13 results for 'judge:"Waterman"'.
J. Waterman finds that a state employee was improperly awarded damages in hostile work environment claims because discrimination experienced by others and reported to the employee in her supervisory position had been insufficient to prove her own claim, and the harassment she personally experienced was not sufficiently severe to alter the terms or conditions of her employment. Reversed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: April 12, 2024, Case #: 21-1898, Categories: Employment Discrimination
J. Waterman finds that defendant was properly sentenced to prison based on his guilty plea to a felony even though the lower court mentioned the possibility of parole during sentencing because defendant was a recidivist drug offender who required a structured setting during rehabilitation. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: March 29, 2024, Case #: 22-1507, Categories: Drug Offender, Sentencing
J. Waterman finds that the lower court properly dismissed challenges a bar owner brought against a city ordinance following revocation of its conditional use permit for noise complaints because the city did not engage in illegal spot zoning, and Iowa Code Chapter 123 allows municipalities to regulate bars through zoning, noise restrictions, and other health and safety measures. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: March 22, 2024, Case #: 22-0473, Categories: Zoning
J. Waterman finds that an employee was improperly limited in seeking reimbursement for an independent medical examination in workers' compensation claims. The employee was entitled to costs of the examination performed in determining impairment, not merely component costs of the impairment rating itself. Affirmed in part.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: February 9, 2024, Case #: 22-0471, Categories: Workers' Compensation
J. Waterman finds that defendant was properly convicted of sexually abusing his girlfriend's daughter beginning when she was nine years old. Video of a forensic interview with the victim was properly admitted since defendant cross-examined the victim by asking her about specific statements she made during the interview. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Waterman, Filed On: January 26, 2024, Case #: 21-1676, Categories: Sex Offender, Witnesses
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J. Waterman finds that chiropractors were properly denied certification of class claims contending Wellmark violated Iowa Competition Law 553 and compromised profits upon entering administrative services agreements with over 400 employers that self-fund healthcare benefits for employees. The chiropractors failed to offer expert testimony to prove financial duress, and local variables precluded them from functioning as a class. Affirmed.
Court: Iowa Court Of Appeals, Judge: Waterman, Filed On: January 26, 2024, Case #: 22-0303, Categories: Antitrust, Class Action
J. Waterman finds that defendant, a sexually violent offender, was ineligible for placement in a transitional release program because his treatment provider at the Iowa Civil Commitment Unit for Sexual Offenders had not accepted a relapse prevention plan for him.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: January 19, 2024, Case #: 22-1521, Categories: Sentencing, Sex Offender
J. Waterman finds that defendant was properly convicted of a third offense of operating while intoxicated. A traffic stop was initiated when officers observed defendant driving erratically defendant, and after observing defendant’s slurred speech and bloodshot eyes, and after defendant refused a field sobriety test, defendant admitted he had been drinking. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: November 17, 2023, Case #: 22-0037, Categories: Search, Dui
J. Cyrus finds that the lower court properly declined to suppress evidence of a stolen loaded handgun discovered in the console of defendant's car in his trial for unlawful possession of a firearm because the officer seized defendant only after detecting the odor of marijuana on defendant as he responded to a call reporting a suspicious parked vehicle. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: November 17, 2023, Case #: 21-0828, Categories: Firearms, Search
J. Waterman finds that plaintiff was properly denied the right to represent himself concerning involuntary commitment for self-harm, suicidal threats, and refusing to take medication after assaulting police officers. Plaintiff had no federal constitutional right to represent himself in a civil commitment proceeding and failed to preserve error. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: October 13, 2023, Case #: 22-0952, Categories: Constitution, Commitment
J. Waterman finds that the lower court properly denied the state's motion to dissolve a permanent injunction barring enforcement of the “fetal heartbeat” provision of state code chapter 146C, which would prohibit most abortions at six weeks. The state attempted to judicially revive a statute declared unconstitutional in a final judgment that had not been appealed after four years and now wishes to bypass the legislature. Since the court is deadlocked 3-3, the injunction stands. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: June 16, 2023, Case #: 22-2036, Categories: Civil Procedure, Constitution
J. Waterman dismisses claims challenging the ruling that required the state Medicaid program to pay for gender-affirming surgery for two transgender adults because the state already agreed to pay for their surgeries and declined to appeal an adjudication declaring the Medicaid rule which excludes payment for sex reassignment surgery unconstitutional. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: May 12, 2023, Case #: 21–1977, Categories: Constitution, Medicaid