party pleading exception (Iowa) · Go Syfert
← Iowa issues

party pleading exception in Iowa

5 Iowa opinions name it 2 courts 1981–2020 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 (6)

CaseFollowedCited
Franzen v. Deere and Co.green
iowa · 1983 · cited in 3 Iowa opinions naming this issue, 1988–2020
2 sentences

2020“The party pleading an exception to the normal limitations period has the burden to plead and prove the exceptions.” Franzen v. Deere & Co., 334 N.W.2d 730, 732 (Iowa 1983); see also Skadburg v. Gately, 911 N.W.2d 786, 793 (Iowa 2018) (“Although [defendant] has the burden of establishing the statute-of- limitations defense, [plaintiff], as the party attempting to avoid the limitations period, has the burden of demonstrating any exception.”).

1989The Iowa Supreme Court has held that: “The party pleading an exception to the normal limitations period has the burden to plead and prove the exceptions.” Franzen v. Deere and Co., 334 N.W.2d 730, 732 (Iowa 1983).

33
Conklin v. Townegreen
iowa · 1927 · cited in 2 Iowa opinions naming this issue, 1981–1983
2 sentences

1983Brown v. Ellison, 304 N.W.2d 197,200 (Iowa 1981); Conklin v. Towne, 204 Iowa 916, 920 , 216 N.W. 264, 266 (1927).

1983Brown v. Ellison, 304 N.W.2d 197,200 (Iowa 1981); Conklin v. Towne, 204 Iowa 916, 920 , 216 N.W. 264, 266 (1927).

22
Michelle R. Skadburg v. Gary Gately and Whitfield and Eddy, PLCgreen
iowa · 2018 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020“The party pleading an exception to the normal limitations period has the burden to plead and prove the exceptions.” Franzen v. Deere & Co., 334 N.W.2d 730, 732 (Iowa 1983); see also Skadburg v. Gately, 911 N.W.2d 786, 793 (Iowa 2018) (“Although [defendant] has the burden of establishing the statute-of- limitations defense, [plaintiff], as the party attempting to avoid the limitations period, has the burden of demonstrating any exception.”).

11
Dan Richards v. Michael Mitcheffgreen
ca7 · 2012 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020We will address the discovery rule and equitable estoppel separately. 3Courts applying federal notice pleading standards recognize that although “complaints need not anticipate or meet potential affirmative defenses,” dismissal on the pleadings is appropriate when the plaintiff’s “allegations show that there is an airtight defense [such that he] has pleaded himself out of court.” Richards v. Mitcheff, 696 F.3d 635, 637, 638 (7th Cir. 2012). 14 1.

11
Sparks v. Metalcraft, Inc.green
iowa · 1987 · cited in 1 Iowa opinions naming this issue, 1988–1988
1 sentence

1988“The party pleading an exception to the normal limitations period has the burden to plead and prove the exceptions.” Franzen v. Deere & Co., 334 N.W.2d 730, 732 (Iowa 1983); accord Sparks, 408 N.W.2d at 350 .

11
Brown v. Ellisongreen
iowa · 1981 · cited in 1 Iowa opinions naming this issue, 1983–1983
1 sentence

1983Brown v. Ellison, 304 N.W.2d 197,200 (Iowa 1981); Conklin v. Towne, 204 Iowa 916, 920 , 216 N.W. 264, 266 (1927).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Statutes the citing opinions construe

IA § Iowa Code § 614.1 (5)

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

LA 53 (1976–2024) IA 5 (1981–2020) AR 4 (1979–2017) MO 4 (1925–2012) NY 3 (1982–2013) IN 3 (1983–2017) WA 2 (2006–2006) ID 2 (1954–1967)

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.

← Caselaw search · G Cite Topics · Brief Check