WATERMAN, Justice. We are asked to interpret an Iowa statute enacted in the depths of the 1980s farm crisis to help debt-laden farmers buy livestock feed on credit to continue operations. Our answer is sought to resolve a dispute between two creditors in a bankruptcy proceeding with competing liens on the same hogs. A hog producer with outstanding loans to Primebank went deeper into debt by purchasing feed on credit from Oyens Feed & Supply to fatten the hogs to market weight. We answer a...
CADY, Chief Justice. In this case, we consider whether the placement of a wireless surveillance camera in a workplace bathroom satisfies the element of intrusion for a cause of action alleging invasion of privacy. The district court granted summary judgment in favor of the defendant, and the court of appeals reversed. On our review, we affirm the decision of the court of appeals, reverse the decision of the district court, and remand for further proceedings. I. Background Facts and...
CADY, Chief Justice. In this appeal, we must decide whether surveillance equipment secretly installed in a bathroom can support a claim for invasion of privacy when the equipment could not be operated after it was discovered to produce identifiable images. The district court determined evidence of an actual, rather than attempted, intrusion was required and granted summary judgment for the defendant after concluding the evidence was insufficient to sustain the plaintiff's claim. The court of...
APPEL, Justice. In this workers' compensation case, we consider whether the court of appeals properly applied the "substantial evidence" test under Iowa Code section 17A.19(10)( f ) (2009) when it reversed an award of benefits in an appeal of a decision of the workers' compensation commission. Based on our review of the record, we conclude substantial evidence supports the commissioner's findings. As a result, we vacate the decision of the court of appeals and affirm the judgment of the...
WIGGINS, Justice. In this appeal, the parties to a contract contend the district court erred when it granted the opposing parties' motion for summary judgment by finding the opposing parties repudiated the contract and claim preclusion barred the bringing of this action. We transferred the case to the court of appeals. The court of appeals affirmed the district court's ruling. We then granted further review. On further review, we find the district court was correct in dismissing the action....
WATERMAN, Justice. "Sunlight is said to be the best of disinfectants." Justice Louis Brandeis, What Publicity Can Do, Harper's Weekly, Dec. 20, 1913. This concept animates state and federal laws allowing public scrutiny of government records—shining the light of day on the actions of our public officials deters misconduct that thrives in darkness. But open records laws are complex, replete with valid exceptions, and subject to abuse by serial requesters. Citizens and public officials...
MANSFIELD, Justice. This dispute between a homeowner and a contractor presents the not uncommon scenario where a trial exhibit offered by a party turns out to be something other than the party claimed it to be. Here, the opposing party recognized the flaws in the exhibit before the case was submitted to the jury, but instead of alerting the court, decided to argue those flaws to the jury during the rebuttal stage of closing argument. After the jury returned verdicts, the opposing party moved...
WIGGINS, Justice. A bank attempted to prove an accounting negligence claim by using an expert witness to testify regarding the accountant's audit of a company. The district court refused to allow the expert to testify as to generally accepted Certified Public Accountant (CPA) auditing standards, whether the accountant breached those standards, and causation. The district court left open the question of whether the expert could testify as to the accountant's work papers. At trial, the bank made...
WIGGINS, Justice. An executor brought a cause of action against a bank for failing to obtain court approval for investments it made on behalf of the deceased when the deceased was under conservatorship and the bank acted as conservator. The district court dismissed the executor's claim. On appeal, our court of appeals affirmed the judgment of the district court. On further review, we affirm the decision of the court of appeals and the district court because the conservator's failure to seek...
CADY, Chief Justice. In this appeal, we must primarily decide whether a city council's decision to make public improvements within a subdivision renders the city unable to assess the costs of the improvements to landowners when a city ordinance provides for the improvements to be made by the subdivider. 1 The district court determined the city failed to enforce a subdivision ordinance requiring the subdivider to pay for street improvements, but concluded the plaintiffs failed to state a claim...
WIGGINS, Justice. While an inmate at the Clarinda Correctional Facility (CCF), the plaintiff, Kevin Walker, was assaulted by another inmate and seriously injured. Walker brought a tort claim against the State, a correctional officer, and two activity specialists, claiming they negligently failed to ensure his safety. The State sought summary judgment based upon the discretionary function and intentional tort exceptions under Iowa Code section 669.14 (2005). The district court denied the State'...
MANSFIELD, Justice. The Iowa Judicial Branch, the Iowa State Court Administrator, and the Polk County Clerk of Court (collectively referred to as "the Judicial Branch") and the Department of Public Safety, Division of Criminal Investigation (referred to as "DPS") challenge through original certiorari proceedings the legality of a district court order requiring the removal of information relating to a dismissed criminal case from their respective computer systems. With respect to the Judicial...
MANSFIELD, Justice. It not uncommonly happens, that there are two statutes existing at one time, clashing in whole or in part with each other, and neither of them containing any repealing clause or expression. In such a case, it is the province of the courts to liquidate and fix their meaning and operation. The Federalist No. 78 (Alexander Hamilton). In this proceeding, we are asked to determine whether either Iowa Code section 692.17 (Supp.2009) 1 or the Iowa Constitution requires the...
MANSFIELD, Justice. A dishonest employee of a trucking company put money in his pocket while claiming to be buying fuel for his fellow employees. This fraud was perpetrated at a truck stop, where the employee used his company credit card to obtain cash while reporting purchases of fuel. The truck stop paid out the cash, accepting the employee's bogus explanation that the money was for other employees' fuel purchases, and was reimbursed pursuant to its contract with the card issuer. The card...
WATERMAN, Justice. Iowa has a strong public policy favoring settlements. This appeal decides the enforceability of a "Release of All Claims" that plaintiff, Mark Peak, signed on the advice of his attorney. Peak broke his leg while helping defendants, Ellis and Rachel Adams, move furniture using a rented U-Haul truck. The liability insurer for U-Haul paid its policy limits of $20,000 to Peak and his attorney in exchange for a release that specifically named Ellis and arguably covered Rachel....
WIGGINS, Justice. A district court jury determined the owners and operators of a casino breached a management agreement and awarded damages to the prospective management team. The owners and operators appealed the verdict. We transferred the case to the court of appeals. The court of appeals reversed the judgment of the district court. On further review, we find the district court did not commit any error in the trial of the matter. Accordingly, we vacate the decision of the court of appeals...
WATERMAN, Justice. Elizabeth Von Linden, a successful business executive, took her own life three weeks after she was discharged as an inpatient from defendant Mercy Hospital's psychiatric ward and six days after her outpatient office visit with Mercy's psychiatrist. Her husband brought a wrongful death action against Mercy, alleging negligent care. Mercy raised defenses, including Von Linden's comparative negligence. The trial court allowed the jury to decide their negligence. The jury found...
HECHT, Justice. Several property owners sued the city of Indianola challenging the special assessments levied for paving a gravel road abutting their property and installing a sidewalk. The district court found the property owners had been assessed in excess of the special benefits received from the project and reduced the assessments. The city appealed. We affirm in part, reverse in part, and remand for further proceedings. I. Factual and Procedural Background. Plaintiffs own residential...
APPEL, Justice. The appellant, Daniel King, requests further review of the court of appeals' decision affirming his denial of postconviction relief. King argues his trial counsel was ineffective in not properly attacking DNA evidence offered by the State at trial. Upon our review of the record, we conclude that King has failed to show a reasonable probability that the verdict would have been different had trial counsel more adequately developed a response to the State's evidence. As a result,...
HECHT, Justice. After being charged with operating while intoxicated (OWI) in violation of Iowa Code section 321J.2 (2009), 1 the defendant moved to suppress the results of his breath test. The district court granted his motion, concluding the advisory given by a police officer was misleading and therefore violated section 321J.8, rendered the defendant's consent to the test involuntary, and violated the defendant's substantive due process rights. The State was granted discretionary review,...
