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   State Courts - Iowa - February 28, 2007

  
AAA Elec., L.C. v. Agriprocessors, Inc., No. 7-061 / 06-0317, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: An appellate court declined to consider defendant's claim that plaintiff falsely charged interest on an open account and failed to disclose the interest rate where a trial court had already awarded summary judgment to plaintiff on its open account claim and the order awarding summary judgment to plaintiff had been upheld on appeal.

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Askvig v. State, IOWA No. 6-925 / 06-0370, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Judgment was properly awarded to State of Iowa in estate administrator's wrongful death suit, brought after decedent struck railroad car, because while administrator might be able to prove that absence of flashing light and rumble strips before railroad crossing satisfied "causation in fact" standard, she could not satisfy legal causation standard.

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Baker v. City of Iowa City, No. 6-1008 / 05-1833, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Dismissal of a landlord's civil action against a city and human rights commission as moot was affirmed, because the landlord's entire lawsuit was premised on a discrimination complaint filed with the commission, and with the dismissal of the discrimination complaint, the controversy that precipitated the landlord's lawsuit was eliminated.

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Bjorklund Law Firm, LLC v. Iowa Workforce Dev. , No. 6-1003 / 05-0898, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Decision by the Iowa Department of Workforce Development that a law firm's response to an unemployment compensation claim was untimely was affirmed, because there was substantial evidence to support the Department's fact finding that the employer did not effect a protest until after the ten-day period had expired.

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Carrillo v. State, No. 6-959 / 06-0446, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: In denying applicant's application for postconviction relief based on defense counsel's failure to strike a juror, the district court properly gave more credence to prosecutor's testimony than to his own testimony. Unlike the applicant, the prosecutor recalled details of voir dire.

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Countrywide Home Loans, Inc. v. All of the Unknown Claimants, No. 6-1030 / 06-0357, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Appellate court ruled that buyer had sufficient interest in property and mortgage foreclosure proceedings that it should be permitted to intervene; buyer claimed its interest (purchaser at sheriff's foreclosure sale) in the property could be injuriously affected because there had not been sufficient notice of the proceedings or the sheriff's sale.

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Crawley v. State, No. 7-021 / 05-1702, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Postconviction relief was properly denied in forgery and habitual offender case because counsel was not ineffective, as appellate court was unable to find any evidence to support finding that applicant suffered any prejudice; applicant's trial attorney conferred with him and gave him input on the selection of trial tactics and theory of defense.

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Crisman v. Eckert, No. 6-1002 / 04-1838, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Where a former employee was allowed to return to work if he complied with the terms of a stipulated order, contract interpretation rules applied. Under the doctrine of acquiescence, the employee was unable to challenge the employer's requirement of a drug test to determine if he was "fit for duty" under the order since he agreed to submit to such.

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Current v. Deglopper, No. 6-1081 / 06-0866, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Order granting a claimant a new trial was affirmed because the claimant incurred medical expenses for her treatment resulting from an automobile accident, yet she was awarded no damages despite defendants' admission of liability.

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Daoud v. Iowa Dep't of Human Servs., No. 6-1023 / 06-0238, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Iowa Department of Human Service provided transitional child care benefits to the father's family as long as he made monthly co-payments under Iowa Admin. Code r. 441-49.28. Trial court properly found that the father was not entitled to continued benefits because he failed to make satisfactory arrangements to pay his past-due monthly co-payments.

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