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17 Iowa opinions name it 1 courts 1939–2020 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.
| Case | Followed | Cited |
|---|---|---|
Simonson v. Iowa State Universitygreen1 sentence2020See Logan, 455 U.S. at 433 , 102 S. Ct. at 1156 (explaining that defenses to tort actions may constitute “one aspect of the State’s definition of that property interest” (quoting Martinez v. California, 444 U.S. 277 , 282 n.5, 100 S. Ct. 553 , 557 n.5 (1980))); Martinez, 444 U.S. at 282 , 100 S. Ct. at 557 (“But even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest . . . .”); Simonson v. Iowa State Univ., 603 N.W.2d 557, 562 (Iowa 1999) (“ | 1 | 1 |
Miranda v. Saidgreen1 sentence2020A chose in action for legal malpractice is an interesting species of property. “[L]egal malpractice actions sound in tort, yet owe their existence in part to contract law.” Miranda v. Said, 836 N.W.2d 8, 23 (Iowa 2013). | 1 | 1 |
Bennett v. City of Redfieldgreen1 sentence2020See Logan, 455 U.S. at 433 , 102 S. Ct. at 1156 (explaining that defenses to tort actions may constitute “one aspect of the State’s definition of that property interest” (quoting Martinez v. California, 444 U.S. 277 , 282 n.5, 100 S. Ct. 553 , 557 n.5 (1980))); Martinez, 444 U.S. at 282 , 100 S. Ct. at 557 (“But even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest . . . .”); Simonson v. Iowa State Univ., 603 N.W.2d 557, 562 (Iowa 1999) (“ | 1 | 1 |
Martinez v. Californiagreen2 sentences2020See Logan, 455 U.S. at 433 , 102 S. Ct. at 1156 (explaining that defenses to tort actions may constitute “one aspect of the State’s definition of that property interest” (quoting Martinez v. California, 444 U.S. 277 , 282 n.5, 100 S. Ct. 553 , 557 n.5 (1980))); Martinez, 444 U.S. at 282 , 100 S. Ct. at 557 (“But even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest . . . .”); Simonson v. Iowa State Univ., 603 N.W.2d 557, 562 (Iowa 1999) (“ 2020See Logan, 455 U.S. at 433 , 102 S. Ct. at 1156 (explaining that defenses to tort actions may constitute “one aspect of the State’s definition of that property interest” (quoting Martinez v. California, 444 U.S. 277 , 282 n.5, 100 S. Ct. 553 , 557 n.5 (1980))); Martinez, 444 U.S. at 282 , 100 S. Ct. at 557 (“But even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest . . . .”); Simonson v. Iowa State Univ., 603 N.W.2d 557, 562 (Iowa 1999) (“ | 1 | 1 |
Logan v. Zimmerman Brush Co.green2 sentences2020See Logan, 455 U.S. at 433 , 102 S. Ct. at 1156 (explaining that defenses to tort actions may constitute “one aspect of the State’s definition of that property interest” (quoting Martinez v. California, 444 U.S. 277 , 282 n.5, 100 S. Ct. 553 , 557 n.5 (1980))); Martinez, 444 U.S. at 282 , 100 S. Ct. at 557 (“But even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest . . . .”); Simonson v. Iowa State Univ., 603 N.W.2d 557, 562 (Iowa 1999) (“ 2020See Logan, 455 U.S. at 433 , 102 S. Ct. at 1156 (explaining that defenses to tort actions may constitute “one aspect of the State’s definition of that property interest” (quoting Martinez v. California, 444 U.S. 277 , 282 n.5, 100 S. Ct. 553 , 557 n.5 (1980))); Martinez, 444 U.S. at 282 , 100 S. Ct. at 557 (“But even if one characterizes the immunity defense as a statutory deprivation, it would remain true that the State’s interest in fashioning its own rules of tort law is paramount to any discernible federal interest . . . .”); Simonson v. Iowa State Univ., 603 N.W.2d 557, 562 (Iowa 1999) (“ | 1 | 1 |
Corum v. University of North Carolinagreen2 sentences2018See id. at 281, 292 . 2018See id. at 281, 292 . | 1 | 1 |
LePoidevin Ex Rel. Dye v. Wilsongreen2 sentences2013For instance, in LePoidevin v. Wilson, the Wisconsin Supreme Court distinguished a premises liability claim, which was subject to an immunity defense under Wisconsin’s recreational use statute, from a negligence claim arising from the landowner’s son taunting the plaintiff into diving headfirst into a three-foot-deep pond. 111 Wis.2d 116 , 330 N.W.2d 555, 559-62 (1983). 2013For instance, in LePoidevin v. Wilson, the Wisconsin Supreme Court distinguished a premises liability claim, which was subject to an immunity defense under Wisconsin’s recreational use statute, from a negligence claim arising from the landowner’s son taunting the plaintiff into diving headfirst into a three-foot-deep pond. 111 Wis.2d 116 , 330 N.W.2d 555, 559-62 (1983). | 1 | 1 |
Klein v. United Statesgreen2 sentences2013Similarly, in Klein v. United States, the California Supreme Court found that a recreational use statute did not extinguish claims arising from the negligent acts of owners on the premises. 50 Cal.4th 68 , 112 Cal.Rptr.3d 722 , 235 P.3d 42, 47-53 (2010). 2013Similarly, in Klein v. United States, the California Supreme Court found that a recreational use statute did not extinguish claims arising from the negligent acts of owners on the premises. 50 Cal.4th 68 , 112 Cal.Rptr.3d 722 , 235 P.3d 42, 47-53 (2010). | 1 | 1 |
Haynes v. Presbyterian Hospital Ass'ngreen2 sentences2010Ass’n, 241 Iowa 1269, 1274 , 45 N.W.2d 151, 154 (1950) (weighing and ultimately rejecting public policy justifications for the immunity doctrine). 2010Ass’n, 241 Iowa 1269, 1274 , 45 N.W.2d 151, 154 (1950) (weighing and ultimately rejecting public policy justifications for the immunity doctrine). | 1 | 1 |
Turner v. Turnergreen1 sentence2002Turner v. Turner, 304 N.W.2d 786, 788-89 (Iowa 1981). | 1 | 1 |
Kirtley v. Chamberlingreen2 sentences1983See Kirtley v. Chamberlin, 250 Iowa at 143-46 , 93 N.W.2d at 83-85 ; Murray v. Wilcox, *157 122 Iowa at 192 , 97 N.W. at 1088; 62 Am.Jur.2d Process § 147, at 931 (1972); Annot., 84 A.L.R.2d 421 (1962). 1983See Kirtley v. Chamberlin, 250 Iowa at 143-46 , 93 N.W.2d at 83-85 ; Murray v. Wilcox, *157 122 Iowa at 192 , 97 N.W. at 1088; 62 Am.Jur.2d Process § 147, at 931 (1972); Annot., 84 A.L.R.2d 421 (1962). | 1 | 1 |
Elledge v. City of Des Moinesgreen2 sentences1982Elledge v. City of Des Moines, 259 Iowa 284, 288 , 144 N.W.2d 283, 286 (1966); Wittmer v. Letts, 248 Iowa 648, 652 , 80 N.W.2d 561, 563 (1957); Bradley v. City of Oskaloosa, 193 Iowa 1072, 1073 , 188 N.W. 896 , 896-97 (1922). 1982Elledge v. City of Des Moines, 259 Iowa 284, 288 , 144 N.W.2d 283, 286 (1966); Wittmer v. Letts, 248 Iowa 648, 652 , 80 N.W.2d 561, 563 (1957); Bradley v. City of Oskaloosa, 193 Iowa 1072, 1073 , 188 N.W. 896 , 896-97 (1922). | 1 | 1 |
Wittmer v. Lettsgreen2 sentences1982Elledge v. City of Des Moines, 259 Iowa 284, 288 , 144 N.W.2d 283, 286 (1966); Wittmer v. Letts, 248 Iowa 648, 652 , 80 N.W.2d 561, 563 (1957); Bradley v. City of Oskaloosa, 193 Iowa 1072, 1073 , 188 N.W. 896 , 896-97 (1922). 1982Elledge v. City of Des Moines, 259 Iowa 284, 288 , 144 N.W.2d 283, 286 (1966); Wittmer v. Letts, 248 Iowa 648, 652 , 80 N.W.2d 561, 563 (1957); Bradley v. City of Oskaloosa, 193 Iowa 1072, 1073 , 188 N.W. 896 , 896-97 (1922). | 1 | 1 |
Streenz v. Streenzgreen2 sentences1981See Streenz v. Streenz, 106 Ariz. 86 , 471 P.2d 282 (1970) (McFarland, J., dissenting). 1981See Streenz v. Streenz, 106 Ariz. 86 , 471 P.2d 282 (1970) (McFarland, J., dissenting). | 1 | 1 |
Seiber v. Stategreen2 sentences1975See Seiber v. State, 211 N.W.2d 698 (Iowa 1973). 1975See Seiber v. State, 211 N.W.2d 698 (Iowa 1973). | 1 | 1 |
Groves v. City of Webster Citygreen2 sentences1971Groves v. Webster City, 222 Iowa 849, 860-861 , 270 N.W. 329, 335 (1937); cf. McKeown v. Brown, 167 Iowa 489 , 149 N.W. 593 (1914). 1971Groves v. Webster City, 222 Iowa 849, 860-861 , 270 N.W. 329, 335 (1937); cf. McKeown v. Brown, 167 Iowa 489 , 149 N.W. 593 (1914). | 1 | 1 |
Spanel v. Mounds View School District No. 621green2 sentences1963In Spanel v. Mounds View School District No. 621, Minn., 118 N.W.2d 795, 802, 803 , that court said: "Our consideration of the origins of tort immunity persuade us that its genesis was accidental and was characterized by expediency, and that its continuation has stemmed from inertia. 1963In Spanel v. Mounds View School District No. 621, Minn., 118 N.W.2d 795, 802, 803 , that court said: “Our consideration of the origins of tort immunity persuade us that its genesis was accidental and was characterized by expediency, and that its continuation has stemmed from inertia. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sessions v. Thos. Dee Memorial Hospital Ass'n.
neutral
2 sentences1939The Utah court in the first trial of Sessions v. Thomas Dee Memorial Hospital Assn., 89 Utah 222 , 51 P.2d 229 , rather intimated that it favored the immunity rule, but the facts were insufficient for it to pass on the question. 1939The Utah court in the first trial of Sessions v. Thomas Dee Memorial Hospital Assn., 89 Utah 222 , 51 P.2d 229 , rather intimated that it favored the immunity rule, but the facts were insufficient for it to pass on the question. | 2 | 1939–1939 |
Coleman v. Court of Appeals of Maryland
green
2 sentences2014Coleman, 566 U.S. at ___ , 132 S. Ct. at 1338 , 182 L. 2014Coleman, 566 U.S. at ___ , 132 S. Ct. at 1338 , 182 L. | 1 | 2014–2014 |
Moseley v. Ricks
green
2 sentences1983In Moseley v. Ricks, for example, this court quoted with approval from a Montana case: According to the weight of authority, this rule applies to all proceedings which are in their nature judicial, whether taking place in court or not ..., and to attendance upon the taking of depositions to be used in the trial of a cause _ The rule has been extended to include a party attending the examination of witnesses to be used on a trial of his case ..., and to such a one who comes into a foreign jurisdiction at the request of his counsel, to be present during the argument on a demurrer .... 223 Iowa a 1983In Moseley v. Ricks, for example, this court quoted with approval from a Montana case: According to the weight of authority, this rule applies to all proceedings which are in their nature judicial, whether taking place in court or not ..., and to attendance upon the taking of depositions to be used in the trial of a cause _ The rule has been extended to include a party attending the examination of witnesses to be used on a trial of his case ..., and to such a one who comes into a foreign jurisdiction at the request of his counsel, to be present during the argument on a demurrer .... 223 Iowa a | 1 | 1983–1983 |
Murray v. Wilcox
green
1 sentence1983See Kirtley v. Chamberlin, 250 Iowa at 143-46 , 93 N.W.2d at 83-85 ; Murray v. Wilcox, *157 122 Iowa at 192 , 97 N.W. at 1088; 62 Am.Jur.2d Process § 147, at 931 (1972); Annot., 84 A.L.R.2d 421 (1962). | 1 | 1983–1983 |
Bradley v. City of Oskaloosa
green
1 sentence1982Elledge v. City of Des Moines, 259 Iowa 284, 288 , 144 N.W.2d 283, 286 (1966); Wittmer v. Letts, 248 Iowa 648, 652 , 80 N.W.2d 561, 563 (1957); Bradley v. City of Oskaloosa, 193 Iowa 1072, 1073 , 188 N.W. 896 , 896-97 (1922). | 1 | 1982–1982 |
McKeown v. Brown
green
2 sentences1971Groves v. Webster City, 222 Iowa 849, 860-861 , 270 N.W. 329, 335 (1937); cf. McKeown v. Brown, 167 Iowa 489 , 149 N.W. 593 (1914). 1971Groves v. Webster City, 222 Iowa 849, 860-861 , 270 N.W. 329, 335 (1937); cf. McKeown v. Brown, 167 Iowa 489 , 149 N.W. 593 (1914). | 1 | 1971–1971 |
Dunlap v. Dunlap
green
2 sentences1968Finally, appellee contends the immunity doctrine should not extend to the business or vocational establishment of the father, and cites and relies upon Dunlap v. Dunlap, supra, 84 N.H. 352 , 150 A. 905 , 71 A.L.R. 1055 , Signs v. Signs, supra, 156 Ohio St. 566 , 103 N.E.2d 743 , Borst v. Borst, supra, 41 Wash.2d 642 , 251 P.2d 149 , Lusk v. Lusk, supra, 113 W.Va. 17 , 166 S.E. 538 . 1968Finally, appellee contends the immunity doctrine should not extend to the business or vocational establishment of the father, and cites and relies upon Dunlap v. Dunlap, supra, 84 N.H. 352 , 150 A. 905 , 71 A.L.R. 1055 , Signs v. Signs, supra, 156 Ohio St. 566 , 103 N.E.2d 743 , Borst v. Borst, supra, 41 Wash.2d 642 , 251 P.2d 149 , Lusk v. Lusk, supra, 113 W.Va. 17 , 166 S.E. 538 . | 1 | 1968–1968 |
Borst v. Borst
green
2 sentences1968Finally, appellee contends the immunity doctrine should not extend to the business or vocational establishment of the father, and cites and relies upon Dunlap v. Dunlap, supra, 84 N.H. 352 , 150 A. 905 , 71 A.L.R. 1055 , Signs v. Signs, supra, 156 Ohio St. 566 , 103 N.E.2d 743 , Borst v. Borst, supra, 41 Wash.2d 642 , 251 P.2d 149 , Lusk v. Lusk, supra, 113 W.Va. 17 , 166 S.E. 538 . 1968Finally, appellee contends the immunity doctrine should not extend to the business or vocational establishment of the father, and cites and relies upon Dunlap v. Dunlap, supra, 84 N.H. 352 , 150 A. 905 , 71 A.L.R. 1055 , Signs v. Signs, supra, 156 Ohio St. 566 , 103 N.E.2d 743 , Borst v. Borst, supra, 41 Wash.2d 642 , 251 P.2d 149 , Lusk v. Lusk, supra, 113 W.Va. 17 , 166 S.E. 538 . | 1 | 1968–1968 |
Boyer v. Iowa High School Athletic Association
green
2 sentences1968As to that plaintiff’s remedy is legislative and not judicial.” This court in Boyer v. Iowa High School Athletic Association, 256 Iowa 337 , 127 N.W.2d 606 refused to change the immunity rule as it applied to tort claims against the state. 1968As to that plaintiff’s remedy is legislative and not judicial.” This court in Boyer v. Iowa High School Athletic Association, 256 Iowa 337 , 127 N.W.2d 606 refused to change the immunity rule as it applied to tort claims against the state. | 1 | 1968–1968 |
Lusk v. Lusk
green
2 sentences1968Finally, appellee contends the immunity doctrine should not extend to the business or vocational establishment of the father, and cites and relies upon Dunlap v. Dunlap, supra, 84 N.H. 352 , 150 A. 905 , 71 A.L.R. 1055 , Signs v. Signs, supra, 156 Ohio St. 566 , 103 N.E.2d 743 , Borst v. Borst, supra, 41 Wash.2d 642 , 251 P.2d 149 , Lusk v. Lusk, supra, 113 W.Va. 17 , 166 S.E. 538 . 1968Finally, appellee contends the immunity doctrine should not extend to the business or vocational establishment of the father, and cites and relies upon Dunlap v. Dunlap, supra, 84 N.H. 352 , 150 A. 905 , 71 A.L.R. 1055 , Signs v. Signs, supra, 156 Ohio St. 566 , 103 N.E.2d 743 , Borst v. Borst, supra, 41 Wash.2d 642 , 251 P.2d 149 , Lusk v. Lusk, supra, 113 W.Va. 17 , 166 S.E. 538 . | 1 | 1968–1968 |
Molitor v. Kaneland Community Unit District No. 302
green
2 sentences1964The two principal precedents plaintiff cites are Molitor v. Kaneland Community Unit Dist., 18 Ill.2d 11 , 163 N.E.2d 89 , 86 A. L. 1964The two principal precedents plaintiff cites are Molitor v. Kaneland Community Unit Dist., 18 Ill.2d 11 , 163 N.E.2d 89 , 86 A. L. | 1 | 1964–1964 |
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.