Louis A. Lavorato

The case involved thirteen defendants who were jointly tried and convicted of simple misdemeanor trespass after protesting the Iraq war near a military armory and ignoring warnings to leave. The clerk of court taxed each defendant the full $100 jury fee under Iowa Code section 625.8(1) and the full $150 court reporter fee under section 625.8(2) without apportionment. The Iowa Supreme Court held that the statutes permit taxing the full jury fee to each defendant because each faced a separate action resulting in a judgment, and the full reporter fee to each nonindigent defendant because all benefited from the proceedings without objection. However, Iowa Rule of Criminal Procedure 2.67(9) exempts indigent defendants from the reporter fee, so the clerk erred in taxing it to them. The court affirmed in part, reversed in part, and remanded for corrected cost entries.

criminal lawprocedure

This case concerned Iowa attorney Rodney T. Carroll, who as president of a nonprofit arts council used the organization's checking account and credit card for personal expenses totaling over $9,000 without authorization, later repaying the funds after confrontation. Carroll was charged with second-degree theft, pled guilty, and received a deferred judgment with probation. The Iowa Supreme Court, reviewing the Grievance Commission's recommendation de novo, revoked Carroll's law license. The court reasoned that lawyers who convert entrusted funds face revocation to protect the public, deter similar misconduct, and preserve confidence in the justice system, even when the funds are not client funds, repayment occurs, or the lawyer was not acting in a legal capacity.

criminal law

This case involved claims by Yates Kennel against Iowa West Racing Association and related parties for slander based on statements about the kennel's performance and track conditions, and for negligence in maintaining the greyhound racing track that allegedly caused injuries to the dogs. The Iowa Supreme Court affirmed the court of appeals' reversal of the district court's judgment in favor of the plaintiffs, holding that the defendants were entitled to a directed verdict on both claims. The court reasoned that there was insufficient evidence to support the slander claim and that the negligence claim lacked proof linking the track conditions causally to the specific dog injuries, as the evidence was anecdotal and alternative causes were possible. The case was remanded for entry of judgment in favor of the defendants.

torts & liabilitybusiness & regulatoryprocedure

The case involved Iowa Ag Construction Co. and Iowa Select Farms challenging the Iowa State Board of Tax Review's denial of sales and use tax exemptions under Iowa Code section 422.45(26) and (39) for various items used in hog confinement facilities, including flooring, fans, curtains, controllers, and mowers. The district court affirmed the Board's decision that the property did not qualify for exemption, and the Iowa Supreme Court affirmed that ruling. The court reasoned that the items were not directly and primarily used in the production of agricultural products as required by the statute and administrative rules, with mowers in particular being one step removed from livestock production since they were mainly used for rodent control and regulatory compliance around buildings and lagoons. Substantial evidence supported the Board's findings, and its interpretation and application of the law were not irrational or unjustifiable.

taxesbusiness & regulatory

In this breach-of-contract case, RPC Liquidation (formerly Raider Precast Concrete), a material supplier, claimed third-party beneficiary status under IDOT contracts with bridge construction contractors after the IDOT rejected beams contaminated with soybeans. The district court ruled that RPC was a third-party beneficiary and awarded damages, a decision affirmed by the court of appeals. The Iowa Supreme Court reversed, holding that the contracts expressly disclaimed third-party beneficiaries and that, under Restatement (Second) of Contracts section 302, the language and circumstances showed no intent to confer enforceable rights on the supplier. The court remanded with directions to dismiss the petition.

business & regulatory

In Crall v. Davis, the plaintiffs sued their neighbor for personal injuries from a slip-and-fall on the defendant's property and for loss of consortium, filing the petition on February 16, 2004. The district court initially dismissed the case for failure to serve process within the required 90 days but later set aside the dismissal, found good cause for the delay, and extended the service deadline. On interlocutory appeal, the Iowa Supreme Court reversed, holding that the record lacked substantial evidence of good cause because the plaintiffs' service attempts were ineffective or untimely, they did not request a court extension despite knowing the defendant's address, and they failed to act diligently before the deadline expired under Iowa Rule of Civil Procedure 1.302(5). The court remanded with directions to dismiss the petition.

proceduretorts & liability