competing factors in Iowa

2020Thus, even if [defendant] is correct in its assertion four of the factors weigh against certification, that does not preclude the court from certifying the class action if, it its opinion, those factors are outweighed by other factors supporting certification. 696 N.W.2d at 322 (alterations in original) (quoting Howe v. Microsoft Corp., 656 N.W.2d 285, 289 (N.D. 2003)). members not parties to the adjudication or substantially impair or impede their ability to protect their interests. d.

2017Comes, 696 N.W.2d at 322 (quoting Howe v. Microsoft Corp., 656 N.W.2d 285, 289 (N.D. 2003)).

2022While time is of the essence in achieving permanency for children like J.R., we cannot forget the competing principle that “termination is an outcome of last resort.” In re B.F., 526 N.W.2d 352, 356 (Iowa Ct. App. 1994).

2019“While time is of the essence in achieving permanency for children,” “we cannot lose sight of the competing principle that ‘termination is an outcome of last resort.’” In re B.M., No. 13-1704, 2013 WL 6700309 , at *4 (Iowa Ct. App. Dec. 18, 2013) (quoting In re B.F., 526 N.W.2d 352, 356 (Iowa Ct. App. 1994)).

2020Thus, even if [defendant] is correct in its assertion four of the factors weigh against certification, that does not preclude the court from certifying the class action if, it its opinion, those factors are outweighed by other factors supporting certification. 696 N.W.2d at 322 (alterations in original) (quoting Howe v. Microsoft Corp., 656 N.W.2d 285, 289 (N.D. 2003)). members not parties to the adjudication or substantially impair or impede their ability to protect their interests. d.

2019Employing its broad discretion, the district court must “weigh the competing factors and determine whether a class action will provide a fair and efficient adjudication of the controversy.” Id.

2023State v. Wright, 340 N.W.2d 590, 593 (Iowa 1983) (“The right of an individual judge to balance the relevant factors in determining an appropriate sentence inheres in the discretionary standard.”).

2022“The fundamental liberty interest of natural parents in the care, custody, and management of their child does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State.” Santoksky v. Kramer, 455 U.S. 745, 753 (1982).

2005Thus, even if [defendant] is correct in its assertion four of the factors weigh against certification, that does not preclude the court from certifying the class action if, in its opinion, those factors are outweighed by other factors supporting certification.” Howe v. Microsoft Corp., 656 N.W.2d 285, 289 (N.D.2003) (quoting Peterson v. Dougherty Dawkins, Inc., 583 N.W.2d 626, 629 (N.D.1998)).