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   State Courts - Iowa - April 13 - April 20, 2007

  
Ayers v. D & N Fence Co., No. 27 / 05-1400, SUPREME COURT OF IOWA, April 13, 2007, Filed
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Overview: Where a claimant sought workers' compensation after a 2002 knee injury that was followed by knee replacement surgery, the commissioner properly found that the surgery stemmed from a surgery following a 1987 injury and imposed added liability for the 1987 injury; that the employer did not anticipate such result from its arguments was of no matter.

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Iowa Supreme Court Atty. Disciplinary Bd. v. Dunahoo, No. 20 / 06-1754, SUPREME COURT OF IOWA, April 13, 2007, Filed
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Overview: Attorney received a public reprimand for failing to render an account to a client in violation of Iowa Code Prof. Resp. DR 9-102(B)(3), neglecting an estate matter in violation of Iowa Code Prof. Resp. DR 6-101(A)(3), and violated Iowa Code Prof. Resp. DR 1-102(A)(1) by adversely reflecting on the fitness to practice law.

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Walderbach v. Archdiocese of Dubuque, Inc., No. 132 / 05-0793, SUPREME COURT OF IOWA, April 13, 2007, Filed
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Overview: Summary judgment in favor of an archdiocese was affirmed because the evidence failed to generate a genuine issue of fact to establish an employer/employee relationship between the archdiocese and an assistant pastor, and a claimant failed to generate a genuine issue of fact to establish that the archdiocese knew of any alleged abuse.

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Alliant Energy-Interstate Power & Light Co. v. Duckett, No. 116 / 04-1986, SUPREME COURT OF IOWA, April 20, 2007, Filed
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Overview: District court erred in construing indemnity clause in tariff to apply regardless of whether negligence of utility or customer caused gas explosion because tariff was ambiguous. Appellate court construed tariff against utility to apply only when customer was at fault and utility was not at fault. Additional findings regarding fault were required.

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Iowa Supreme Court Atty. Disciplinary Bd. v. Thompson, No. 40 / 06-2046, SUPREME COURT OF IOWA, April 20, 2007, Filed
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Overview: Supreme court suspended a lawyer, who forged a court document, from practice of law for an indefinite period of time, with no possibility of reinstatement for nine months, because lawyer's conduct violated Iowa Code Prof. Resp. DR 1-102(A)(1), (4), (5), and (6); with respect to discipline, two aggravating factors and one mitigating factor applied.

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State v. Carter, No. 90 / 04-1271, SUPREME COURT OF IOWA, April 20, 2007, Filed
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Overview: Because administrative warrant to search defendant's home, obtained by Iowa Department of Revenue and Finance under Iowa Code § 453B.9, did not satisfy statutory requirements of Iowa Code § 808.14 or constitutional standards of U.S. Const. amend. IV or Iowa Const. art. I, § 8, fruits of search had to be suppressed. New trial was ordered on remand.

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