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| Eggiman v. Self-Insured Servs. Co., No. 70 / 05-0246,
SUPREME COURT OF IOWA, July 28, 2006, Filed
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Overview: In a case filed under ERISA, summary judgment was improperly granted to an employer and a claim processor for a health insurance plan because there was evidence supporting an insured's claim that the processor was a fiduciary under 29 U.S.C.S. § 1002(21)(A) based on its discretionary authority over claims.
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| Iowa Supreme Court Atty. Disciplinary Bd. v. Frerichs, No. 62 / 06-0003,
SUPREME COURT OF IOWA, July 28, 2006, Filed
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Overview: Attorney's license to practice law in the State of Iowa was suspended indefinitely with no possibility of reinstatement for three months, because attorney's conduct consisted of neglecting a client's legal matter, making a misrepresentation to a court, and failing to respond to the Iowa Supreme Court Attorney Disciplinary Board.
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| State v. Musser, No. 38 / 04-0810,
SUPREME COURT OF IOWA, August 4, 2006, Filed
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Overview: Appellate court affirmed defendant's conviction for criminal transmission of human immunodeficiency virus (HIV) in violation of Iowa Code § 709C.1(1)(a) as the jury could have found, based on the victim's testimony, that she did not know, prior to engaging in sexual intercourse with the defendant, that he was HIV positive.
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| State v. Musser, No. 33 / 04-0809,
SUPREME COURT OF IOWA, August 4, 2006, Filed
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Overview: Iowa Code § 709C.1 did not unconstitutionally infringe on defendant's First Amendment free-speech rights because it promoted a compelling state interest, namely to protect public health, and it was narrowly tailored to promote that compelling interest; therefore, defendant's conviction was affirmed.
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| State v. Musser, No. 34 / 04-0719,
SUPREME COURT OF IOWA, August 4, 2006, Filed
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Overview: Conviction of criminal transmission of human immunodeficiency virus in violation of Iowa Code § 709C.1(1)(a), was affirmed because the jury could have found, based on the victim's testimony, that defendant did not use a condom when engaging in sexual intercourse with the victim, thereby exposing her to infectious bodily fluid.
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| State v. Stevens, No. 51 / 04-2066,
SUPREME COURT OF IOWA, August 4, 2006, Filed
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Overview: Conviction of criminal transmission of HIV under Iowa Code § 709C.1, was affirmed because the State produced substantial evidence to support a finding of intentional exposure of the body of one person to a bodily fluid of another person, as it was common knowledge that oral sex was a manner of transmission of HIV.
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