impact error in Iowa

2024State v. Martin, 608 N.W.2d 445, 450 (Iowa 2000).

2020See Thompson, 492 N.W.2d at 414–15.

2010See State v. Massey, 275 N.W.2d 436, 439 (Iowa 1979) (stating the prejudice test applicable to trial errors not implicating a constitutional right is premised upon a determination of “whether it sufficiently appears that the rights of the complaining party have been injuriously affected or that the party has suffered a miscarriage of justice”).

2010See State v. Massey, 275 N.W.2d 436, 439 (Iowa 1979) (stating the prejudice test applicable to trial errors not implicating a constitutional right is premised upon a determination of “whether it sufficiently appears that the rights of the complaining party have been injuriously affected or that the party has suffered a miscarriage of justice”).

1997See Waters v. Double L, Inc., 114 Idaho 256 , 755 P.2d 1294, 1305 (Idaho Ct.App.1987) (holding because an award of attorney fees is discretionary, court may “consider attorney fees in relation to the underlying equities in the case”), modified, 115 Idaho 705 , 769 P.2d 582 (1989); Davis-Eisenhart, 539 N.W.2d at 143 (finding no abuse of discretion in refusal to award attorney fees where “disparity [between corporation’s offer and court’s fair-value determination] was not so great as to constitute sanctionable conduct”).

1997See Waters v. Double L, Inc., 114 Idaho 256 , 755 P.2d 1294, 1305 (Idaho Ct.App.1987) (holding because an award of attorney fees is discretionary, court may “consider attorney fees in relation to the underlying equities in the case”), modified, 115 Idaho 705 , 769 P.2d 582 (1989); Davis-Eisenhart, 539 N.W.2d at 143 (finding no abuse of discretion in refusal to award attorney fees where “disparity [between corporation’s offer and court’s fair-value determination] was not so great as to constitute sanctionable conduct”).

1997See Waters v. Double L, Inc., 114 Idaho 256 , 755 P.2d 1294, 1305 (Idaho Ct.App.1987) (holding because an award of attorney fees is discretionary, court may “consider attorney fees in relation to the underlying equities in the case”), modified, 115 Idaho 705 , 769 P.2d 582 (1989); Davis-Eisenhart, 539 N.W.2d at 143 (finding no abuse of discretion in refusal to award attorney fees where “disparity [between corporation’s offer and court’s fair-value determination] was not so great as to constitute sanctionable conduct”).

1997See Waters v. Double L, Inc., 114 Idaho 256 , 755 P.2d 1294, 1305 (Idaho Ct.App.1987) (holding because an award of attorney fees is discretionary, court may “consider attorney fees in relation to the underlying equities in the case”), modified, 115 Idaho 705 , 769 P.2d 582 (1989); Davis-Eisenhart, 539 N.W.2d at 143 (finding no abuse of discretion in refusal to award attorney fees where “disparity [between corporation’s offer and court’s fair-value determination] was not so great as to constitute sanctionable conduct”).

1997See Waters v. Double L, Inc., 114 Idaho 256 , 755 P.2d 1294, 1305 (Idaho Ct.App.1987) (holding because an award of attorney fees is discretionary, court may “consider attorney fees in relation to the underlying equities in the case”), modified, 115 Idaho 705 , 769 P.2d 582 (1989); Davis-Eisenhart, 539 N.W.2d at 143 (finding no abuse of discretion in refusal to award attorney fees where “disparity [between corporation’s offer and court’s fair-value determination] was not so great as to constitute sanctionable conduct”).

1981We said in Wambsgans v. Price, 274 N.W.2d 362, 365 (Iowa 1979), “While we do not adhere to the impact rule which requires a physical injury in order to recover for emotional distress or mental anguish, we have never allowed such a recovery for negligence alone.” We have also noted, “[Wjhere the act is willful or malicious, as distinguished from being merely negligent, recovery may be had for mental pain, though no physical injury results.” Barnett v. Collection Service Co., 214 Iowa 1303, 1312 , 242 N.W. 25, 28 (1932).

1981We said in Wambsgans v. Price, 274 N.W.2d 362, 365 (Iowa 1979), “While we do not adhere to the impact rule which requires a physical injury in order to recover for emotional distress or mental anguish, we have never allowed such a recovery for negligence alone.” We have also noted, “[Wjhere the act is willful or malicious, as distinguished from being merely negligent, recovery may be had for mental pain, though no physical injury results.” Barnett v. Collection Service Co., 214 Iowa 1303, 1312 , 242 N.W. 25, 28 (1932).

1981We said in Wambsgans v. Price, 274 N.W.2d 362, 365 (Iowa 1979), "While we do not adhere to the impact rule which requires a physical injury in order to recover for emotional distress or mental anguish, we have never allowed such a recovery for negligence alone." We have also noted, "[W]here the act is willful or malicious, as distinguished from being merely negligent, recovery may be had for mental pain, though no physical injury results." Barnett v. Collection Service Co., 214 Iowa 1303, 1312 , 242 N.W. 25, 28 (1932).

1981We said in Wambsgans v. Price, 274 N.W.2d 362, 365 (Iowa 1979), “While we do not adhere to the impact rule which requires a physical injury in order to recover for emotional distress or mental anguish, we have never allowed such a recovery for negligence alone.” We have also noted, “[Wjhere the act is willful or malicious, as distinguished from being merely negligent, recovery may be had for mental pain, though no physical injury results.” Barnett v. Collection Service Co., 214 Iowa 1303, 1312 , 242 N.W. 25, 28 (1932).