MANSFIELD, Justice. I. Introduction. This case requires us to decide whether a financial advisor to an individual can be sued by identified beneficiaries of the individual's signed written estate plan when, due to the advisor's allegedly negligent performance of his duties, those beneficiaries do not receive what they were supposed to get under the plan. We conclude the rationale of Schreiner v. Scoville, 410 N.W.2d 679 , 682 (Iowa 1987), which held that attorneys could be sued in these...
WIGGINS, Justice. We are reviewing the district court's decision holding a lender did not meet its burden to prove a breach of contract on a loan agreement and promissory note, and even if the lender did prove a breach, it did not prove its damages. The lender appealed and we transferred the case to our court of appeals. The court of appeals affirmed the district court's decision, and the lender requested further review, which we granted. On further review, we hold that the record establishes...
APPEL, Justice. William Burkhalter challenged an unfavorable modification of his father's revocable trust that occurred just prior to his father's death. William claimed his brother, Steven Burkhalter, unduly influenced their father and tortiously interfered with the trust. William also alleged his father lacked the necessary testamentary intent when he made the modification. At trial, the district court directed a verdict for Steven on the tortious interference claim, and the jury returned a...
ZAGER, Justice. In this appeal, we are asked to interpret Iowa Code section 654A.6(1) (2009) when a farm creditor, after being sued regarding the validity of its mortgages, brought a counterclaim to foreclose the mortgages without first obtaining a mediation release. Larry and Elaine Schaefer filed suit against their sons, their former attorney, Dale Putnam, a limited liability company, SMP, L.L.C. (SMP), and others. SMP, without first seeking mediation, counter-claimed to foreclose on a...
HECHT, Justice. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged Robert Wright Jr. with violations of the Iowa Rules of Professional Conduct based on Wright's conduct in persuading several of his clients to loan money to another client. A division of the Grievance Commission of the Supreme Court of Iowa found Wright's actions violated several ethical rules and recommended a suspension of his license to practice law. Wright has appealed from the commission's recommendation....
APPEL, Justice. In this case, we consider whether the Iowa Department of Natural Resources (DNR) can revoke resident hunting licenses previously granted to Joseph Democko, Donald Jones, and James Samis on the basis they do not qualify as residents under Iowa Code chapter 483A. On judicial review, Democko, Jones, and Samis claim that the agency's decision was not supported by substantial evidence and, in the alternative, that Iowa Code section 483A.24, which grants certain hunting privileges to...
WATERMAN, Justice. Marc R. Engelmann, an experienced real estate attorney, is serving a three-year sentence in federal prison after a jury convicted him on nine felony counts, alleging bank fraud, wire fraud, and conspiracy. His convictions were affirmed on appeal. He represented a seller in nine real estate transactions in which he submitted HUD-1 statements that falsely overstated the sales prices in order to secure inflated mortgage loans. The jury found he "act[ed] knowingly and with...
APPEL, Justice. We are called upon to consider whether a witness testifying before the Grievance Commission of the Supreme Court of Iowa is entitled to the presence of counsel. In this case, the commission president entered an order which, among other things, quashed the appearance of an attorney for a witness before the commission. We conclude a person called upon to be a witness before our grievance commission may be represented by counsel for the limited purpose of protecting rights...
WATERMAN, Justice. This legal malpractice action presents three questions of first impression. In Hook v. Lippolt, we held the defendants in plaintiff Pamela Hook's personal injury action—the State of Iowa and a volunteer driver for the Iowa Department of Human Services—were entitled to summary judgment under the statute of limitations and volunteer-immunity provisions of the Iowa Tort Claims Act, respectively. 755 N.W.2d 514 , 517 (Iowa 2008). Hook then brought this malpractice action...
WIGGINS, Justice. A federal court certified two questions to this court pursuant to Iowa Code section 684A (2013). The questions certified are as follows: 1. If a party receives a copy of an executed contract with that party's signature thereon, even where it is not known who applied the party's signature to the contract or whether the signature was authorized, and the party (a) does not challenge the signature or otherwise object to the contract, and (b) accepts benefits and obligations...
WIGGINS, Justice. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, Brian Jesse Nelson, alleging violations of the Iowa Rules of Professional Conduct, Iowa Court Rules, and Attorney Disciplinary Board Rules of Procedure. A division of the Grievance Commission of the Supreme Court of Iowa found Nelson's conduct violated numerous provisions of the rules, recommended we defer a two- to six-week suspension of Nelson's license to practice law until the...
MANSFIELD, Justice. While attending North Liberty Fun Days in 2007, the plaintiff alleges he was wrongfully assaulted and arrested by officers of the North Liberty Police Department and deputies of the Johnson County Sheriff's Office. He filed suit against the City of North Liberty, Johnson County, and the officers and deputies involved. The district court dismissed his case, finding the defendants were entitled to immunity based on Iowa Code chapter 669. The district court reasoned that the...
ZAGER, Justice. Phillip E. Jones, dean of students and vice president of student services at the University of Iowa, was terminated from his employment by University of Iowa President Sally Mason. This employment decision was based partially on a report from the Stolar Partnership (Stolar), a law firm retained by the Board of Regents for the State of Iowa (Regents), to investigate the University's response to a sexual assault of a student-athlete by other student athletes. Jones sued the...
WIGGINS, Justice. In this appeal, we must decide if an internal complaint by an employee against an assisted living facility concerning forged training documents, which the state mandates, gives rise to a wrongful-termination action. The district court determined a wrongful-termination suit lies and submitted the case to the jury. The jury returned a verdict against the assisted living facility for actual and punitive damages. The facility appealed. We transferred the case to the court of...
CADY, Chief Justice. In this appeal from a judgment entered for the plaintiffs in a legal malpractice action, we must determine if the district court erred in concluding the plaintiffs failed to state a claim for emotional distress and punitive damages as a matter of law. On our review, we affirm the decision of the court of appeals, reverse the decision of the district court, and remand for a new trial on damages. I. Background Facts and Prior Proceedings. Klever Miranda and Nancy...
MANSFIELD, Justice. 1 Can a male employer terminate a long-time female employee because the employer's wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer and the employee This is the question we are required to answer today. For the reasons stated herein, we ultimately conclude the conduct does not amount to unlawful sex discrimination in violation of the Iowa Civil Rights Act. We emphasize the limits of our decision. The employee...
HECHT, Justice. The mother of a special education student sued the student's school district for damages the student sustained in an after-hours, off-campus sexual assault by another student. A jury found the school district negligent in failing to adequately supervise the special education student and awarded damages. We affirm the jury verdict. I. Factual and Procedural Background. In the fall of 2007, fourteen-year-old D.E. was a ninth-grade special education student at Cedar Rapids...
CADY, Chief Justice. In this appeal, we must decide whether the Iowa Civil Rights Act (ICRA) permits a district court to award punitive damages. The district court held an award of punitive damages is not permitted under the ICRA. On our review, we affirm the decision of the district court and remand for further proceedings. I. Background Facts and Proceedings. Tammie Ackelson, Robin Drake, and Heather Miller were employees of Manley Toy Direct and Toy Network, both limited liability...
APPEL, Justice. In this case, we must consider whether remainder beneficiaries may enforce the terms of a spendthrift trust against the trustee when the remainder beneficiaries previously purported to convey what was at the time a future interest in real estate held by the trust. For the reasons expressed below, we hold that the applicable statute of limitations bars the remainder beneficiaries from enforcing the terms of the spendthrift clause of the decedent's will. As a result, we vacate...
HECHT, Justice. A minority shareholder of a family farm corporation sued the corporation and its majority shareholder, who served as a director and officer of the corporation. The minority shareholder alleged illegal, oppressive, malicious, and fraudulent acts by the majority shareholder had resulted in waste of the corporation's assets and constituted a breach of fiduciary duty. The minority shareholder requested dissolution of the corporation or payment of the fair value of his ownership...
