Iowa Injunction Law
 

State of Iowa v. Walter Pacheco


Des Moines, Iowa criminal defense lawyer represented the Defendant charged with stalking.


Walter Pacheco, 29, of Pleasant Hill, had been convicted of the same crime before, but this criminal charge was enhanced to a felony by the existence of a protective order that barred the two from having contact.

Iowa Pencal Code Section 708.11 provides:

1 ASSAULT, §7... More...
   $0 (07-30-2024 - IA)

United States of America v. State of Iowa


Des Moines, Iowa Attorney General of the United States represented the United States of America sued the State of Iowa seeking a declaratory judgment on the constitutionality of a new Iowa law imposing criminal penalties on undocuments immegrants.



06/12/2024 28 TRANSCRIPT of Proceedings re 26 Evidentiary Hearing held on 06/10/2024... More...
   $0 (06-17-2024 - IA)

Derek Crow v. C & W Facility Services Inc.

Des Moines, Iowa civil rights lawyers represented Plaintiff, who sued Defendant on a Family and Medical Leave Act violation theory.

29 U.S.C. 2617 provides in part:

Any employer who violates section 2615 of this title shall be liable to any eligible employee affected—

(A) for damages equal to—

(i) the amount of—

(I) any wages, salary, employment ... More...
   $0 (12-01-2021 - IA)

Tracey K. Kuehl v. Pamela Sllner

Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...
   $0 (04-18-2018 - IA)

Paul Gerlich; Erin Furleigh v. Steven Leath; Warren Madden; Thomas Hill; Leesha Zimmerman

Iowa State University (ISU) grants student organizations permission to use its
trademarks if certain conditions are met. The ISU student chapter of the National
Organization for the Reform of Marijuana Laws (NORML ISU) had several of its
trademark licensing requests denied because its designs included a cannabis leaf. Two
members of the student group subsequently filed this 42 U.S.... More...
   $0 (06-13-2017 - IA)

STATE OF IOWA vs. MARTHA ARACELY MARTINEZ

SUPREME COURT OF IOWA

Martha Martinez came to Muscatine with her parents in 1997 when she was eleven years old. She attended Muscatine public schools and worked for several different employers in Muscatine County. When she was seventeen years old, Martinez applied for and obtained an Iowa drivers license. She used a birth certificate in the name of Diana Castaneda, a person with a social security number, to obtain ... More...    $0 (06-14-2017 - IA)

ROBERT KROGMANN vs. STATE OF IOWA

Robert Krogmann shot his girlfriend several times. A jury found him guilty
of attempted murder and willful injury, and the supreme court affirmed his
judgment and sentence. See State v. Krogmann, 804 N.W.2d 518 (Iowa 2011).1
Krogmann filed a postconviction relief application raising several
ineffective-assistance-of-counsel claims. The district court denied the application ... More...
   $0 (01-25-2017 - IA)

United States of America v. Bradley J. Prucha

Des Monies, IA - West Des Moines Man Sentenced to 70 Years in Prison for Retail Theft Scheme, Child Pornography, and Witness Tampering Charges

Bradley J. Prucha, 39, of West Des Moines, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to a total of 840 months, or 70 years, in federal prison for executing a multistate retail theft scheme, producing and possess... More...
   $0 (06-27-2016 - IA)

IOWA INDIVIDUAL HEALTH BENEFIT REINSURANCE ASSOCIATION vs. STATE UNIVERSITY OF IOWA, IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, and UNIVERSITY OF NORTHERN IOWA

This appeal involves two statutes addressing access to health insurance, specifically high-risk policies for individuals with preexisting medical conditions. An overview of this legislation provides context for the issues on appeal. In 1986, the legislature enacted Iowa Code chapter 514E, which created the Iowa Comprehensive Health Insurance Association (ICHIA). See 1986 Iowa Acts ch. 1156, 2... More...    $0 (03-18-2016 - IA)

United States of America v. Select Herbs, LLC, Gordon L. Freeman and Louis A. Dotterweich

Cedar Rapids, IA - Permanent Injunction Against Iowa Dietary Supplement Company to Stop Distribution of Adulterated Dietary Supplements

The U.S. District Court for the Northern District of Iowa today entered a consent decree of permanent injunction against Iowa Select Herbs LLC, of Cedar Rapids, Iowa, its president and CEO, Gordon L. Freeman, and a partial owner, Lois A. Dotterweich, to p... More...
   $0 (08-17-2015 - IA)

Jason Powell v. Larry Noble

Powell is a Christian who contends that his beliefs compel him to publicly share his faith with others. To achieve this goal, Powell seeks out public places where he can find significant numbers of people near his home in Des Moines, Iowa, and shares his faith by wearing clothing bearing Christian messages, holding signs, engaging in open-air speech, and having conversations with individuals will... More...    $0 (08-15-2015 - IA)

Sioux Pharm, Inc. and Sioux Biochemical, Inc. v. Eagle Laboratories, Inc.

In this case involving claims for misappropriation of trade secrets,
we have before us an interlocutory appeal on a discovery issue. In
particular, the plaintiffs ask us to review a district court order requiring
the redesignation of the plaintiffs’ standard operating procedures (SOPs)
from “attorneys’ eyes only” to “confidential.” The underlying protective
order al... More...
   $0 (06-26-2015 - IA)

Danny Homan v. Terry Branstad

During the 2013 legislative session, the Iowa General Assembly appropriated funds for the operation of the Iowa Juvenile Home (IJH) in Toledo for the 2014 fiscal year (July 1, 2013 to June 30, 2014). Approximately five months into that fiscal year, the Iowa Department of Human Services (DHS) decided to close the home and find alternative, judicially approved placements for the twenty-one girls who... More...    $0 (05-29-2015 - IA)

Tunis E. Den Hartog v. City of Waterloo

A municipality agreed to transfer to a residential developer land originally acquired for use as a road right-of-way. Taxpayers challenged in this civil action the legality of the proposed transfer, contending the municipality failed to follow statutory procedures for the sale of unused right-of-way. The district court interpreted the relevant statute, concluded the property in question was not un... More...    $0 (05-30-2014 - IA)

Velma J. Hussemann v. Herbert J. Hussemann, Jr.

This conflict-of-laws case requires us to determine whose state law governs the enforceability of mutual clauses in a postnuptial agreement that waived each spouse’s elective share. Two Florida residents were married in Florida in 1991. A few months later, they signed a postnuptial agreement in Florida. The agreement expressly provided that Florida law would apply. The married couple subsequentl... More...    $0 (05-23-2014 - 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)

NEIL A. LEMASTER and STEPHANIE KEMPKER, Plaintiffs-Appellees/Cross-Appellants, vs. JOSEPH FRANKLIN POWERS and MERRY LYNN POWERS, husband and wife, Defendants-Appellants, JOSHUA BURCH and CHRISTY BURCH, husband and wife, Respondents-Appellants/Cross-Appellees. LARRY SUNDEN and LINDA SUNDEN, husband and wife, Plaintiffs-Appellants, vs. NEIL A. LEMASTER and STEPHANIE KEMPER, Defendants-Appellees/Cross-Appellants.

This appeal arises from a dispute between neighboring landowners in a residential development in North Lee County. The dispute concerns the scope of certain express easements.

I. Background Facts and Proceedings

It is often stated that a picture is worth a thousand words. That is the case here.
We begin with a 1977 plat map of the residential development.

(Image Not ... More...
   $0 (02-05-2014 - IA)

Iowa Right To Life Committee v. Megan Tooker

Iowa Right To Life Committee, Inc., challenges the constitutionality of several Iowa campaign-finance laws, an administrative rule, and two forms. The district court found IRTL lacked standing to challenge several provisions, but found others constitutional. IRTL appeals, raising facial and as-applied challenges under the First and Fourteenth Amendments. Having jurisdiction under 28 U.S.C. § 1291... More...    $0 (06-14-2013 - IA)

In Re The Marriage of Karen Ann Pelletier and Paul Jeffrey Pelletier

Paul Pelletier appeals, and Karen Pelletier cross-appeals, from the district court’s decree dissolving their marriage. The parties challenge the ruling as it relates to custody, visitation, support, alimony, property distribution, attorney fees, contempt, and a request for an injunction. Because we agree with the findings and analysis of the district court, we affirm.

I. Background Facts ... More...
   $0 (06-12-2013 - IA)

Hawkeye Land Company v. City of Coralville, Iowa

Hawkeye Land Company (Hawkeye) appeals from the district court ruling denying its application for a permanent injunction.1 Hawkeye seeks to prevent the city of Coralville, Iowa (Coralville) from constructing a street extension over railroad tracks in which Hawkeye claims an interest, and argues the district court erred in denying its application for injunction. Because we find that Hawkeye has an ... More...    $0 (06-12-2013 - IA)

American Family Mutual Ins. Co v. Richard Hollander

American Family Mutual Insurance Company ("American Family") appeals the district court's1 order denying its motion for judgment as a matter of law or, in the alternative, for a new trial and awarding Richard N. Hollander $261,781.53 in attorney's fees pursuant to section 91A.8 of the Iowa Wage Payment Collection Law ("IWPCL"). We affirm.

I

American Family is a mutual insurance c... More...
   $0 (02-01-2013 - IA)

Gail Bierman v. Scott Weier

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.” It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad terms” from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering ... More...    $0 (01-18-2013 - IA)

Lydia Hartunian v. Kirkwood Community College

Lydia Hartunian, a professor at Kirkwood Community College (Kirkwood), appeals the district court’s ruling granting summary judgment in favor of Kirkwood. Hartunian asserts the district court erred in concluding (1) she was required to follow the collective bargaining agreement’s grievance procedure, (2) the futility exception to the exhaustion requirement was not applicable, and (3) Kirkwood ... More...    $0 (12-14-2012 - IA)

Ted Joseph White v. The Iowa District Court for Clinton County

Ted White challenges the district court’s finding he was in contempt of a domestic abuse protective order. He claims he cannot be held in contempt because the protective order was void. If not void, he claims the protective order had expired by operation of law and thus, was ambiguous. White also contends the district court erred in finding his conduct was willful and abused its discretion in im... More...    $0 (05-23-2012 - IA)

Upon the Petition of Michael W. Konzen

A mother appeals from the district court’s April 2011 order regarding custody, visitation, and child support of the parties’ two children, and from the June 2011 order denying her motion to reconsider. On de novo review, we vacate all orders and judgments after the October 26, 2010 settlement conference, except the November 2, 2010 order concerning custody and visitation that memorialized the ... 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)

Frank Roznos v. Town of Slater

The sole question presented by this appeal is the sufficiency of a notice of hearing on a proposed Resolution of Necessity to construct a sewer system in the town of Slater, Iowa. After being duly served with a notice, plaintiff property owners filed written objections 'to the notice and to the sufficiency thereof' prior to the date of hearing, and, when overruled, commenced a suit in equity to en... More...    $0 (07-24-1962 - IA)

Connie Newlin v. Donald Callender

Connie Newlin, a servient estate holder, appeals a district court ruling that dismissed her petition seeking damages and to enjoin Donald and Ramona Callender (the Callenders), the dominant estate holders, from directing water in their pond onto Newlin‘s property. She further requests that we vacate the district court‘s injunction granted to the Callenders which prevents Newlin from blocking t... More...    $0 (11-09-2011 - IA)

Ryan Bessine v. Thomas L. Shockley

This case involves the disputed ownership of the land and a portion of a garage located in Burlington, Iowa. The trial court denied the Bessines’ (Ryan, Julie, David, and Kathy) request for reformation of deeds, or alternatively, imposition of an implied easement. We affirm.

I. Background Facts and Proceedings.

The Bessines wanted to renovate the second floor of buildings they own ... More...
   $0 (08-24-2011 - IA)

Marlin O. Osthus v. Whitesell Corporation

The Regional Director of the Eighteenth Region of the National Labor Relations Board (respectively, “Director” and “Board”) requested an injunction under section 10(j) of the Labor Management Relations Act, 1947, 29 U.S.C. § 160(j). The district court granted the injunction. Whitesell Corporation appeals. Having jurisdiction under 28 U.S.C. § 1292(a)(1), this court vacates and remands.More...    $0 (04-22-2011 - IA)

Jan Reis and Dean Stowers v. Iowa District Court for Polk County

Jan Reis and Dean Stowers were held in contempt of court for violation of a protective order. They argue the district court lacked jurisdiction to enforce the protective order and lacked substantial evidence to support a finding of contempt. We hold the court properly exercised jurisdiction to enforce the protective order and there was substantial evidence to support the finding of contempt with r... More...    $0 (05-08-2010 - IA)

Pamela F. Reynolds v. RehabCare Group East, Inc.

Pamela Reynolds (Reynolds), a physical therapist and a Captain in the United States Army Reserve, appeals from the district court’s1 adverse grant of summary judgment on Reynolds’s claims against RehabCare Group East, Inc. (RehabCare). Reynolds claims RehabCare (1) discriminated against her based on her military status; and (2) failed to rehire her upon her return from active military duty, in... More...    $0 (01-17-2010 - IA)

Randal McCullough v. Aegon USA

Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. (“AEGON”), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ... More...    $0 (11-03-2009 - IA)

Steve Everly v. Knoxville Community School District, Musco Sports Lighting, LLC and Randy Flack

In this case, we must decide if the district court properly dismissed plaintiff’s cause of action. We also review by certiorari the district court’s award of sanctions against the plaintiff’s attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals’ and district court’s decisions regarding the dismissal, we affirm that p... More...    $0 (10-16-2009 - IA)

Titan Tire Corporation and The Goodyear Tire & Rubber Company v. Case New Holland, Inc., CNH America LLC and GPX International Tire Corporation

In this design patent case, in which the patentee sought a preliminary injunction, we first clarify the requirements for such an injunction. We then determine, in light of that clarification and the evidence before the trial court, whether that court was correct in denying the sought-for relief. Because we conclude that under the applicable legal standard the trial court did not abuse its discreti... More...    $0 (06-03-2009 - IA)

James D. Townsend and Townsend Crane Service, L.C. v. William D. Nickell and Laverna L. Nickell, et al.

This appeal and cross-appeal arise from a boundary dispute. Bill Nickell, who successfully defended a claim to a parcel of land, contends the district court should have awarded him attorney fees. James Townsend asserts that he is entitled to the disputed property through adverse possession or, in the alternative, that he is entitled to a prescriptive easement to use the property. We affirm in part... More...    $0 (04-08-2009 - IA)

Susan Harder v. Anerson, Arnold, Dickey, Jensen, Gullickson and Sanger, L.L.P. and Jane Pini

A noncustodial parent, with joint legal custody of the children, seeks to obtain the mental health records of her children. The district court denied the parent’s request to require the mental health provider to release the records. We hold when a noncustodial parent makes a request and the provider raises an objection to the release of information, a court must apply the best-interest-of-the-ch... More...    $0 (04-21-2009 - IA)

Robert Chalupa and Laurilee Chalupa v. Kevin R. Kleopfer and Teresa L. Kleopfer

Robert and Laurilee Chalupa purchased their residence at 827 West Madison Street in Washington in 1969. Kevin and Teresa Kleopfer purchased their residence at 902 West Monroe Street in 2003. In 2005, the Kleopfers purchased an empty lot at 816 West Monroe Street (lot 19), which is located two lots to the east of their 902 West Monroe residence. Running along the boundary line between the pro... More...    $0 (01-16-2008 - IA)

Middle Road Developers, L.C., et al. v. Windmiller Design and Development Company, et al.

Appellee Middle Road Developers, L.C., is the owner of real estate platted as Century Heights Twelfth Addition in the city of Bettendorf. At the time the area was being developed, Robert Fick, principal developer for Middle Road, was told by Bettendorf's planning staff that the city required outlots be set aside in the creek area of the addition for use as a stormwater detention area. The ded... More...    $0 (01-18-2008 - IA)

MARTHA J. STARK, REBECCA J. LODGE, and TERRY J. STARK v. ALITA L. STARK

Alita Stark appeals the district court's order permanently enjoining her from disinterring her deceased spouse's remains for purposes of reburial. On appeal, we reverse the ruling of the district court and remand for dismissal.

I. Facts and Prior Proceedings.

Joseph Stark died on February 15, 2005, survived by his wife, Alita Stark. Joe had previously been married to Audrey Star... More...    $0 (09-18-2007 - IA)

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