Decisions
This section of the Web Site contains opinions selected by individual Judges for posting and is not intended to constitute a complete set of opinions for the district or any Judge. The decisions are organized by categories listed on the lower left portion of this page. If you would like to do a word search of the entire database or individual categories you may do so by clicking on the search button below.


CategoryCase NameDate Filed
Show details for B - BankruptcyB - Bankruptcy
Show details for COM/CON - Commercial/Contract LitigationCOM/CON - Commercial/Contract Litigation
Show details for CONLAW/FEDJUR - Constitutional Law/Federal Courts/Federal JurisdictionCONLAW/FEDJUR - Constitutional Law/Federal Courts/Federal Jurisdiction
Show details for CR - Civil RightsCR - Civil Rights
Show details for CRIM - Criminal Law and ProcedureCRIM - Criminal Law and Procedure
Show details for EMP - Employment LawEMP - Employment Law
Show details for ENV/PUBHEALTH - Environmental Law/Public Health/Safety LawENV/PUBHEALTH - Environmental Law/Public Health/Safety Law
Show details for IP - Intellectual PropertyIP - Intellectual Property
Show details for MED/SS - Medicare/Social Security/Similiar ProgramsMED/SS - Medicare/Social Security/Similiar Programs
Hide details for OtherOther
TRUENORTH COMPANIES, LC, TRUENORTH PRINCIPALS, LC v. TRUNORTH WARRANTY PLANS OF NORTH AMERICA, LLC Order on defendant's motion for judgment on the pleadings on plaintiffs' mark dilution claim. The motion was procedurally improper under Rule 12(c) for judgment on the pleadings because defendant had not provided an answer to the allegations. It was also improper under Rule 12(b)(6) for failure to state a claim upon which relief can be granted because defendant had already filed a Rule 12(b)(2) motion and its motion did not fall under the exceptions identified in Rule 12(g)(2). Nonetheless, the court determined that under the spirit of Rule 1, the motion was ripe for consideration. Court found that plaintiffs failed to state a plausible claim of mark dilution based on the fame element. Plaintiffs' allegations, if true, would support the mark's fame only with regard to a niche market and not the "general consuming public" as required under 15 U.S.C. § 1125(c). Plaintiffs' mark dilution claim was dismissed with prejudice. 02/08/2018Leonard T. Strand
Catherine Bohn v Cedar Rapids Community School District11/18/2016Edward J McManus
USA v $33,621.0008/17/2016Edward J McManus
Na-Churs Plant Food v IRS08/16/2016Edward J McManus
USA v $33,621, et al07/29/2016Edward J McManus
Security National Bank v. Abbott Laboratories (Order sanctioning lawyer for obstructive disposition practices; Court discusses the impropriety of “form” objections, witness coaching, and excessive interruptions during depositions.)07/28/2014Mark W. Bennett
Attorney's Process & Investigative Services, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa; Order holding that tribal court lacks jurisdiction over tribe's conversion claim against non-Indian08/18/2011Linda R. Reade
Luken v. Edwards (Case brought under Title III of the Omnibus Crime and Control and Safe Streets Act of 1968, as amended by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2520 (“Title III” or “the Act”) for intercepted telephone calls between plaintiff and other individuals, including his attorney, with pendent claims for invasion of attorney-client privilege, invasion of privacy, and under Iowa’s wiretapping act, Iowa Code § 808B.8; motion to dismiss for failure to state a claim; concluding that Amended Complaint’s factual allegations that plausibly stated claims under Title III, Iowa Code § 808B.8, and invasion of privacy, but dismissing invasion of attorney-client privilege claim because it is not recognized under Iowa law.05/03/2011Mark W. Bennett
United States v. Two Hundred Fifty-Six Thousand Two Hundred Thirty-Five Dollars and Ninety-Seven Cents ($256,235.97), et al.; order denying claimant's motion for summary judgment in forfeiture03/08/2010Linda R. Reade
Great Lakes Comm. Corp. v. Iowa Utilities Board -- Report and Recommendation on plaintiffs' motion for preliminary injunction to prevent enforcement of one clause of IUB Order requiring reclamation of all telephone numbers assigned to Great Lakes. In considering the Dataphase factors, and in particular the plaintiff's likelihood of prevailing on the merits, the court analyzed the IUB Order and applicable regulations and recommended that a preliminary injunction be issued.11/17/2009Paul A. Zoss
Handke ex rel. Estate of Davis v. Astrue - Order on motion for attorney's fees and costs under Equal Access to Justice Act and 42 USC 406(b)05/16/2008Paul A. Zoss
Lewis v. J&M P'ship, F&F Inv, Air Mak & E. James Freyberger-Ruling on Motion to Extend Time (failure to obtain extension of time the result of excusable neglect, showing of good cause to extend pleadings deadline)04/04/2008Jon Stuart Scoles
Flynn v. Farmer Masonry, Inc. and Dwayne Farmer, Individually (motion to quash lien on real estate; homestead exemption, Iowa law)02/06/2008Jon Stuart Scoles
Russell A. Folkers vs. City of Waterloo, Iowa, Darrel Johnson, in his individual capacity and as Animal Control Officer for City of Waterloo, Iowa, and Maria Tiller, in her individual capacity and as Animal Control Officer for the City of Waterloo, Iowa (Report and Recommendation re preliminary injunction--dangerous dog)10/12/2007Jon Stuart Scoles
USA vs. Leland Richard Vinton (motion to quash subpoena for billing statement)08/16/2007Jon Stuart Scoles
USA vs. Tony Eugene Goodson (conflict of interest for attorneys)08/07/2007Jon Stuart Scoles
USA vs. Greg Alan Johnson (Report and Recommendation on involuntary treatment of psychotropic medication to restore competency for trial)05/17/2007Jon Stuart Scoles
USA vs. Abdel-Ilah Elmardoudi (allow deposition of witness)04/30/2007Jon Stuart Scoles
Attorney's Process and Investigation Services, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa; Plaintiff filed a motion for preliminary injunction to enjoin an action pending in the Court of the Sac and Fox Tribe of the Mississippi in Iowa; defendant previously brought a suit in that court against plaintiff alleging various torts; plaintiff alleged the tribal court did not have jurisdiction over it because it is a non-Indian; plaintiff further alleged it would be irreparably harmed if the tribal court action were to proceed because the tribal court is biased, it would not be allowed to assert a counterclaim against the Tribe, and the 2003 contract it entered into with the Tribe contains an arbitration clause; Court found it did not have jurisdiction over the lawsuit; court denied plaintiff's claim that exhaustion of tribal court remedies would be futile and stayed the federal action pending the exhaustion of tribal remedies; court determined the tribal court must, in the first instance, determine the extent of its own jurisdiction 11/15/2005Linda R. Reade
United Fire & Casualty Company v. Applied Financial, Inc.; Order re defendant Applied Financial, Inc.’s motion to dismiss for lack of personal jurisdiction or, in the alternative, transfer to Utah 10/28/2005Linda R. Reade
United States v. B.H.; After the defendant was committed under Iowa law to outpatient care and subsequently released, he sought to repossess firearms seized prior to his commitment. The state argued he was not entitled to the return of his firearms under state and federal law; the state court judge ruled against the state and ordered the firearms to be returned to the defendant. The US Attorney's Office subsequently filed a declaratory judgment action asking this court to declare the firearms contraband as to the defendant due to his prior commitment. The court held the US Attorney's Office was virtually represented by the state in the prior proceeding and thus was precluded from pursuing the civil action in this court.07/07/2005Linda R. Reade
Sac & Fox Tribe of the Mississippi in Iowa Election Board v. Bureau of Indian Affairs, Midwest Regional Director and Office of the Assistant Secretary-Indian Affairs, Aurene M. Martin, First Assistant and Principal Advisor; motion to dismiss filed by current election board; case dismissed because the motion to dismiss raises intra-tribal disputes regarding (1) any election board's authority under the Tribe's Constitution to file a lawsuit in federal court and, if so, (2) which election board is the proper plaintiff in this suit 03/02/2005Linda R. Reade
American Express Financial Advisors, Inc. v. Richard Yantis; This preliminary injunction motion arises in the context of a restrictive covenant in a franchise agreement. After applying the Dataphase factors, the court found the plaintiff/franchisor demonstrated the likelihood of success on the merits, the threat of irreparable harm, the balance of harm and the public interest all weighed in favor of granting a preliminary injunction against the defendant/former franchisee. 02/28/2005Linda R. Reade
Ranger Insurance Company v. Farmers National Company, et al (Memorandum Opinion and Order on motion for summary judgment filed by one defendant. In denying summary judgment in this premises liability case, court briefly discusses standard, under Iowa law, for a property owner to be held liable to a lessee's invitee; and effect of a party withdrawing or amending a pleading in which the party initially made an admission.)12/17/2004Paul A. Zoss
Iowa Protection and Advocacy Services, Inc. v. Tanager Place and Tanager, Inc.; Order on permanent injunction09/30/2004Linda R. Reade
In the Matter of American Commercial Lines LLC as the Owner and American Commercial Barge Line LLC as Operator, of the Barge “PV548B”, in a case for exoneration from and/or limitation of liability; motion for entry of injunction and notice to claimants; shipowner’s liability limited pursuant to the Limitation of Liability Act, 46 U.S.C. App. § 181.) 05/26/2004Linda R. Reade
Trustees of the Five River Carpenters District Council Health and Welfare Fund and Trustees of the Five River Carpenters Joint Apprenticeship and Training Committee Fund v. Steiner Construction, Inc.; Order on motion for default judgment; defendant failed to make contributions to ERISA funds; award of delinquent contributions, liquidated damages, interest, attorney’s fees and costs03/16/2004Linda R. Reade
Stephen C. Leonard v. John F. Ault, William H. Soupene, Harry Brown, Steve Hebron, Russell Behrends, Mike Bickford, Marvin Kurt, Kathy Lint, Phil Kauder, Nancy Kucera, John Spence, Gary Maynard, Dennis Labarge, Sue Vanamcrongen; Order on plaintiff's motion to alter or amend judgment regarding denial of in forma pauperis status pursuant to three strikes provision 28 U.S.C. Section 1915(g)12/02/2003Linda R. Reade
Transamerica Financial Life Insurance Co., et al. v. Merrill Lynch & Co., Inc.; Order on motion for remand and abstention; analysis of whether the action is "related to" the pending Enron bankruptcy in SDNY; application of mandatory abstention, permissive abstention and equitable remand11/17/2003Linda R. Reade
Morgan v. Morgan (Petition for Return of Child pursuant to The Convention on the Civil Aspects of International Child Abduction (CCAICA), and the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq.; Temporary Restraining Order and Order for Expedited Hearing; Order to Appear at Show Cause Hearing)08/28/2003Mark W. Bennett
Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, vs. United States of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants; Sac & Fox Tribe of the Mississippi in Iowa, and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, vs. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr., Ray A. Young Bear, Frank Black Cloud, Keith Davenport and Deron Ward, Cross-claim Defendants; United States of America, for the National Indian Gaming Commission, Plaintiff, vs. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants,Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, vs. United States of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants; Sac & Fox Tribe of the Mississippi in Iowa, and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, vs. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr., Ray A. Young Bear, Frank Black Cloud, Keith Davenport and Deron Ward, Cross-claim Defendants; United States of America, for the National Indian Gaming Commission, Plaintiff, vs. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants,Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, vs. United States of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants; Sac & Fox Tribe of the Mississippi in Iowa, and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, vs. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr., Ray A. Young Bear, Frank Black Cloud, Keith Davenport and Deron Ward, Cross-claim Defendants; United States of America, for the National Indian Gaming Commission, Plaintiff, vs. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants,Sac & Fox Tribe of the Mississippi in Iowa, a federally recognized Indian tribe; Homer Bear, Jr., individually and as Chairman of the appointed Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, individually and as the Acting General Manager and Casino Manager of Meskwaki Bingo•Casino•Hotel, a subordinate enterprise of the Sac & Fox Tribe of the Mississippi in Iowa, Plaintiffs, vs. United States of America and Philip N. Hogen, individually and as Chairperson of the National Indian Gaming Commission, Defendants; Sac & Fox Tribe of the Mississippi in Iowa, and Alexander Walker, Jr., as Chairman of the Federally Recognized Tribal Council of the Sac & Fox Tribe of the Mississippi in Iowa, Intervenors, vs. Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr., Ray A. Young Bear, Frank Black Cloud, Keith Davenport and Deron Ward, Cross-claim Defendants; United States of America, for the National Indian Gaming Commission, Plaintiff, vs. Alexander Walker, Jr.; Homer Bear, Jr.; Sac & Fox Tribe of the Mississippi in Iowa; and Renetta Plander, Defendants05/22/2003Linda R. Reade
Cedarrapids, Inc. vs. Chicago Central & Pacific Railroad Company d/b/a Canadian National/Illlinois Central Railroad; Order on plaintiff's motion to remand and defendant's motion to dismiss05/21/2003Linda R. Reade
Antunez-Fernandes v. Connors-Fernandes; Order on petition for return of children; father petitioned court under the Hague Convention to return his children to France; analysis of whether father established prima facie case of wrongful removal and retention of children by their mother in the United States; whether any of the following exceptions under the Hague Convention permit children to remain in the United States; (1) whether father acquiesced in children's removal and retention; (2) whether action was commenced more than one year after removal, (3) whether children are well settled in their environment, (4) whether return to France would expose children to a grave risk of harm, and (5) whether the court should consider the wishes of children; even if one exception applies, court may in its discretion nevertheless order the return of children to further the aims of the Hague Convention04/25/2003Linda R. Reade
AUSA Life Insurance Co., et al. v. Citigroup, Inc., et al.; Order on motion for remand and abstention; analysis of whether the action is "related to" the pending Enron bankruptcy in SDNY; application of mandatory abstention, permissive abstention and equitable remand04/24/2003Linda R. Reade
Sac and Fox Tribe of the Mississippi in Iowa; Alex Walker, Jr.; Frank Wanatee; Jr.; Lyle Walker; Aaron Walker; Calvin Johnson, Sr.; Vern Jefferson; and Talbert Davenport, Sr. vs Homer Bear, Jr.; Wayne Pushetonequa; Harvey Davenport, Jr.; Ray A. Young Bear; Frank Black Cloud; Keith Davenport; Deron Ward; Wells Fargo Bank Iowa, N.A.; State Bank of Toledo; Home Federal Savings Bank; Order on motion for temporary restraining order; assessment of federal question subject matter jurisdiction under general U.S. trust responsibilities toward Indian affairs, Indian Gaming Rights Act, or Racketeering Influenced and Corrupt Organizations Act04/15/2003Linda R. Reade
Show details for POSTPRO - Post-trial ProcedurePOSTPRO - Post-trial Procedure
Show details for PREPRO/DISC/EVID - Pre-trial Procedure/Discovery/EvidencePREPRO/DISC/EVID - Pre-trial Procedure/Discovery/Evidence
Show details for PRIS - Prisoners' Rights and Post-Conviction ReliefPRIS - Prisoners' Rights and Post-Conviction Relief
Show details for ProcedureProcedure
Show details for STAT - Statutory InterpretationSTAT - Statutory Interpretation
Show details for TORTS - Torts (Non-commercial)TORTS - Torts (Non-commercial)
Show details for (Not Categorized)(Not Categorized)