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7 Iowa opinions name it 1 courts 1978–2017 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 |
|---|---|---|
Brody v. Rubygreen2 sentences2004See, e.g., Whalen, 621 N.W.2d at 688 ("We are aware other authority no longer requires this element.") (citing, in part, Restatement (Second) of Torts §§ 674 cmt. e, at 455, 681 cmt. d, at 470 (1977)); Brody, 267 N.W.2d at 905 (noting slight majority of jurisdictions did not impose the special-injury requirement but finding "no persuasive reason" to change course); Aalfs, 246 Iowa at 160-62 , 66 N.W.2d at 122-24 (declining invitation to overrule Wetmore even though there was a line of authority holding otherwise); see also Royce, 423 N.W.2d at 201-02 (declining invitation to abandon "outdated" 2004See, e.g., Whalen, 621 N.W.2d at 688 (“We are aware other authority no longer requires this element.”) (citing, in part, Restatement (Second) of Torts §§ 674 cmt. e, at 455, 681 cmt. d, at 470 (1977)); Brody, 267 N.W.2d at 905 (noting slight majority of jurisdictions did not impose the special-injury requirement but finding “no persuasive reason” to change course); Aalfs, 246 Iowa at 160-62 , 66 N.W.2d at 122-24 (declining invitation to overrule Wetmore even though there was a line of authority holding otherwise); see also Royce, 423 N.W.2d at 201-02 (declining invitation to abandon “outdated” | 1 | 2 |
Engel v. CBS, INC.green2 sentences2004Dobbs, The Law of Torts § 437, at 1232 (2001 & Supp.2004); see, e.g., Engel, 93 N.Y.2d 195 , 689 N.Y.S.2d 411 , 711 N.E.2d at 629-31 (in answering certified question, “[dispelling rumors of the special injury requirement’s demise” in New York; noting that special-injury rule is “[n]o mere ancient formalism” but rather “its justifications in American jurisprudence have continuing viability”). 2004Dobbs, The Law of Torts § 437, at 1232 (2001 & Supp.2004); see, e.g., Engel, 93 N.Y.2d 195 , 689 N.Y.S.2d 411 , 711 N.E.2d at 629-31 (in answering certified question, “[dispelling rumors of the special injury requirement’s demise” in New York; noting that special-injury rule is “[n]o mere ancient formalism” but rather “its justifications in American jurisprudence have continuing viability”). | 1 | 1 |
Aalfs v. Aalfsgreen2 sentences2004See, e.g., Whalen, 621 N.W.2d at 688 (“We are aware other authority no longer requires this element.”) (citing, in part, Restatement (Second) of Torts §§ 674 cmt. e, at 455, 681 cmt. d, at 470 (1977)); Brody, 267 N.W.2d at 905 (noting slight majority of jurisdictions did not impose the special-injury requirement but finding “no persuasive reason” to change course); Aalfs, 246 Iowa at 160-62 , 66 N.W.2d at 122-24 (declining invitation to overrule Wetmore even though there was a line of authority holding otherwise); see also Royce, 423 N.W.2d at 201-02 (declining invitation to abandon “outdated” 2004See, e.g., Whalen, 621 N.W.2d at 688 (“We are aware other authority no longer requires this element.”) (citing, in part, Restatement (Second) of Torts §§ 674 cmt. e, at 455, 681 cmt. d, at 470 (1977)); Brody, 267 N.W.2d at 905 (noting slight majority of jurisdictions did not impose the special-injury requirement but finding “no persuasive reason” to change course); Aalfs, 246 Iowa at 160-62 , 66 N.W.2d at 122-24 (declining invitation to overrule Wetmore even though there was a line of authority holding otherwise); see also Royce, 423 N.W.2d at 201-02 (declining invitation to abandon “outdated” | 1 | 1 |
Whalen v. Connellygreen2 sentences2004See, e.g., Whalen, 621 N.W.2d at 688 ("We are aware other authority no longer requires this element.") (citing, in part, Restatement (Second) of Torts §§ 674 cmt. e, at 455, 681 cmt. d, at 470 (1977)); Brody, 267 N.W.2d at 905 (noting slight majority of jurisdictions did not impose the special-injury requirement but finding "no persuasive reason" to change course); Aalfs, 246 Iowa at 160-62 , 66 N.W.2d at 122-24 (declining invitation to overrule Wetmore even though there was a line of authority holding otherwise); see also Royce, 423 N.W.2d at 201-02 (declining invitation to abandon "outdated" 2004See, e.g., Whalen, 621 N.W.2d at 688 (“We are aware other authority no longer requires this element.”) (citing, in part, Restatement (Second) of Torts §§ 674 cmt. e, at 455, 681 cmt. d, at 470 (1977)); Brody, 267 N.W.2d at 905 (noting slight majority of jurisdictions did not impose the special-injury requirement but finding “no persuasive reason” to change course); Aalfs, 246 Iowa at 160-62 , 66 N.W.2d at 122-24 (declining invitation to overrule Wetmore even though there was a line of authority holding otherwise); see also Royce, 423 N.W.2d at 201-02 (declining invitation to abandon “outdated” | 1 | 1 |
Royce v. Hoeninggreen2 sentences2004See, e.g., Whalen, 621 N.W.2d at 688 ("We are aware other authority no longer requires this element.") (citing, in part, Restatement (Second) of Torts §§ 674 cmt. e, at 455, 681 cmt. d, at 470 (1977)); Brody, 267 N.W.2d at 905 (noting slight majority of jurisdictions did not impose the special-injury requirement but finding "no persuasive reason" to change course); Aalfs, 246 Iowa at 160-62 , 66 N.W.2d at 122-24 (declining invitation to overrule Wetmore even though there was a line of authority holding otherwise); see also Royce, 423 N.W.2d at 201-02 (declining invitation to abandon "outdated" 2004See, e.g., Whalen, 621 N.W.2d at 688 (“We are aware other authority no longer requires this element.”) (citing, in part, Restatement (Second) of Torts §§ 674 cmt. e, at 455, 681 cmt. d, at 470 (1977)); Brody, 267 N.W.2d at 905 (noting slight majority of jurisdictions did not impose the special-injury requirement but finding “no persuasive reason” to change course); Aalfs, 246 Iowa at 160-62 , 66 N.W.2d at 122-24 (declining invitation to overrule Wetmore even though there was a line of authority holding otherwise); see also Royce, 423 N.W.2d at 201-02 (declining invitation to abandon “outdated” | 1 | 1 |
Ammerman v. Newmangreen1 sentence1978The rationale behind the special injury rule is articulated further in Ammerman v. Newman, 384 A.2d 637, 641 (D.C.App.1978), the court quoting the following from Melvin v. Pence, 76 U.S.App.D.C. 154, 157 , 130 F.2d 423, 426 (1942): The [special injury] limitation is sound. | 1 | 1 |
Melvin v. Pencegreen2 sentences1978The rationale behind the special injury rule is articulated further in Ammerman v. Newman, 384 A.2d 637, 641 (D.C.App.1978), the court quoting the following from Melvin v. Pence, 76 U.S.App.D.C. 154, 157 , 130 F.2d 423, 426 (1942): The [special injury] limitation is sound. 1978The rationale behind the special injury rule is articulated further in Ammerman v. Newman, 384 A.2d 637, 641 (D.C.App.1978), the court quoting the following from Melvin v. Pence, 76 U.S.App.D.C. 154, 157 , 130 F.2d 423, 426 (1942): The [special injury] limitation is sound. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Foley v. Argosy Gaming Co.
green
2 sentences2017Id. 'at 247. 2017Id. at 246-47 . | 3 | 2017–2017 |
Wetmore v. Mellinger
green
2 sentences1988Wetmore v. Mellinger, 64 Iowa at 744 , 18 N.W. at 871 . 1988Wetmore v. Mellinger, 64 Iowa at 744 , 18 N.W. at 871 . | 1 | 1988–1988 |
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.
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.