21 Iowa opinions name it 2 courts 1942–2026 5 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 |
|---|---|---|
Dodd v. Fleetguard, Inc.green2 sentences2021IBP, Inc. v. Harker, 633 N.W.2d 322, 327 (Iowa 2001); cf. Dodd v. Fleetguard, Inc., 759 N.W.2d 133, 140 (Iowa Ct. App. 2008) (relying on Harker, 633 N.W.2d at 327 , and concluding “section 85.39 does not include an implied requirement that the claimant ultimately prove the injury arose out of and in the course of employment” in order to satisfy the requirements under section 85.39 for reimbursement for IME). 2011In Dodd , we noted the purpose behind section 85.39 can be explained by the unequal financial position of the parties and ruled: “Section 85.39 does not include an implied requirement that the claimant ultimately prove the injury arose out of and in the course of employment.” Id. | 1 | 2 |
Travelers Indemnity Co. v. Fieldsgreen1 sentence2026See id. | 1 | 1 |
IBP, Inc. v. Harkergreen2 sentences2021IBP, Inc. v. Harker, 633 N.W.2d 322, 327 (Iowa 2001); cf. Dodd v. Fleetguard, Inc., 759 N.W.2d 133, 140 (Iowa Ct. App. 2008) (relying on Harker, 633 N.W.2d at 327 , and concluding “section 85.39 does not include an implied requirement that the claimant ultimately prove the injury arose out of and in the course of employment” in order to satisfy the requirements under section 85.39 for reimbursement for IME). 2021IBP, Inc. v. Harker, 633 N.W.2d 322, 327 (Iowa 2001); cf. Dodd v. Fleetguard, Inc., 759 N.W.2d 133, 140 (Iowa Ct. App. 2008) (relying on Harker, 633 N.W.2d at 327 , and concluding “section 85.39 does not include an implied requirement that the claimant ultimately prove the injury arose out of and in the course of employment” in order to satisfy the requirements under section 85.39 for reimbursement for IME). | 1 | 1 |
Union County v. Piper Jaffray & Co.green1 sentence2017Wash. 1975), persuasive in addressing implied waiver of the attorney-client privilege.5 Hearn provides there are three criteria to find an implied waiver of the attorney- client privilege: (1) assertion of the privilege was a result of some affirmative act, such as filing suit [or raising an 4 The additional information included questions pertaining to twice deducting the $5000 deductible, not paying interest on the $83,000, and who authorized Acuity’s counsel to write the July 29, 2014 letter. 5 See, e.g., Union Cty., Iowa v. Piper Jaffray & Co, Inc., 248 F.R.D. 217, 222 (S.D. | 1 | 1 |
State v. Connergreen1 sentence2015State v. Conner, 292 N.W.2d 682, 684 (1980); State v. Kernes, 262 N.W.2d 602, 605 (Iowa 1978) (defining recklessness as “conduct evidencing either a willful or wanton disregard for the safety of others”). | 1 | 1 |
State v. Kernesgreen1 sentence2015State v. Conner, 292 N.W.2d 682, 684 (1980); State v. Kernes, 262 N.W.2d 602, 605 (Iowa 1978) (defining recklessness as “conduct evidencing either a willful or wanton disregard for the safety of others”). | 1 | 1 |
Snell v. Superior Courtgreen2 sentences2009P’ship v. Sanguonchitte, 920 So.2d 711, 712 (Fla.Dist.Ct.App.2006); accord Palm Beach Gardens Cmty. Hosp., Inc. v. O’Brien, 651 So.2d 783, 784 (Fla.Dist.Ct.App.1995); see also Brownwood Reg’l Hosp. v. Eleventh Ct. of Appeals, 927 S.W.2d 24, 27 (Tex.1996) (holding that a hospital’s peer review records are not discoverable despite the plaintiffs’ claim that this “severely compromises their ability to present evidence in support of their negligent credentialing claim”); Snell v. Superior Court, 158 Cal. App.3d 44 , 204 Cal.Rptr. 200, 202 (1984) (holding that the “relevance of a hospital’s records 2009P’ship v. Sanguonchitte, 920 So.2d 711, 712 (Fla.Dist.Ct.App.2006); accord Palm Beach Gardens Cmty. Hosp., Inc. v. O’Brien, 651 So.2d 783, 784 (Fla.Dist.Ct.App.1995); see also Brownwood Reg’l Hosp. v. Eleventh Ct. of Appeals, 927 S.W.2d 24, 27 (Tex.1996) (holding that a hospital’s peer review records are not discoverable despite the plaintiffs’ claim that this “severely compromises their ability to present evidence in support of their negligent credentialing claim”); Snell v. Superior Court, 158 Cal. App.3d 44 , 204 Cal.Rptr. 200, 202 (1984) (holding that the “relevance of a hospital’s records | 1 | 1 |
COLUMBIA/JFK MEDICAL CTR. v. Sanguonchittegreen1 sentence2009P’ship v. Sanguonchitte, 920 So.2d 711, 712 (Fla.Dist.Ct.App.2006); accord Palm Beach Gardens Cmty. Hosp., Inc. v. O’Brien, 651 So.2d 783, 784 (Fla.Dist.Ct.App.1995); see also Brownwood Reg’l Hosp. v. Eleventh Ct. of Appeals, 927 S.W.2d 24, 27 (Tex.1996) (holding that a hospital’s peer review records are not discoverable despite the plaintiffs’ claim that this “severely compromises their ability to present evidence in support of their negligent credentialing claim”); Snell v. Superior Court, 158 Cal. App.3d 44 , 204 Cal.Rptr. 200, 202 (1984) (holding that the “relevance of a hospital’s records | 1 | 1 |
Brownwood Regional Hospital v. Eleventh Court of Appealsgreen1 sentence2009P’ship v. Sanguonchitte, 920 So.2d 711, 712 (Fla.Dist.Ct.App.2006); accord Palm Beach Gardens Cmty. Hosp., Inc. v. O’Brien, 651 So.2d 783, 784 (Fla.Dist.Ct.App.1995); see also Brownwood Reg’l Hosp. v. Eleventh Ct. of Appeals, 927 S.W.2d 24, 27 (Tex.1996) (holding that a hospital’s peer review records are not discoverable despite the plaintiffs’ claim that this “severely compromises their ability to present evidence in support of their negligent credentialing claim”); Snell v. Superior Court, 158 Cal. App.3d 44 , 204 Cal.Rptr. 200, 202 (1984) (holding that the “relevance of a hospital’s records | 1 | 1 |
Palm Beach Gardens Community Hospital, Inc. v. O'BRIENgreen1 sentence2009P’ship v. Sanguonchitte, 920 So.2d 711, 712 (Fla.Dist.Ct.App.2006); accord Palm Beach Gardens Cmty. Hosp., Inc. v. O’Brien, 651 So.2d 783, 784 (Fla.Dist.Ct.App.1995); see also Brownwood Reg’l Hosp. v. Eleventh Ct. of Appeals, 927 S.W.2d 24, 27 (Tex.1996) (holding that a hospital’s peer review records are not discoverable despite the plaintiffs’ claim that this “severely compromises their ability to present evidence in support of their negligent credentialing claim”); Snell v. Superior Court, 158 Cal. App.3d 44 , 204 Cal.Rptr. 200, 202 (1984) (holding that the “relevance of a hospital’s records | 1 | 1 |
Charles Gabus Ford, Inc. v. Iowa State Highway Commissiongreen1 sentence1989In Charles Gabus Ford v. Iowa State Highway Commission, 224 N.W.2d 639, 646-47 (Iowa 1974), we refused to extend the rationale of Kersten to find such an implied waiver of immunity in a tort action for damages. | 1 | 1 |
People Ex Rel. Schribner v. Caldwellgreen1 sentence1948See cases cited in the annotations to the case of Barlow v. Hoffman, 103 Colo. 286 , 86 P. 2d 239 , 120 A. L. | 1 | 1 |
Barlow v. Hoffmangreen1 sentence1948See cases cited in the annotations to the case of Barlow v. Hoffman, 103 Colo. 286 , 86 P. 2d 239 , 120 A. L. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fisher v. Dallas County
green
2 sentences2017Question 1: As a matter of Iowa law, does the doctrine of implied immunity of drainage districts as applied in cases such as Fisher v. Dallas County, 369 N.W.2d 426 (Iowa 1985), grant drainage districts unqualified immunity from all of the damage claims set forth in the complaint (docket no. 2)? 2017Question 1: As a matter of Iowa law, does the doctrine of implied immunity of drainage districts as applied in cases such as Fisher v. Dallas County, 369 N.W.2d 426 (Iowa 1985), grant drainage districts unqualified immunity from all of the damage claims set forth in the Complaint (docket no. 2)? | 3 | 2017–2017 |
Tina Lee v. State of Iowa, Polk County Clerk of Court
green
2 sentences2024The implied waiver found in Kersten Co. and Dvorak “reflected our belief that the State is answerable for the legal relationships it voluntarily creates.” Lee, 815 N.W.2d at 740 . 2024The implied waiver found in Kersten Co. and Dvorak “reflected our belief that the State is answerable for the legal relationships it voluntarily creates.” Lee, 815 N.W.2d at 740 . | 2 | 2024–2024 |
Gorman v. City Development Board
green
2 sentences2016Id. 2016Id. | 2 | 2016–2016 |
Koss v. Palmer Water Department
green
1 sentence2021The parties also cite us to Koss v. Palmer Water Department, 977 F. Supp. 2d 28 , 29–30 (D. | 1 | 2021–2021 |
Berghuis v. Thompkins
green
2 sentences2015Specifically, if “the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused’s uncoerced statement establishes an implied waiver of the right to remain silent.” Id. 2015Generally, “the law can presume that an individual who, with a full understanding of his or her rights, acts in a manner inconsistent with their exercise has made a deliberate choice to relinquish the protection those rights afford.” Id. at 385 . | 1 | 2015–2015 |
Ewing v. Allied Construction Services
green
1 sentence2008In light of this stated purpose, the plain text of the statute, and the fact that we “liberally construe workers’ compensation statutes in favor of the worker,” Ewing, 592 N.W.2d at 691 , we conclude section 85.39 does not include an implied requirement that the claimant ultimately prove the injury arose out of and in the course of employment. | 1 | 2008–2008 |
Bishop v. Keystone Area Education Agency Number 1
green
1 sentence1993Bishop, 275 N.W.2d at 753 . | 1 | 1993–1993 |
Lisbon Bank and Trust Company v. Murray
green
1 sentence1987Lisbon Bank and Trust, 206 N.W.2d at 99 . | 1 | 1987–1987 |
North American Ginseng Co. v. Gilbertson
neutral
2 sentences1942In North American Ginseng Co. v. Gilbertson, 200 Iowa 1349, 1353 , 206 N. W. 610, 612 , we said: “An implied waiver is, in a sense, more or less a direct kin to an estoppel. 1942In North American Ginseng Co. v. Gilbertson, 200 Iowa 1349, 1353 , 206 N. W. 610, 612 , we said: “An implied waiver is, in a sense, more or less a direct kin to an estoppel. | 1 | 1942–1942 |
Hexom v. Knights of Maccabees of the World
green
2 sentences1942There is, however, a distinction often to be made between them, and a waiver does not necessarily include all of the elements of an estoppel.” In Hexom v. Knights of Maccabees, 140 Iowa 41, 46 , 117 N. W. 19, 20 , the court said: “A waiver is the intentional relinquishment of a known right, or such conduct as warrants an inference of such relinquishment, * * * and, where conduct is relied upon to constitute waiver, it must appear that the insured was induced by the association to do or omit some act which he would not otherwise have done or omitted. 3 Am. & Eng. 1942There is, however, a distinction often to be made between them, and a waiver does not necessarily include all of the elements of an estoppel.” In Hexom v. Knights of Maccabees, 140 Iowa 41, 46 , 117 N. W. 19, 20 , the court said: “A waiver is the intentional relinquishment of a known right, or such conduct as warrants an inference of such relinquishment, * * * and, where conduct is relied upon to constitute waiver, it must appear that the insured was induced by the association to do or omit some act which he would not otherwise have done or omitted. 3 Am. & Eng. | 1 | 1942–1942 |
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.