fact-based analysis (Iowa) · Go Syfert
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fact-based analysis in Iowa

10 Iowa opinions name it 1 courts 2018–2022 3 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 (5)

CaseFollowedCited
Gacke v. Pork Xtra, L.L.C.green
iowa · 2004 · cited in 5 Iowa opinions naming this issue, 2020–2022
2 sentences

2022We made clear in Honomichl that “the Gacke factors require a fact-based analysis that generally requires a trial on the merits, or at least an evidentiary pretrial hearing.” Id. at 238 .

2022We made clear in Honomichl that “the Gacke factors require a fact-based analysis that generally requires a trial on the merits, or at least an evidentiary pretrial hearing.” Id. at 238 .

25
IA SUPREME CT. ATTY. DISC. BD. v. Thompsongreen
iowa · 2007 · cited in 3 Iowa opinions naming this issue, 2018–2020
2 sentences

2020In determining the appropriate sanction, we engage in a fact-based analysis and consider a number of factors, such as “the nature of the underlying violation, need to deter, public protection, protection of the reputation of the legal profession, and the [lawyer]’s fitness to practice law.” Barry, 908 N.W.2d at 227 (alteration in original) (quoting Iowa Supreme Ct. Att’y Disciplinary Bd. v. Thompson, 732 N.W.2d 865, 867 (Iowa 2007)).

2020In determining the appropriate sanction, we engage in a fact-based analysis and consider a number of factors, such as “the nature of the underlying violation, need to deter, public protection, protection of the reputation of the legal profession, and the [lawyer]’s fitness to practice law.” Barry, 908 N.W.2d at 227 (alteration in original) (quoting Iowa Supreme Ct. Att’y Disciplinary Bd. v. Thompson, 732 N.W.2d 865, 867 (Iowa 2007)).

23
Iowa Supreme Court Attorney Disciplinary Board v. Sean Joseph Barrygreen
iowa · 2018 · cited in 2 Iowa opinions naming this issue, 2020–2020
2 sentences

2020In determining the appropriate sanction, we engage in a fact-based analysis and consider a number of factors, such as “the nature of the underlying violation, need to deter, public protection, protection of the reputation of the legal profession, and the [lawyer]’s fitness to practice law.” Barry, 908 N.W.2d at 227 (alteration in original) (quoting Iowa Supreme Ct. Att’y Disciplinary Bd. v. Thompson, 732 N.W.2d 865, 867 (Iowa 2007)).

2020In determining the appropriate sanction, we engage in a fact-based analysis and consider a number of factors, such as “the nature of the underlying violation, need to deter, public protection, protection of the reputation of the legal profession, and the [lawyer]’s fitness to practice law.” Barry, 908 N.W.2d at 227 (alteration in original) (quoting Iowa Supreme Ct. Att’y Disciplinary Bd. v. Thompson, 732 N.W.2d 865, 867 (Iowa 2007)).

22
Sorensen v. Denny Nash, Inc.green
nyappdiv · 1998 · cited in 1 Iowa opinions naming this issue, 2018–2018
2 sentences

2018Compare Kalenka, 305 P.3d at 351 (holding summary judgment was not warranted when the AIP stayed at the bar for two to four hours, drank no alcohol before arriving at or after leaving the bar, consumed around eighteen to nineteen drinks, exhibited signs of intoxication forty-five minutes after leaving the bar, and had a BAC of .27 at the time of the altercation), with Sorensen, 671 N.Y.S.2d at 560–61 (holding the plaintiff submitted insufficient evidence to establish that the second location served alcohol to the AIP while he was visibly intoxicated when the AIP consumed alcohol at three diffe

2018Compare Kalenka , 305 P.3d at 351 (holding summary judgment was not warranted when the AIP stayed at the bar for two to four hours, drank no alcohol before arriving at or after leaving the bar, consumed around eighteen to nineteen drinks, exhibited signs of intoxication forty-five minutes after leaving the bar, and had a BAC of .27 at the time of the altercation), with Sorensen , 671 N.Y.S.2d at 560-61 (holding the plaintiff submitted insufficient evidence to establish that the second location served alcohol to the AIP while he was visibly intoxicated when the AIP consumed alcohol at three dif

11
Kalenka v. Jadon, Inc.green
alaska · 2013 · cited in 1 Iowa opinions naming this issue, 2018–2018
2 sentences

2018Compare Kalenka, 305 P.3d at 351 (holding summary judgment was not warranted when the AIP stayed at the bar for two to four hours, drank no alcohol before arriving at or after leaving the bar, consumed around eighteen to nineteen drinks, exhibited signs of intoxication forty-five minutes after leaving the bar, and had a BAC of .27 at the time of the altercation), with Sorensen, 671 N.Y.S.2d at 560–61 (holding the plaintiff submitted insufficient evidence to establish that the second location served alcohol to the AIP while he was visibly intoxicated when the AIP consumed alcohol at three diffe

2018Compare Kalenka , 305 P.3d at 351 (holding summary judgment was not warranted when the AIP stayed at the bar for two to four hours, drank no alcohol before arriving at or after leaving the bar, consumed around eighteen to nineteen drinks, exhibited signs of intoxication forty-five minutes after leaving the bar, and had a BAC of .27 at the time of the altercation), with Sorensen , 671 N.Y.S.2d at 560-61 (holding the plaintiff submitted insufficient evidence to establish that the second location served alcohol to the AIP while he was visibly intoxicated when the AIP consumed alcohol at three dif

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 (2)

CaseCitedYears
Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, and Q.H., Appellee, v. VALLEY VIEW SWINE, LLC and JBS Live Pork, LLC, Appellants. green
iowa · 2018
2 sentences

2020Yet we explained that the statute could still be found unconstitutional as to the division A plaintiffs if, on “a fact-based analysis,” they showed that they (1) “received no particular benefit from the nuisance immunity granted to their neighbors other than that inuring to the public in general[,]” (2) “sustain[ed] significant hardship[,]” and (3) “resided on their property long before any animal operation was commenced” on neighboring land and “had spent considerable sums of money in improvements to their property prior to construction of the defendant’s facilities.” Id. at 237–39 (quoting G

2020Yet we explained that the statute could still be found unconstitutional as to the division A plaintiffs if, on “a fact-based analysis,” they showed that they (1) “received no particular benefit from the nuisance immunity granted to their neighbors other than that inuring to the public in general[,]” (2) “sustain[ed] significant hardship[,]” and (3) “resided on their property long before any animal operation was commenced” on neighboring land and “had spent considerable sums of money in improvements to their property prior to construction of the defendant’s facilities.” Id. at 237–39 (quoting G

22020–2020
Dalarna Farms Vs. Access Energy Coop. green
iowa · 2010
2 sentences

2018Our holding in Dalarna Farms v. Access Energy Coop. , 792 N.W.2d 656 (Iowa 2010), demonstrates why the Gacke factors require a fact-based analysis that generally requires a trial on the merits, or at least an evidentiary pretrial hearing.

2018There we rejected the plaintiff's argument that section 657.1(2) violated Iowa's inalienable rights clause as applied because it was "premature at this [pretrial] juncture." Id. at 664 .

12018–2018

Statutes the citing opinions construe

IA § Iowa Code § 459.102 (6) IA § Iowa Code § 657.11 (6) IA § Iowa Code § 352.11 (3) IA § Iowa Code § 4.1 (3) IA § Iowa Code § 517.5 (3) IA § Iowa Code § 657.10 (3) IA § Iowa Code § 657.11A (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

CT 65 (1994–2026) CA 29 (1991–2026) IL 24 (2002–2026) NY 20 (1994–2026) PA 16 (1997–2026) OR 14 (1997–2025) TX 12 (2010–2022) DC 12 (1991–2021) OH 11 (1999–2018) IA 10 (2018–2022) NM 8 (1994–2024) VA 7 (2002–2026) MA 7 (1997–2023) WA 7 (2007–2019) NC 6 (2012–2020) CO 6 (2010–2026) FL 6 (1996–2015) MN 6 (1990–2025) MI 5 (2017–2022) UT 5 (2015–2023) KS 4 (2007–2023) SC 4 (2008–2017) LA 3 (1995–2006) DE 3 (2020–2025) MD 3 (2008–2010) GA 3 (2016–2025) ME 2 (1995–2020) OK 2 (1990–2018) NE 2 (2019–2019) NJ 2 (1987–2001) AR 2 (2011–2011) MO 2 (2012–2016)

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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