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| Aneweer v. State, No. 5-701 / 03-2038,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Court did not err in denying defendant postconviction relief on claim of, inter alia, counsel's ineffective assistance in failing to confront and attack credibility of 8 year-old sexual abuse victim; through counsel's experience with child sexual abuse cases, he was well aware of the risk a strenuous impeachment attempt might have had on the jury.
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| Borlaug v. City of Cedar Falls, No. 5-882 / 05-0847,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: A city and county were granted summary judgment in a homeowner's lawsuit seeking to hold them liable for enforcing a temporary no-contact order entered in a criminal domestic assault case that allegedly resulted in a taking because neither the city's nor the county's actions constituted a taking.
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| Calvert v. Am. Family Ins. Group, No. 5-828 / 04-1074,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Summary judgment in favor of the insurer on the insured's claim for bad faith failure to pay medical benefits was affirmed because until the insurer had an opportunity to review the medical records, the insurer had a reasonable basis for delaying payment of the dental expenses.
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| City of Des Moines v. Empl. Appeal Bd., No. 5-844 / 04-1763,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Iowa Labor Commissioner's use of federal compliance directive and Occupational Safety and Health Administration interpretation in deciding to apply general industry standards, rather than construction standards, when issuing citations to city was abuse of discretion because federal standards were not publicized pursuant to Iowa Code § 17A.3 (2003).
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| Des Moines Area Ass'n of Realtors, Inc. v. U.S. Recognition, Inc., No. 5-843 / 04-1701,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: In a breach of contract action, corporation, which had agreed to sell software to realtors, admittedly breached contract, but it argued that substantial evidence did not support arbitrator's award. District court erred in vacating award because realtors were entitled to cover, and cost arbitrator used to calculate cover was supported.
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| Duclos v. Opportunity Vill., No. 5-955 / 05-0245,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Substantial evidence, pursuant to Iowa Code § 17A.19(10)(f), supported the denial of permanency benefits to a claimant where two doctors failed to connect the claimant's surgery to a back injury sustained at work and a third doctor, while testifying it was probable or possible it was connected, did not absolutely rule out other causes.
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| Frank v. Cother, No. 5-812 / 05-0405,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Record clearly demonstrated a substantial change in circumstances necessitating a modification of the physical care arrangement because the parties did not live in the same community, and the child's upcoming school attendance clearly rendered the weekly alternating physical care schedule impractical.
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| Henry v. State, No. 5-565 / 04-1433,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Summary dismissal of the application for postconviction relief was affirmed because the applicant failed to provide, in either his postconviction relief application or his resistance to the State's motion of summary dismissal, any support for his assertions of claims of ineffective assistance counsel.
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| Hopkins v. Marold-Hopkins, No. 5-914 / 05-0339,
COURT OF APPEALS OF IOWA, January 19, 2006, Filed
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Overview: Because a district court did not make an express finding that a wife had committed domestic abuse on her husband, it was error to grant the husband exclusive possession of the parties' residence pursuant to Iowa Code § 236.5.
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