Iowa Cases

Antitrust

• Court limits scope of antitrust liability -- June 2007

 

Bankruptcy

• Title Ownership of Voided Transfer of Property In Bankruptcy At Issue -- March 2011

• Debtors can reopen bankruptcy case to avoid lien on farm equipment -- March 2006

 

Business Planning

• Court Rules on Claim of Oppression Against Minority Shareholder -- July 2011

• Shareholder Oppression Claimed in Business Dispute -- July 2011

• Corporation Bound by Acts of Shareholder -- May 2011

• Court addresses Partner’s Authority to Act on Behalf of Partnership -- March 2011

• Buy-Sell Agreement Incorporated In Limited Partnership Agreement Construed -- February 2011

• Long-Standing Feud Over Valuation of Corporate Assets Rages On -- December 2010

• Closely-Held Corporation Buy-Sell Agreements, Stock Valuation and Protection of Minority Shareholders -- July 2010

• Non-Lawyer Representation Of Corporation Didn’t Fit Within Exceptions -- June 2010

• Oppression of Minority in Family Farming Corporation? -- February 2010

• Farmland Not Partnership Asset -- January 2010

• Farmland Is Partnership Asset – No Homestead Interest For Partner’s Surviving Spouse -- October 2009

 

Civil Liabilities

• Iowa’s Recreational Use Immunity - Now You See It, Now You Don’t -- March 2012

• May the Sidewalk Rise Up to Meet You With a Large Verdict -- February 2012

• Wrongful Discharge Claim Reinstated -- September 2011

• Punitive Damages Not Awarded After Death Of Offending Party -- August 2011

• New Trial Ordered in Dog Bite Case -- May 2011

• Trial Judge Gets Schooled – Annoying and Unrepresented Party’s Case Can’t Be Dismissed Only For Failure to Follow Procedural Rules -- May 2011

• Does an Employer Owe Any Duty to Ensure That Employees of Independent Contractors Are Competent? -- March 2011

• Defective Dairy Cow Waterer Leads to Litigation -- March 2011

• Workers’ Compensation Sole Remedy For Egg Processing Facility Worker Injury -- February 2011

• Landlord Not Liable for Injuries Caused By Tenant’s Dog -- December 2010

• Neighbor’s Wood-Burning Stove Not a Nuisance -- December 2010

• Stray Voltage at Issue in Nuisance Suit Against Electric Utility -- December 2010

• Wastewater Storage Lagoon Subject to County Zoning -- November 2010

• Who’s Your Nanny? Liability Release Forms and “Public Policy” -- November 2010

• Duty of Owner or Possessor of Land to Entrants Addressed -- July 2010

• Fence Not Privacy Fence – Boundary By Acquiescence Created -- July 2010

• Gathering and Preserving Evidence Critical To Recovering Damages -- July 2010

• Car accident Involving Co-Workers in Personal Vehicle Leads To Examination of Iowa’s Worker’s Comp Law -- November 2009

• Iowa Supreme Court Adopts “Risk Standard” For Determining Proximate Cause in Negligence Cases -- November 2009

• Shady Investment Deal Costs the Family Farm -- November 2009

• Court Construes Iowa Law on Per-Se Nuisance for Alleged Alley Obstruction -- June 2009

• Negligence Not Enough to Recover Against Public School Employees -- June 2009

• Ag Employer Immunized From Suit - Iowa -- June 2009

• Premises Liability: Iowa Supremes Jettison Distinction Between Licensees and Invitees -- June 2009

• Proof of Damages Essential in Tort Case -- June 2009

• Trailer Attached to Tractor Not a “Motor Vehicle” -- March 2009

• Archived Iowa Civil Libilities Cases

 

Criminal Law

• Heemstra-Lyon Dispute Continues -- February 2011

• Encounter Between Hunters and Landowner Turns Sour -- January 2011

• Heemstra-Lyon Dispute Continues -- December 2010

• Building Contractor’s Fraudulent Scheme Uncovered – Conviction Upheld -- March 2010

• Is the Medicaid Program a “Victim” Entitled to Restitution? -- October 2009

• Iowa Cracks Down on Ethanol Fraud -- August 2008

• Home-buying business engaged in theft by deception -- November 2007

• Federal Law Prohibits Iowa Hunters from Carrying Firearms in Certain Situations -- November 2007

• Dog killing still lawful, but opinion highlights changes in the law -- October 2007

 

Contracts

• Failure to Perform Compaction in Workmanlike Manner Results In Bumpy Road -- January 2012

• Breach of Contract At Issue in Logging Dispute -- July 2011

• Principles of Agency At Work in Dispute -- July 2011

• Court Affirms Arbitration Award -- May 2011

• Arbitration Agreement Unenforceable -- March 2011

• Landlord-Tenant Relationship Turns Sour -- March 2011

• Question Surround Farm Purchase Agreement -- March 2011

• Contract Dispute Involving Specially Manufactured Goods -- December 2010

• Oil and Gas Lease Void for Lack of Consideration -- November 2010

• Variable Interest Ag Loan and “Interest Assistance Agreement” Construed -- November 2010

• Contract Language at Issue in Slip-and-Fall Case -- September 2010

• Computing Contract-Based Damages When New Business Involved – The Lost Profits Issue -- September 2010

• Contract Battle of Ownership of Home -- August 2010

• Additional (and Contradictory) Farm Lease Provisions Construed -- July 2010

• Contract Rescission and Disclosure of Financial Information -- July 2010

• Farm Tenancy Properly Terminated -- July 2010

• Language in Written Agreement Controls Handling of Real Estate Taxes -- May 2010

• Fundamentals of Contract Law – Offer, Acceptance and Counteroffers -- March 2010

• Principle of Equity Trumps Contractual Agreement -- March 2010

• Acceptance of Nonconforming Goods Creates Enforceable Contract -- March 2010

• Sale of Used Machinery and the Duty to Warn of Defects -- February 2010

• Farm Lease Termination – The Impact of Not Specifying the Correct Termination Date -- January 2010

• Archived Iowa Contract Cases
  

 

Estate Planning

• Can Attorney Fees Be Awarded For the Time Spent Litigating Attorney Fees? -- April 2012

• Estate Case Involves Breach of Family Settlement Agreement and Renouncement of Will -- March 2012

• Ambiguous Pre-Nuptial Agreement Requires Court to Determine Recipient of Life Insurance Proceeds -- February 2012

• Lessees Must Timely File Mechanic’s Liens to Recover for Costs of Improvements -- January 2012

• Court Determines Distribution of Estate -- January 2012

• Unilateral Withdrawal of Funds in a Joint Bank Account -- October 2011

• Reopening An Estate -- August 2011

• Divorce and the Family Farm -- August 2011

• Bank Unhappy With Court-Approved Legal Fees in Claim Against Estate -- August 2011

• Equitable Division of the Assets: Can Ex-wife Strip Husband of the “Family Business”? -- August 2011

• Three Cases Involving Disgruntled Estate Beneficiaries -- July 2011

• Court Addresses Actions Taken By Agent Acting Under Power of Attorney -- July 2011

• Son Not Entitled to Management Fee for Handling Father’s Estate -- May 2011

• Attorneys’ Licenses Temporarily Suspended for Improper Use of Social Security Funds in Trust Account -- April 2011

• Intestacy and the Homestead Exemption -- March 2011

• Fiduciary Fees and Violations of the Probate Code -- March 2011

• Residual Beneficiaries Challenge Step-Father’s Actions Concerning Revocable Trust -- March 2011

• Procedural Matters In Will Challenge Case -- March 2011

• Form of Title Ownership Matters -- March 2011

• Right of First Refusal: Is it Freely Assignable in Iowa? -- February 2011

• Estate Case Involves Removal of Executor -- January 2011

• Divorce and the Family Farm: The Impact of Farming Losses on Child Support -- December 2010

• Request for Trust Accounting Denied -- December 2010

• Medicaid Estate Recovery -- December 2010

• Option to Purchase Under a Will Addressed -- December 2010

• Division of Farm Property in Divorce Case -- December 2010

• Fraudulent Conveyance at Issue in Divorce Case -- December 2010

• Testator’s Intent At Issue in Case Involving Potential Lapse of Specific Bequest -- November 2010

• Church’s Claims of Intentional Interference with Bequest Fails -- November 2010

• Surrender of Jointly Held Property? -- November 2010

• Family Feud Involves Administration of Family Trust and Farming Corporation -- November 2010

• Son Disputes Trial Court’s Order To Pay Debts Owing To Parent’s Estate -- November 2010

• Death-Time Transfers to Family Members Via Entities Are Taxable -- October 2010

• Proximate Causation At Issue in Slip and Fall Case -- August 2010

• Estate Not Reopened For Purchase of Farmland -- August 2010

• Court Says No Iowa Estate Tax on Life Insurance Proceeds That Aren’t Included in the Probate Estate – Update: Reversed on Appeal -- July 2010

• Standards For Trustee Removal Discussed -- July 2010

• Mutual Wills Result In Legal Battle -- July 2010

• Undue Influence Not Established -- July 2010

• The Iowa “Slayer Statute” Applied -- July 2010

• Court Divines Testator’s Intent Over Non-Probate Assets -- July 2010

• Family Battle Involves Issues of Testamentary Capacity and Undue Influence -- July 2010

• Procedural Matters At Issue In Will Contest Case -- June 2010

• Extraordinary Attorney Fees Not Awarded In Estate Case -- May 2010

• Ward Disputes Recommended Sale Of Stock From His Estate -- May 2010

• Court Upholds Head-Freezing Contract -- May 2010

• Sibling Rivalry Complicates Probate -- May 2010

• Farm Tenant/Executor Ordered to Pay Damages to Father’s Estate -- March 2010

• Cases Governing Guardianships, Conservatorships and Probate Estates -- March 2010

• Will Language, Testator’s Intent and Extraneous Circumstances -- March 2010

• Court Handles Division of Retirement Account Upon Divorce -- March 2010

• Will Provision Transfers Farmland to Trust – Not Subject to Control By Executor of Will -- March 2010

• No Attorney Malpractice in Will Drafting Case -- March 2010

• Daughter Unduly Influenced Dad’s Will – Loses Inheritance -- February 2010

• State’s Medicaid Lien Held Applicable to Trust Assets -- February 2010

• Disqualified Executor Sues His Mother’s Estate -- January 2010

• And Here We Go Again – Another Undue Influence Case -- January 2010

• Another Undue Influence Case -- January 2010

• Daughter Unduly Influenced Mother’s Will -- January 2010

• Archived Iowa Estate Planning Cases
  

 

Insurance

• No Misrepresentation By Insurance Company Concerning Policy Coverage -- May 2011

• Insurable Interest Retained After Transfer? -- November 2010

• Court Construes Language in Insurance Policy in Case Involving Death of Hogs -- March 2010

• Farmer Lacks Evidence To Challenge Insurance Payout -- January 2010

• Exclusionary Clauses In Insurance Policies – What Is The Proximate Cause of Loss? -- June 2009

• Loss of Cattle Covered Under Insurance Policy -- December 2008

• “Pollution Exclusion” clause in insurance policy bars coverage for death of employee at hog confinement facility -- March 2007

• Act of self-defense precludes insurance coverage -- March 2006
  

 

Real Estate

• When Land Changes Hands, the Court Must Determine Parties’ Rights -- April 2012

• Mechanic’s Liens - No Collection for “Incompletions” -- April 2012

• Offer to Sell Farm Unenforceable Against Heirs -- April 2012

• Despite Property Owner’s Stony Resolve, a Driveway Easement Remains -- February 2012

• Mechanic’s Lien Easy to Prove when Everyone Admits the Facts -- February 2012

• Boundary by Acquiescence Established by Written Fence Agreement -- January 2012

• Appeal Dismissed in Property Boundary Case -- October 2011

• Ownership of Disputed Strip of Land Established Via Acquiescence -- October 2011

• Liability For “Special Assessments” For Public Improvements -- September 2011

• Deed Reformation -- September 2011

• Various Issues Surrounding Sale of Estate Land -- August 2011

• Homestead Exempt From Execution – Debt Not An Antecedent Debt -- July 2011

• Is A Tax Sale Deed Valid Without Notice of Statutory Right of Redemption? -- July 2011

• Home Construction Contracts Involve “Consumer Merchandise” – Statutory Fraud Protections Applicable -- May 2011

• Equitable Title Never Became Legal Title -- March 2011

• Homestead Exemption Inapplicable in Mortgage Foreclosure Case -- March 2011

• Sherriff’s sale, Forcible Entry and Detainer, and Right of Redemption -- February 2011

• Yet Another Boundary By Acquiescence Case… -- February 2011

• Ag Access Easement Over Developed Lots Recognized -- January 2011

• Easement By Implication At Issue -- December 2010

• Ag Property Owner Challenges Significantly Disparate Valuations in Adjoining Counties -- December 2010

• Ownership of Disputed Strip of Land Established Via Acquiescence -- November 2010

• Taxpayer Appeals Assessed Value of Residential Lots -- November 2010

• Trial Court Rules That Realtors Fraudulently Induced Plaintiff to Terminate Real Estate Listing Contract -- November 2010

• Court Construes Easement Language -- September 2010

• Application of Non-Conforming Use Rule To Livestock -- August 2010

• Land Classified As Agricultural in Two Cases -- August 2010

• Do Purchase Money Mortgages Disregard Spouse’s Rights? -- July 2010

• House Sellers Fail To Disclose Defects -- July 2010

• Additional (and Contradictory) Farm Lease Provisions Construed -- July 2010

• Title Issues Flow From Transfer of Property to Partnership -- July 2010

• Farm Tenancy Properly Terminated -- July 2010

• Easement Abandoned – Adverse Possession Statute Applied -- May 2010

• Court Resolves Dispute Between Plumbing Company And Homeowner -- May 2010

• Court Enforces Settlement Agreement Concerning Defective Home Construction -- May 2010

• Court Considers Iowa’s Real Estate Disclosure Act and Seller’s Responsibilities -- May 2010

• Tax Sales, Treasurer’s Deeds and Coal Mining -- May 2010

• Farm Lease - Death of Landlord and Option to Purchase by Tenants -- March 2010

• Recovery of Attorney’s Fees for Defending Title to Property -- March 2010

• Farmers Appeal Distribution of Funds From Sheriff’s Sale -- March 2010

• Constitutionality of Subdivision Zoning Ordinance At Issue -- March 2010

• Fiduciary Duty of Real Estate Agent At Issue -- March 2010

• Seeking Fees and Costs in Condemnation Proceedings -- March 2010

• Lengthy Family Estate Dispute Ends After Court Reviews Family Settlement Agreement -- February 2010

• Driveway Easement Construed -- February 2010

• No Boundary By Acquiescence -- February 2010

• Quiet Title Action Involves Abandoned Railroad Line -- January 2010

• Supreme Court Vacates Appeals Court Decision Regarding Private Condemnation of Access Route -- January 2010

• Plaintiffs’ Hands Were Dirty, But Not From Farm Work; Barred From Bringing Suit -- January 2010

• Archived Iowa Real Estate Cases
  

 

Regulatory Law

• Dispute Over Connection to Rural Water Line -- March 2011

• Iowa Utilities Board Properly Denied Rate Comparison to Dairy Farmer -- February 2011

• Wastewater Storage Lagoon Subject to County Zoning -- November 2010

• Mortgage Company Negligent, But Not Deceitful In Failing To Transfer Truck Titles -- July 2010

• Another Development in Iowa Net Metering Dispute -- July 2010

• Noxious weed: “Organic Garden” Not Exempt From Mowing Ordinance? -- June 2010

• Court Decides Case Involving City’s Attempt To Rezone Agricultural Property -- October 2009

• Court Finds Defendant In Violation of Iowa Trapping Laws -- August 2009

• Archived Iowa Regulatory Law Cases

 

Secured Transactions

• Mechanic’s Lien Easy to Prove when Everyone Admits the Facts -- February 2012

• Nonpurchase-Money Mortgage Not Subject to Surviving Spouse’s Dower Interest -- January 2012

• The Iowa Ag Supply Dealer’s Lien -- December 2011

• Liens Usually Entitled to Superpriority Status - Usually -- June 2010

• Court Renders Latest Decision in Fraudulent Transfer Case -- November 2008

• Mechanic’s Lien Enforced -- January 2008

• Archived Secured Transactions Cases

 

Taxation

• Iowa Corporate Tax – It’s Not “Finger-Licking Good” -- April 2012

• Child Dependency Deduction At Issue in Divorce Case -- October 2011

• Ag Property Owner Challenges Significantly Disparate Valuations in Adjoining Counties -- December 2010

• Definition of “Manufacturing Equipment” Construed For Tax Purposes -- November 2010

• Death-Time Transfers to Family Members Via Entities Are Taxable -- October 2010

• Closely-Held Corporation Buy-Sell Agreements, Stock Valuation and Protection of Minority Shareholders -- July 2010

• Internet Access Charges Not Subject to Sales Tax -- August 2009

• Court Construes “Manufacturer” Exemption From Sales and Use Tax-Iowa -- October 2008

• Iowa Capital Gain Exclusion Inapplicable to Sale of Partnership Interest -- March 2008

• Property used in confinement hog operation not exempt from Iowa sales or consumer use tax -- September 2006

• Title transfer of property not a gift -- September 2006

 

Water Law

• No Violation of Drainage Law Landowner For Improvements That Changed Flow of Surface Water -- May 2011

• Drainage District Need Not Pay for Sink-Hole Repair Costs -- November 2010

• New Developments in Drainage Case -- November 2010

• Iowa Supremes Say That Court of Appeals Got It Wrong on State's Liability In Water Drainage Case -- September 2010

• Drainage Dispute Raises Numerous Issues - Iowa -- July 2009

• Farmland Not Part of Drainage District – Land Not Benefited -- December 2008

• Landowner Granted Injunctive Relief in Water Drainage Case – Iowa -- July 2008

• Drainage Project Was Repair, Not Improvement; Costs To Be Borne By All Landowners in District -- March 2008

• Farmer ordered to remove tile due to illegal drainage activities -- October 2006