January 5, 2009
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Decisions
Bob Rush
Federal

 

 

Georgia v. United States, 411 U.S. 526, (1973)
Held the Voting Rights Act of 1965 was constitutional.
 
U.S. v. Kenneth Johnson, 751 F. 2d 291 (8th Cir. 1984)
Appointed by 8th Circuit to represent defendant on post conviction relief.
Zahn v. Iowa Mfg. Co. of C.R., 740 F. 2d 669 (8th Cir. 1984)
Successful representation of the Machinists Union in wrongful termination/failure to represent case.
 
State
State v. Jacoby, 260 N.W. 2d 828 (Iowa 1977)
First Degree murder trial
 
Walles v. International Brotherhood of Electrical Workers, 252 N.W.2d 701 (1977)
A former employee's wrongful discharge claim against an employer and labor unions was preempted by the National Labor Relations Act where the allegations in his petition reasonably charged that a "closed shop" agreement existed.
 
Rush v. Ray, 332 N.W. 2d 325 (Iowa 1983)
Recognized public interest exception to the mootness doctrine.
 
Rush v. Ray, 332 N.W. 2d 325 (Iowa 1983)
Recognized public interest exception to the mootness doctrine.
 
Nelson v. Restaurants of Iowa, Inc., 338 N.W.2d 881 (1983)
A restaurant's motion to strike plaintiff's claim for exemplary damages was properly sustained because exemplary damages were not recoverable under the Iowa Dramshop Act.
 
Ferree v. Board of Education, 338 N.W.2d 870 (1983)
 
 
Evjen v. Brooks, 372 N.W.2d 494 (1985)
In a wrongful death case, the judgment was reversed because the district court applied an erroneous standard of law under the dram-shop statute to determine the possibility of a corporation's claim against an estate for indemnity or contribution.
 
Rush v. Ray, 362 N.W. 2d 479 (Iowa 1985)
Item veto by governor found to be unconstitutional.
 
Wright v. Scott, 410 N.W. 2d 247 (Iowa 1987)
Affirmed the Iowa rule that an oral settlement agreement is enforceable.
 
Moody v. Van Wechel, 402 N.W. 2d 752 (Iowa 1987)
Farm land water dispute
 
Beachel v. Long, 420 N.W.2d 482 (1988)
The deposition of an expert for the injured party was properly admitted at trial when the tortfeasors were notified that the expert would not be available for trial and were present at the evidentiary deposition.
 
Morrison v. Century Engineering, 434 N.W. 2d 874 (Iowa 1989)
Determined Iowa rule regarding physician patient privilege in workers’ compensation cases
 
Loftsgard v. Dorrian, 476 N.W.2d 730 (1991)
Parents were not entitled to loss of consortium award in the wrongful death action of their adult son. The administrator was entitled to the entire amount of medical expenses because decedent's insurance carrier was to receive subrogation.
 
Bartlett v. Chebuhar, 479 N.W. 2d (Iowa 1992)
Determined golfers owe a duty to others on the course
 
Ciha v. Irons, 509 N.W.2d 492 (1993)
Provisions in insurance policies excluding from underinsured motorist coverage injuries sustained while operating an automobile owned by insured but not insured under policy were valid.
 
Gerace v. 3-D Mfg. Co., 522 N.W.2d 312 (1994)
A J.N.O.V. was properly entered in favor of the corporation president and fabrication manager because there was no substantial evidence that showed they were grossly negligent regarding the belt mover that injured the father.
 
Matthess v. State Farm Mut. Auto. Ins. Co., 521 N.W.2d 699 (1994)
 
 
Ramsbacher v. State Farm Mut. Auto. Ins. Co., 531 N.W.2d 475 (1995)
A trial court erred in awarding underinsured motorist benefits to an insured because the insured had already been fully compensated for her injuries.
 
Quaker Oats Co. v. Ciha, 552 N.W.2d 143 (1996)
A supervisor who was on call during a holiday weekend and was injured in accident returning from being called to the plant was on employer's "special errand" and was entitled to worker's compensation benefits.
 
Heick v. Bacon, 561 N.W.2d 45 (1997)
The joint enterprise theory did not apply unless the driver and passenger were carrying on a common enterprise and it further appeared that the passenger had the right to control the operation of the vehicle used to carry out the common purpose.
 
Diggan v. Cycle Sat, 576 N.W.2d 99 (1998)
Stated that a nonexclusive license for the use of software could be granted orally or implied from conduct.
 
McIlravy v. North River Ins. Co., October 9, 2002
Filed, NO DECISION HAS BEEN MADE ON PUBLICATION OF THIS OPINION. Where employee was injured while at work, insurers denied workers' compensation benefits, commission awarded benefits, and employee sued insurers for bad faith refusal, trial court erred by ruling for insurers on reasonable basis determination.
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