnott v. State, 515 P.2d 1154 (Okla.Ct.Crim.App.1973) (no privilege against incrimination violation); Commonwealth v. Rutan, 229 Pa.Super. 400 , 323 A.2d 730 (1974) (no fourth or fifth amendment violation).

1981See Synnott v. State, 515 P.2d 1154 (Okla.Ct.Crim.App.1973) (no privilege against incrimination violation); Commonwealth v. Rutan, 229 Pa.Super. 400 , 323 A.2d 730 (1974) (no fourth or fifth amendment violation).

11981–1981
State v. Conner green
iowa · 1976
2 sentences

1980Specifically, we found no merit in the contention that this rule denies constitutional rights to compulsory process and due process, id. at 457-58 , or in the assertion that polygraph evidence has attained sufficient scientific acceptance and eviden-tiary reliability to be admissible absent stipulation, id. at 458-59 .

1980Specifically, we found no merit in the contention that this rule denies constitutional rights to compulsory process and due process, id. at 457-58 , or in the assertion that polygraph evidence has attained sufficient scientific acceptance and eviden-tiary reliability to be admissible absent stipulation, id. at 458-59 .

11980–1980
Cowman v. Hansen green
iowa · 1958
2 sentences

1977In Cowman v. Hansen, 250 Iowa 358 , 92 N.W.2d 682 , as in the case at bar, plaintiffs were asserting a claim under principles of common law negligence after having been thwarted in their attempt to recover under the provisions of the Dram Shop Act.

1977In Cowman v. Hansen, 250 Iowa 358 , 92 N.W.2d 682 , as in the case at bar, plaintiffs were asserting a claim under principles of common law negligence after having been thwarted in their attempt to recover under the provisions of the Dram Shop Act.

11977–1977
State v. Smith green
iowa · 1970
1 sentence

1970A similar contention of violation of constitutional rights is rejected in State v. Smith, 182 N.W.2d 409 (Iowa, filed De *415 cember IS, 1970).

11970–1970
Eves v. Littig Construction Co. green
iowa · 1927
2 sentences

1964He predicates this contention on the doctrine of “liability without fault”, which we have applied in such cases as Monroe v. Razor Construction Co., 252 Iowa 1249 , 110 N.W.2d 250 , and Eves v. Littig Construction Co., 202 Iowa 1338 , 212 N.W. 154 .

1964He predicates this contention on the doctrine of “liability without fault”, which we have applied in such cases as Monroe v. Razor Construction Co., 252 Iowa 1249 , 110 N.W.2d 250 , and Eves v. Littig Construction Co., 202 Iowa 1338 , 212 N.W. 154 .

11964–1964
Monroe v. RAZOR CONSTRUCTION COMPANY green
iowa · 1961
2 sentences

1964He predicates this contention on the doctrine of “liability without fault”, which we have applied in such cases as Monroe v. Razor Construction Co., 252 Iowa 1249 , 110 N.W.2d 250 , and Eves v. Littig Construction Co., 202 Iowa 1338 , 212 N.W. 154 .

1964He predicates this contention on the doctrine of “liability without fault”, which we have applied in such cases as Monroe v. Razor Construction Co., 252 Iowa 1249 , 110 N.W.2d 250 , and Eves v. Littig Construction Co., 202 Iowa 1338 , 212 N.W. 154 .

11964–1964
Engle v. Nelson green
iowa · 1935
2 sentences

1960As is well known, conduct of this operation requires protection just as much as does the truck, and the lights are intended to protect not only the disabled truck but to make other automobile drivers aware of the entire situation and of the dangers incident to it, mcludmg operations wndertalcen to remove the disabled trucks from the highway(Emphasis added.) Engle v. Nelson, 220 Iowa 771 , 263 N.W. 505 , is the principal authority cited for the contention instruction 10-A was reversible error.

1960As is well known, conduct of this operation requires protection just as much as does the truck, and the lights are intended to protect not only the disabled truck but to make other automobile drivers aware of the entire situation and of the dangers incident to it, mcludmg operations wndertalcen to remove the disabled trucks from the highway(Emphasis added.) Engle v. Nelson, 220 Iowa 771 , 263 N.W. 505 , is the principal authority cited for the contention instruction 10-A was reversible error.

11960–1960
Law v. Bryant Asphaltic Paving Co. green
iowa · 1916
1 sentence

1956The principal case relied upon was Law v. Bryant Asphaltic Paving Co., 175 Iowa 747 , 157 N.W. 175 , 7 A. L.

11956–1956
State v. Friar green
iowa · 1927
1 sentence

1951State v. Friar, 204 Iowa 414 , 214 N.W. 596 , also relied upon, fails "to support defendant’s position.

11951–1951
State v. Trybom neutral
iowa · 1923
1 sentence

1951In State v. Trybom, 195 Iowa 780 , 192 N.W. 813 , also cited by defendant, where the death occurred from a gunshot wound, it was the contention of the defense that the gun was discharged by accident.

11951–1951
Fickbohm Ex Rel. Kosier v. Ryal Miller Chevrolet Co. neutral
iowa · 1940
2 sentences

1941Fickbohm v. Ryal Miller Chevrolet Company, 228 Iowa 919, 925 , 292 N. W. 801, 803 , held that a contention of error in “an *227 acknowledgment and determination of the existence of the relationship of employer and employee” would not be considered, the agreement not being set aside or attacked on the ground of mutual mistake or fraud.

1941Fickbohm v. Ryal Miller Chevrolet Company, 228 Iowa 919, 925 , 292 N. W. 801, 803 , held that a contention of error in “an *227 acknowledgment and determination of the existence of the relationship of employer and employee” would not be considered, the agreement not being set aside or attacked on the ground of mutual mistake or fraud.

11941–1941
Andrew v. Dundee Savings Bank neutral
iowa · 1933
2 sentences

1939Bank, 216 Iowa 240 , 249 N. W. 154 .

1939Bank, 216 Iowa 240 , 249 N. W. 154 .

11939–1939
Hamilton v. Barton neutral
iowa · 1866
1 sentence

1907Hence the addition made to the verdict was the correction of a, formal error.” See, also, Hamilton v. Barton, 20 Iowa, 505 ; Roberts v. Roberts, 91 Iowa, 228 .

11907–1907
Babcock v. Chicago & Northwestern R'y Co. green
iowa · 1883
1 sentence

1907And tbe correct rule is deduced to be that proof of a fire set out by a locomotive engine “ makes a prima facie case of negligence, and tbe burden is devolved upon tbe company to show itself free from negligence.” Further in tbe course of tbe opinion, it is said, in respect of tbe provision now' appearing in section 2055, that “ the design is to provide what is necessary to show a prima facie liability for fires.” In Babcock v. Railway, 62 Iowa, 593 , the contention for error was based on the refusal of the trial court to instruct a verdict in favor of defendant.

11907–1907
Roberts v. Roberts green
iowa · 1894
1 sentence

1907Hence the addition made to the verdict was the correction of a, formal error.” See, also, Hamilton v. Barton, 20 Iowa, 505 ; Roberts v. Roberts, 91 Iowa, 228 .

11907–1907
Hopper v. Moore & Co. neutral
iowa · 1876
1 sentence

1905Humbert v. Larson, 89 Iowa, 258 ; Crosby v. Hungerford, 59 Iowa, 712 ; Hopper v. Moore, 42 Iowa, 563 . 1- bridgesllabiHty for Instruction.

11905–1905
Crosby v. Hungerford green
iowa · 1882
1 sentence

1905Humbert v. Larson, 89 Iowa, 258 ; Crosby v. Hungerford, 59 Iowa, 712 ; Hopper v. Moore, 42 Iowa, 563 . 1- bridgesllabiHty for Instruction.

11905–1905
Jaffray & Co. v. Thompson neutral
iowa · 1884
11905–1905
Humbert v. Larson green
iowa · 1893
1 sentence

1905Humbert v. Larson, 89 Iowa, 258 ; Crosby v. Hungerford, 59 Iowa, 712 ; Hopper v. Moore, 42 Iowa, 563 . 1- bridgesllabiHty for Instruction.

11905–1905

Where else courts name it

NY 382 (1889–2026) CA 237 (1910–2026) IL 125 (1891–2026) TX 105 (1908–2025) MO 96 (1909–2025) GA 78 (1916–2026) FL 50 (1939–2018) MD 42 (1919–2022) AL 42 (1915–2025) LA 38 (1933–2015) PA 38 (1903–2021) CO 35 (1924–2026) IN 34 (1920–2018) OR 32 (1909–2024) NJ 30 (1907–2025) KS 28 (1891–2011) OK 28 (1903–2012) MI 28 (1909–2026) UT 25 (1915–2018) WA 24 (1909–2017) WI 24 (1892–2024) KY 23 (1917–2022) IA 22 (1905–2020) MA 22 (1938–2020) CT 20 (1926–2026) TN 18 (1923–2021) VA 16 (1911–2020) NM 15 (1955–2023) MS 15 (1902–2016) RI 14 (1897–2021) NE 14 (1896–2020) WV 14 (1893–2017) WY 13 (1926–2015) ID 12 (1917–2011) NC 12 (1889–2021) AZ 11 (1931–1997) HI 11 (1897–2023) DC 11 (1971–2024) AR 11 (1916–2014) OH 9 (1965–2018) SC 9 (1921–2017) ME 8 (1969–2025) MT 8 (1919–2011) ND 8 (1910–1988) DE 7 (1935–1992) VT 7 (1909–2021) NV 7 (1937–2022) MN 5 (1906–1998) NH 4 (1992–2019) AK 4 (1893–2013) SD 3 (1905–1928)

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.

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