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   State Courts - Iowa - September 8 - September 15, 2006

  
Kolarik v. Cory Int'l Corp., No. 60 / 04-1647, SUPREME COURT OF IOWA, September 8, 2006, Filed
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Overview: Court erred in granting summary judgment to olive importers and wholesalers in consumer's product liability suit as genuine issue of material fact existed regarding claim importers and wholesalers were negligent in not warning against possible presence of pits or fragments in jar of olives, but court properly granted summary judgment on UCC claims.

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State Pub. Defender v. Iowa Dist. Court, No. 64 / 04-0981, SUPREME COURT OF IOWA, September 8, 2006, Filed
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Overview: Court sustained writ of certiorari reviewing an order directing the state public defender to pay fees of attorneys appointed as guardians ad litem for parents in child-in-need-of-assistance and termination-of-parental-rights cases; amendments to Iowa Code §§ 232.141(3)(c) and 815.7 eliminated public defender's obligation to pay guardians ad litem.

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Iowa Ag Constr. Co. v. Iowa Bd. of Tax Review, No. 72 / 04-1836, SUPREME COURT OF IOWA, September 15, 2006, Filed
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Overview: Affirmation of Board of Tax Review's assessment of taxpayers' hog confinement buildings was proper as nursery flooring, concrete slats, exhaust fans, curtains, curtain controllers, curtain machines, washers, dryers, refrigerators, and mowers were not exempt from Iowa sales/use tax under former Iowa Code § 422.45 (26), (39).

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State v. Majeres, No. 88 / 05-0290, SUPREME COURT OF IOWA, September 15, 2006, Filed
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Overview: Because appellee's written guilty plea in a prior proceeding met the requirements of the Sixth Amendment and Iowa Const. art. I, § 10, court affirmed the decision of the court of appeals holding that appellee's prior uncounseled guilty plea could be used to enhance the current operating while intoxicated offense charged against her.

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Yates v. Iowa W. Racing Ass'n, No. 57 / 04-0434, SUPREME COURT OF IOWA, September 15, 2006, Filed
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Overview: In dog kennel owners' negligence and defamation action against a racing association and a race track, the trial court erred in overruling association's and the race track's motion for directed verdict as the owners failed to produce sufficient evidence of their slander and negligence claims for submission of those claims to the jury.

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