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   State Courts - Iowa - February 23, 2007

  
Bituminous Cas. Corp. v. Sand Livestock Sys., No. 135 / 05-1063, SUPREME COURT OF IOWA, February 23, 2007, Filed
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Overview: Carbon monoxide was "pollutant" as defined by insurance policies' exclusions; exclusions made no distinction between "traditional environmental pollution" and injuries arising from normal business operations and exclusions' plain language encompassed death of hog confinement facility employee from carbon monoxide released from propane power washer.

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Fennelly v. A 1 Mach. & Tool Co., No. 71 / 05-1052, SUPREME COURT OF IOWA, February 23, 2007, Filed
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Overview: Summary judgment granted to a taxpayer in a dispute over the collection of delinquent real property taxes was reversed because it was based on a statute of limitations judgment that was ultimately reversed on appeal. Also, the issue of claim preclusion was not heard because of the reversal of the first judgment in the case.

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Iowa Supreme Court Atty. Disciplinary Bd. v. Borth, No. 117 / 06-1017, SUPREME COURT OF IOWA, February 23, 2007, Filed
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Overview: Assistant county attorney violated Iowa Code Prof. Resp. DR 8-101(B), 7-103(A), 1-102(A)(5), and Iowa R. Prof'l Conduct 32:8.4(d) for, inter alia, representing his father in criminal case but, as attorney was unquestionably fit to practice law and there was no need to protect the public from further harm at his hands, he was publicly reprimanded.

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Iowa Supreme Court Atty. Disciplinary Bd. v. Joy, No. 10 / 06-1760, SUPREME COURT OF IOWA, February 23, 2007, Filed
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Overview: The suspension of an attorney's license to practice law indefinitely with no possibility of reinstatement for 18 months was appropriate because he engaged in a persistent pattern of delinquencies, missed deadlines, and evasive and misleading statements in violation of Iowa Code Prof. Resp. DR 6-101(A)(3) and 7-101(A)(3).

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State v. Muhlenbruch, No. 06 / 05-2028, SUPREME COURT OF IOWA, February 23, 2007, Filed
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Overview: A trial judge correctly ruled that defendant could be charged with only one offense under Iowa Code § 728.12(3) (2003) where he possessed only one computer containing depictions of prohibited sexual acts by minors; under the statute, the unit of prosecution was possession of a computer or other visual or print medium.

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