Iowa Estoppel Law
 

Donald Clark v. State of Iowa


A criminal defendant who successfully overturns his conviction based on ineffective assistance of counsel may bring a legal malpractice action against his former attorney. Can he then use that successful action to stop his former attorney from claiming he did not breach any duties in the subsequent malpractice action? That question turns on application of the doctrine of issue preclusion, whi... More...
   $0 (02-26-2021 - IA)

TROY DANIEL DOWELL vs. STATE OF IOWA

Troy Daniel Dowell - Registered Sex Offender

We have previously summarized the relevant facts and circumstances of
the underlying offense and early proceedings:
Dowell, who has three children, was convicted of several crimes, including neglect of a dependent. The district court entered a sentencing no-contact order restraining Dowell from having any contact with his children. The order was to remain in effect until July 15, 2013... More...
   $0 (07-08-2018 - IA)

Cheri Dahlin v. Lyondell Chemical Company

Southern District of Iowa - Federal Courthouse - Des Moines, Davenport & Council Bluffs

Cheri Dahlin sued Lyondell Chemical Company, Equistar Chemicals, LP, and
Equistar GP, LLC (collectively “Lyondell”). A jury returned a verdict for Dahlin.
Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands.

I.

Between 1990 and 1995, Dean B. Dahlin worked for two companies as a
commercial truck driver. For both, he loaded his truck with benzene-... More...
   $0 (01-28-2018 - IA)

JOHN ARNZEN vs. STATE OF IOWA

Sex Offender

This is the fourth time John Arnzen has filed an appeal arising out of or
related to his convictions for indecent contact with a child. In the first appeal, we
reversed the dismissal of Arnzen’s application for postconviction relief,
concluding he had been denied the opportunity to be heard and had received
ineffective assistance of postconviction counsel. State v. Arnzen (Ar... More...
   $0 (06-15-2017 - IA)

  STATE OF IOWA vs. PATRICK JOHN LETSCHER

On August 28, 2013, the Forest City Police Department took Patrick Letscher and another person into custody and filed a complaint accusing them of stealing a pickup truck. A magistrate set bail at $2000, cash only. Two days later, Letscher posted the bail with the clerk of court. He also signed a form entitled, “APPEARANCE BOND - WAIVER OF ARRAIGNMENT – AUTHORIZATION OF PLEAS OF GUILTY,” ostens... More...    $0 (12-31-2016 - IA)

  VIRGIL JOHNSON and VIRGIL JOHNSON TRUCKING vs. ASSOCIATED MILK PRODUCERS, INC.

The record establishes the following facts as undisputed. On September 1, 2000, Associated Milk Producers, Inc. (AMPI) entered into an oral agreement with Virgil Johnson, the sole proprietor of Virgil Johnson Trucking. AMPI is a cooperative of dairy farmers that receives milk produced by its members, processes the milk into butter and cheese, and sells the dairy products. AMPI contracts with in... More...    $0 (10-19-2016 - IA)

DIONE LAMAR GRIGGS vs. STATE OF IOWA

Griggs’s 2005 conviction for robbery in the first degree was affirmed by
this court in 2006. See State v Griggs, 05-1659, 2006 WL 3018234, at *1 (Iowa
Ct. App. Oct. 25, 2006). His second application for postconviction relief (PCR),1
filed on February 7, 2008, came on for hearing and was denied by the district
court on November 14, 2011. The ruling was affirmed by this court.... More...
   $0 (05-13-2016 - IA)

STATE OF IOWA vs. DEMETRIUS S. RIMMER vs. RONA MURPHY vs. MELONICKA THOMAS

The trial information and minutes of testimony allege these facts, which we accept as true for purposes of this appeal.1 The defendants, Demetrius Rimmer, Rona Murphy, and Melonicka Thomas, participated in an insurance fraud ring that staged car accidents in Chicago, Illinois. Murphy and Thomas are Illinois residents, and their vehicles were registered in Illinois. Rimmer is a Milwaukee, Wiscon... More...    $0 (03-25-2016 - IA)

EURIC FOUNTAIN vs. STATE OF IOWA

Euric Fountain was convicted of first-degree murder in 1988. In July 2012
he filed this application for postconviction relief (PCR), his sixth application.
Fountain alleged the trial information in his criminal case was defective, the jury
instructions were erroneous, and the criminal court lacked subject matter
jurisdiction. Fountain further claimed he was unaware of these ... More...
   $0 (02-24-2016 - IA)

STATE OF IOWA vs. OMAR PINTO SANCHEZ

Omar Pinto Sanchez appeals his judgment and sentence for conspiracy to
deliver a controlled substance (methamphetamine). He (1) challenges the
sufficiency of the evidence supporting the jury’s finding of guilt, (2) contends the
conviction was obtained in violation of double jeopardy principles, and (3) argues
the jury should have been instructed that an acquittal need not be u... More...
   $0 (02-10-2016 - IA)

STATE OF IOWA vs. RONNIE EARL HARRINGTON

Omar Pinto Sanchez appeals his judgment and sentence for conspiracy to
deliver a controlled substance (methamphetamine). He (1) challenges the
sufficiency of the evidence supporting the jury’s finding of guilt, (2) contends the
conviction was obtained in violation of double jeopardy principles, and (3) argues
the jury should have been instructed that an acquittal need not be u... More...
   $0 (02-10-2016 - IA)

MENARD, INC. and PRAETORIAN INSURANCE COMPANY vs. DALE SIMMER

In July 2003, Menards employed Simmer as a sales clerk and promoted
him to assistant manager and then to manager of his department. In his
positions at Menards, Simmer was often required to carry goods throughout the
store and to customers’ cars in the parking lot. He carried appliances, rolls of
carpet, buckets of paint, and other items. These loads sometimes reached up to ... More...
   $0 (08-19-2015 - IA)

Rickie Allen Suiter and Darlene Marie Suiter v. the City Council of the City of Princeton, Iowa

Rick and Darlene Suiter appeal from the district court’s ruling entering summary judgment in favor of the City Council of the City of Princeton (“the City”) on their petition for writ of certiorari, in which the Suiters claimed certain action of the City was illegal. We affirm.

I. Background Facts and Proceedings

The Suiters own riverfront property in Princeton. Their property ... More...
   $0 (02-05-2014 - IA)

Larry D. Schaefer v. Dale L. Putnam

In this appeal, we are asked to interpret Iowa Code section 654A.6(1) (2009) when a farm creditor, after being sued regarding the validity of its mortgages, brought a counterclaim to foreclose the mortgages without first obtaining a mediation release. Larry and Elaine Schaefer filed suit against their sons, their former attorney, Dale Putnam, a limited liability company, SMP, L.L.C. (SMP), and oth... More...    $0 (12-13-2013 - IA)

D & W Development, Inc. v. The City of Milford, Dickinson County, Iowa

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r... More...    $0 (05-15-2013 - IA)

In re the Marriage of Diana L. Kimbro and Steven C. Kimbro

Steven C. Kimbro appeals and Diana L. Kimbro cross-appeals from the June 2011 decree dissolving their marriage. Steven’s sole issue is that an equalization payment he was ordered to pay Diana was inequitable because she dissipated a portion of funds divided at the time of the parties’ separation. Diana requests attorney fees on appeal and claims the district court abused its discretion in fail... More...    $0 (05-23-2012 - IA)

Remcey Peeples v. CRST Van Expedited, Inc.

The Equal Employment Opportunity Commission (EEOC) filed suit in its own name against CRST Van Expedited, Inc. (CRST), alleging that CRST subjected Monika Starke "and approximately 270 similarly situated female employees" to a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. Starke and Remcey Jeunenne Peeples intervened i... More...    $0 (05-08-2012 - IA)

Ahepa 192-1 Apartments v. Harry E. Smith

This appeal concerns the proper interpretation of a lease and the interplay with federal regulations, Iowa Code section 562A.27A, and chapter 648 (2009). The district court determined this forcible-entry-and-detainer (FED) cause of action accrued at the time of the tenant’s physical assault or the threat of physical assault upon other tenants. Consequently, the court found the cause of action w... More...    $0 (12-21-2011 - IA)

Cy & Charley's Firstone, Inc. v. Richard D. Running

This case involves a dispute that arose from the sale of two parcels of real estate. For the reasons stated herein, we affirm the district court’s order denying plaintiffs’ claims for breach of contract, unjust enrichment, and promissory estoppel, and the order awarding attorney fees to the defendants.

I. Background Facts and Proceedings.

Ronald Hearn owns two businesses, Cy & Ch... More...
   $0 (12-21-2011 - IA)

Crystal M. Blanchard v. Jeffrey A. Houdek

Crystal Blanchard appeals from the district court’s ruling that declined to divide property accumulated by unmarried persons after cohabitation. She asserts the district court erred in not clearly ruling whether it had jurisdiction to address the property issues. She alternatively contends the district court erred in not equitably dividing the property. We find the court made a clear ruling that... More...    $0 (12-21-2011 - IA)

Edward J. Hanssen v. Genesis Health System

Edward and Connie Hanssen contend the district court was wrong in finding they waited too long to file their medical malpractice lawsuit against Genesis Health Systems (Genesis or the hospital). The Hanssens ask us to reverse the grant of summary judgment, urging that a genuine issue of material fact exists regarding both the date they knew about Edward’s injury and its cause, as well as whether... More...    $0 (12-21-2011 - IA)

Donald G. Dewaay, Jr. v. Steve W. Dallenbach

“Losses were not discussed and not assumed.” That is how Steven Dallenbach described the rosy outlook of a four-person Iowa partnership formed to purchase, remodel, and sell an upscale residence on Florida’s Gulf Coast. But the “perfect storm”—both figuratively and literally—of a plummeting real estate market and hurricane winds between 2006 and 2008 created unexpected losses for the... More...    $0 (12-21-2011 - IA)

James Cunningham v. Aviva Life and Annunity Company

James Cunningham appeals from the district court order granting summary judgment in favor of Aviva Life and Annuity Company (Aviva). Cunningham argues the district court erred in granting summary judgment on Aviva’s breach of contract and indemnification claims, as well as awarding attorney fees. We hold that the entry of summary judgment on Aviva’s breach of contract claim was proper. However... More...    $0 (12-07-2011 - IA)

Richard Lessard d/b/a Lessard Logging v. Duane Henry

Duane Henry (Henry) was the sole owner of forty acres of land in Winneshiek County. He also co-owned 120 acres with his four children, Daniel Henry, Julie Brenno, Angela Henry, and David Henry. Henry owned an undivided sixty percent interest in the 120 acres, and each child owned an undivided ten percent interest.

Jamie Bjornsen was a friend of Henry and she was also the cousin of the wife ... More...
   $0 (07-27-2011 - IA)

Carroll A. Depenning v. Resources Electric, Inc.

This case involves litigation between the owners of an electrical contracting company. Carroll DePenning and DePenning and Associates, Inc. (DPAI) appeal the court‟s adverse damage award in favor of Resource Electric, Inc. We affirm.

I. Background Facts & Proceedings.

Since 1994, Dennis Sult has owned and operated Resource Services, Inc., a mechanical contracting company. Denni... More...
   $0 (07-27-2011 - IA)

C & J Vantage Leasing Co. v. Thomas Wolfe d/b/a Lake MacBridge Golf Course

Thomas Wolfe d/b/a Lake MacBride Golf Course and Thomas Wolfe, individually (hereinafter collectively referred to as Lake MacBride), seek a ruling reversing the district court‘s entry of summary judgment in favor of C & J Vantage Leasing Company, assignor to Frontier Leasing Corporation, assignee, and dismissal of Lake MacBride‘s counterclaims and third-party claims. The court of appeals affir... More...    $0 (03-04-2011 - IA)

Jody Borgman v. Ryan Kedley

Ryan Kedley, an agent of the Iowa Division of Criminal Investigation, arrested Jody Borgman for trespass when she entered the Wild Rose Casino after having signed two voluntary exclusion forms at the casino's predecessor establishment. After the charge against her was dropped, Borgman brought this action against Kedley and the Wild Rose Casino, alleging violations of her constitutional rights unde... More...    $0 (07-19-2011 - IA)

Daniel J. Kaufman v. Siemens Medical Solutions USA, Inc.

Daniel Kaufmann appeals the district court’s1 grant of summary judgment to Siemens Medical Solutions (“Siemens”) on his claim for unpaid wages for fiscal year 2003 under the Iowa Wage Payment Collection Law (“IWPCL”) and the district court’s grant of judgment as a matter of law to Siemens on his claim for liquidated damages based on unpaid wages for fiscal year 2004 under the IWPCL, Io... More...    $0 (04-14-2011 - IA)

C & J Vantage Leasing Co. v. Thomas Wolfe d/b/a Lake MacBride Golf Course

Thomas Wolfe d/b/a Lake MacBride Golf Course and Thomas Wolfe, individually (hereinafter collectively referred to as Lake MacBride), seek a ruling reversing the district court‘s entry of summary judgment in favor of C & J Vantage Leasing Company, assignor to Frontier Leasing Corporation, assignee, and dismissal of Lake MacBride‘s counterclaims and third-party claims. The court of appeals affir... More...    $0 (03-04-2011 - IA)

Roger Waldner v. Janet Carr

This case arises from failed negotiations for the acquisition and management of H&W Motor Express, Inc. (“H&W”), a financially struggling trucking company in Dubuque, Iowa. Roger Waldner appeals the district court’s1 adverse grant of summary judgment on his various state law tort and contract claims against three sets of defendants: (1) Urban Haas and Patricia M. Haas (collectively the “Ha... More...    $0 (08-28-2010 - IA)

John T. Jones Construction Co. v. Hoot General Construction Co,

Hoot General Construction appeals the district court's1 verdict against it and in favor of John T. Jones Construction in an action brought on a contract between the two companies. Jones, in turn, appeals the district court's refusal to award certain liquidated damages and the district court's decision not to award attorneys fees related to claims against third parties. We affirm.

I

T... More...
   $0 (07-28-2010 - IA)

Michael Adam v. Stonebridge Life Insurance Co.

Michael Adam, administrator of the deceased Richard Kessel's estate, brought suit against Stonebridge Life Insurance Company ("Stonebridge") alleging breach of contract and bad faith after Stonebridge rescinded an insurance policy and denied Adam's claim for benefits. Stonebridge answered, asserting the affirmative defenses of equitable estoppel, lack of standing, waiver, and equitable rescission.... More...    $0 (07-15-2010 - IA)

Frontier Leasing Corporation v. Links Engineering, LLC d/b/a Bluff Creek Golf Course

This case involves an action to collect damages upon the default of an equipment lease for a beverage cart to be used on a golf course. The district court granted summary judgment in favor of appellee, Frontier Leasing Corporation (Frontier), rejecting the arguments of the appellant, Links Engineering, LLC d/b/a Bluff Creek Golf Course (Links), that (1) Frontier was not the real party in interest ... More...    $0 (05-07-2010 - IA)

Laura A. Stoneking v. Federated Mutual Insurance Company

Laura Stoneking appeals from the district court’s order granting Federated Mutual Insurance Company’s motion for summary judgment. Stoneking filed a petition seeking payment of underinsured motorist (UIM) benefits from Federated after she was seriously injured in an automobile collision while a passenger in a vehicle operated by T.C. Ryan Lee Simon.1 Stoneking’s father, Dennis Stoneking, had... More...    $0 (10-07-2009 - IA)

City of Johnston v. Andrew Christenson

We filed our opinion in this appeal on April 8, 2009, but subsequently granted the plaintiff-appellant City of Johnston‟s petition for rehearing. Our April 8, 2009 decision is hereby vacated and this opinion replaces it. The City of Johnston (City) appeals from a district court ruling on remand dismissing its petition for declaratory judgment against Andrew Christenson. We reverse the judgment o... More...    $0 (05-06-2009 - IA)

Kathryn S. Barnhill v. Iowa District Court for Polk County

An Iowa attorney brought a class-action lawsuit on behalf of homeowners against the manufacturer of roofing shingles and its president. The action asserted seven theories of recovery, most of which were based in contract. After the district court granted summary judgment in favor of the manufacturer and its president, the president requested sanctions against the attorney who filed the class actio... More...    $0 (05-01-2009 - IA)

NT Home Builders, L.L.C. v. City of Buffalo, Iowa

This case requires us to interpret the terms of a pre-annexation agreement between NT Home Builders (the plaintiff-appellant, hereafter NT) and the City of Buffalo (the defendant-appellee). Because we find that the agreement did not entitle NT to “B-1 Residential” zoning, we affirm the judgment of the district court. I. Background Facts and Proceedings In 2004, NT, a real estate development co... More...    $0 (04-08-2009 - IA)

City of Johnson v. Andrew Christenson

The City of Johnston (City) appeals from a district court ruling on remand dismissing its petition for declaratory judgment against Andrew Christenson. We reverse the judgment of the district court and remand for further proceedings in this protracted dispute over Christenson‟s desire to build an accessory structure on his land to house his horses. I. BACKGROUND FACTS AND PROCEEDINGS. This is t... More...    $0 (04-08-2009 - IA)

Blane Steffers, et al. v. Barry T. Bruner

Blane Steffes, individually, and Leona Frazier and Diana Fischer, individually and as executors of the estate of Cordellia Steffes, (Plaintiffs) appeal from the district court’s order granting summary judgment in favor of Barry Bruner. The Plaintiffs argue the district court erred in finding their legal malpractice claim barred under Iowa Code section 614.1(4) (2005). We affirm. I. Background Fa... More...    $0 (12-31-2008 - IA)

Bard Giltner v. Estate of Marjorie E. Giltner, Bert Giltner

J. Bert Giltner, as executor of the Estate of Marjorie Giltner, appeals from the trial court’s ruling dismissing the executor’s claim for cash rent from a holdover tenant in possession of the decedent’s farmland. I. Background Facts and Proceedings. Bert Giltner, as executor of the Estate of Marjorie Giltner, sued his brother, Bard Giltner, to recover three years’ cash rent on sixty-five a... More...    $0 (12-31-2008 - IA)

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