punitive damage claim (Iowa) · Go Syfert
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punitive damage claim in Iowa

14 Iowa opinions name it 2 courts 1979–2018 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 (8)

CaseFollowedCited
Lala v. Peoples Bank & Trust Co. of Cedar Rapidsgreen
iowa · 1988 · cited in 1 Iowa opinions naming this issue, 2017–2017
1 sentence

2017See Lala v. Peoples Bank & Trust Co., 420 N.W.2d 804, 807 (Iowa 1988) (“We decline to adopt a per se rule that would require a new trial in all cases where net worth is allowed upon a punitive damage claim that is then set aside by action of either the trial court or upon appeal.”). 2.

11
Miranda v. Saidgreen
iowa · 2013 · cited in 1 Iowa opinions naming this issue, 2016–2016
2 sentences

2016Iowa Code § 668A.1(1)(a) (2011); Miranda v. Said, 836 N.W.2d 8, 34 (Iowa 2013). [C]onduct is willful and wanton when “[t]he actor has intentionally done an act of unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow, and which thus is usually accompanied by a conscious indifference to the consequences.” Miranda, 836 N.W.2d at 34 (second alteration in original) (citation omitted).

2016Iowa Code § 668A.1(1)(a) (2011); Miranda v. Said, 836 N.W.2d 8, 34 (Iowa 2013). [C]onduct is willful and wanton when “[t]he actor has intentionally done an act of unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow, and which thus is usually accompanied by a conscious indifference to the consequences.” Miranda, 836 N.W.2d at 34 (second alteration in original) (citation omitted).

11
Fennelly v. A-1 MacHine & Tool Co.green
iowa · 2006 · cited in 1 Iowa opinions naming this issue, 2015–2015
2 sentences

2015For attorney fees to be awarded when there is no statute or contract providing for such an award, the conduct of the losing party must “exceed[ ] the punitive-damage standard, which requires ‘willful and wanton disregard for the rights of another.’” Id. at 181 (citations omitted).

2015The conduct “‘must rise to the level of oppression or 40 connivance to harass or injure another.’ Put another way, the standard ‘envisions conduct that is intentional and likely to be aggravated by cruel and tyrannical motives.’” Id. (citation omitted).

11
Leaf v. Goodyear Tire & Rubber Co.green
iowa · 1999 · cited in 1 Iowa opinions naming this issue, 2000–2000
2 sentences

2000See Leaf v. Goodyear Tire & Rubber Co., 590 N.W.2d 525, 536 (Iowa 1999) (“Jury instructions are to be read and considered as a whole, not ‘piecemeal or in artificial isolation.’ ”).

2000See Leaf v. Goodyear Tire & Rubber Co., 590 N.W.2d 525, 536 (Iowa 1999) ("Jury instructions are to be read and considered as a whole, not `piecemeal or in artificial isolation.'"). *233 Clearly, the uniform civil jury instruction here "enlightened the jury as to the punitive damages' nature and purpose, identified the damages as punishment for civil wrongdoing of the kind involved, and explained that their imposition was not compulsory." Haslip, 499 U.S. at 19 , 111 S.Ct. at 1044 , 113 L.Ed.2d at 21 ; see also State v. Morrison, 368 N.W.2d 173, 175 (Iowa 1985) (holding that district court is n

11
Pacific Mutual Life Insurance v. Haslipgreen
scotus · 1991 · cited in 1 Iowa opinions naming this issue, 2000–2000
2 sentences

2000See Leaf v. Goodyear Tire & Rubber Co., 590 N.W.2d 525, 536 (Iowa 1999) ("Jury instructions are to be read and considered as a whole, not `piecemeal or in artificial isolation.'"). *233 Clearly, the uniform civil jury instruction here "enlightened the jury as to the punitive damages' nature and purpose, identified the damages as punishment for civil wrongdoing of the kind involved, and explained that their imposition was not compulsory." Haslip, 499 U.S. at 19 , 111 S.Ct. at 1044 , 113 L.Ed.2d at 21 ; see also State v. Morrison, 368 N.W.2d 173, 175 (Iowa 1985) (holding that district court is n

2000See Leaf v. Goodyear Tire & Rubber Co., 590 N.W.2d 525, 536 (Iowa 1999) ("Jury instructions are to be read and considered as a whole, not `piecemeal or in artificial isolation.'"). *233 Clearly, the uniform civil jury instruction here "enlightened the jury as to the punitive damages' nature and purpose, identified the damages as punishment for civil wrongdoing of the kind involved, and explained that their imposition was not compulsory." Haslip, 499 U.S. at 19 , 111 S.Ct. at 1044 , 113 L.Ed.2d at 21 ; see also State v. Morrison, 368 N.W.2d 173, 175 (Iowa 1985) (holding that district court is n

11
State v. Morrisongreen
iowa · 1985 · cited in 1 Iowa opinions naming this issue, 2000–2000
1 sentence

2000See Leaf v. Goodyear Tire & Rubber Co., 590 N.W.2d 525, 536 (Iowa 1999) ("Jury instructions are to be read and considered as a whole, not `piecemeal or in artificial isolation.'"). *233 Clearly, the uniform civil jury instruction here "enlightened the jury as to the punitive damages' nature and purpose, identified the damages as punishment for civil wrongdoing of the kind involved, and explained that their imposition was not compulsory." Haslip, 499 U.S. at 19 , 111 S.Ct. at 1044 , 113 L.Ed.2d at 21 ; see also State v. Morrison, 368 N.W.2d 173, 175 (Iowa 1985) (holding that district court is n

11
Campbell v. Van Roekelgreen
iowa · 1984 · cited in 1 Iowa opinions naming this issue, 1989–1989
1 sentence

1989See Campbell v. Van Roekel, 347 N.W.2d 406, 411 (Iowa 1984).

11
Pogge v. Fullerton Lumber Co.green
iowa · 1979 · cited in 1 Iowa opinions naming this issue, 1979–1979
1 sentence

1979Pogge v. Fullerton Lumber Co., 277 N.W.2d 916, 918-20 (Iowa 1979).

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 (7)

CaseCitedYears
Hockenberg Equip. v. HOCKENBERG'S E. & S. green
iowa · 1993
2 sentences

2014Co., 510 N.W.2d at 159 .

2005A plaintiff seeking common-law attorney fees must prove that the culpability of the defendant’s conduct exceeds the punitive-damage standard, which requires “willful and wanton disregard for the rights of another.” Id. at 159 .

42005–2014
Wolf v. Wolf green
iowa · 2005
2 sentences

2006The standard for an award of common-law attorney fees is as follows: A plaintiff seeking common-law attorney fees must prove that the culpability of the defendant’s conduct exceeds the punitive-damage standard, which requires “willful and wanton disregard for the rights of another.” Instead, “such conduct must rise to the level of oppression or connivance to harass or injure another.” Put another way, the standard “envisions conduct that is intentional and likely to be aggravated by cruel and tyrannical motives.” Wolf, 690 N.W.2d at 896 (quoting Hockenberg Equip.

2006The standard for an award of common-law attorney fees is as follows: A plaintiff seeking common-law attorney fees must prove that the culpability of the defendant’s conduct exceeds the punitive-damage standard, which requires “willful and wanton disregard for the rights of another.” Instead, “such conduct must rise to the level of oppression or connivance to harass or injure another.” Put another way, the standard “envisions conduct that is intentional and likely to be aggravated by cruel and tyrannical motives.” Wolf, 690 N.W.2d at 896 (quoting Hockenberg Equip.

22006–2006
Beeman v. Manville Corp. Asbestos Disease Compensation Fund green
iowa · 1993
1 sentence

2018Id. at 250 , 255 n.3.

12018–2018
Jones v. PALMER COMMUNICATIONS, INCORPORATED green
iowa · 1989
1 sentence

2001We recognized the validity of that argument in Jones v. Palmer Communications, Inc., 440 N.W.2d 884 (Iowa 1989), wherein we stated that an interpretation of the First Amendment by the Supreme Court dictated that punitive damages may not be recovered in defamation actions against media publishers or broadcasters unless actual malice is established.

12001–2001
Thompson v. Moore green
gactapp · 1985
2 sentences

1990In urging that this evidence should have been received, plaintiff relies heavily on the case of Thompson v. Moore, 174 Ga.App. 331 , 329 S.E.2d 914 , aff'd, 255 Ga. 236 , 336 S.E.2d 749 (1985).

1990In urging that this evidence should have been received, plaintiff relies heavily on the case of Thompson v. Moore, 174 Ga.App. 331 , 329 S.E.2d 914 , aff'd, 255 Ga. 236 , 336 S.E.2d 749 (1985).

11990–1990
Moore v. Thompson green
ga · 1985
2 sentences

1990In urging that this evidence should have been received, plaintiff relies heavily on the case of Thompson v. Moore, 174 Ga.App. 331 , 329 S.E.2d 914 , aff'd, 255 Ga. 236 , 336 S.E.2d 749 (1985).

1990In urging that this evidence should have been received, plaintiff relies heavily on the case of Thompson v. Moore, 174 Ga.App. 331 , 329 S.E.2d 914 , aff'd, 255 Ga. 236 , 336 S.E.2d 749 (1985).

11990–1990
White v. Citizens National Bank of Boone green
iowa · 1978
1 sentence

1984These efforts, it claims, effectively negated the element of malice necessary for a punitive damage claim, citing White, 262 N.W.2d at 817 .

11984–1984

Statutes the citing opinions construe

IA § Iowa Code § 614.1 (3) IA § Iowa Code § 668A.1 (3)

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.

Where else courts name it

FL 58 (1965–2026) MO 29 (1960–2024) CA 27 (1980–2025) MS 24 (1979–2008) IA 14 (1979–2018) PA 13 (1980–2013) NJ 12 (1979–2021) NY 10 (1977–2020) MD 9 (1991–2009) AZ 9 (1971–2022) NV 7 (1998–2019) TN 6 (1998–2024) IL 6 (1985–2013) VA 6 (1989–2003) CT 6 (1982–2003) RI 6 (2000–2015) KY 5 (1913–2008) SD 5 (1993–2021) IN 5 (1985–2003) OH 4 (1986–2022) WI 4 (1980–2007) WV 4 (1994–2013) MN 4 (1987–1990) MT 3 (2000–2008) ID 3 (1990–2001) AL 3 (1981–2005) GA 3 (1991–2015) AR 3 (1984–2014) NM 3 (1976–2010) LA 2 (1988–1994) NC 2 (1986–1986) OK 2 (1993–1993) DC 2 (1981–1995) TX 2 (1998–2004) CO 2 (2012–2025) KS 2 (1992–1998)

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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