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Iowa Supreme Court Opinions February 1, 2013 PDF Print E-mail
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Written by Iowa Judical Branch   
Friday, 01 February 2013 15:00
Iowa Supreme Court Opinions

February 1, 2013

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

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NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 11–0570

DALE BOELMAN and NANCY BOELMAN vs. GRINNELL MUTUAL REINSURANCE COMPANY

No. 11–1637

HARDIN COUNTY DRAINAGE DISTRICT 55, DIVISION 3, LATERAL 10 vs. UNION PACIFIC RAILROAD COMPANY

 
Celebrating the Italian-American Connection PDF Print E-mail
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Written by Ginny Grimsley   
Thursday, 31 January 2013 14:23
During International Creativity Month, Researcher Salutes Contributions

The population of the United States is defined by diversity, and one of the brightest pieces in this mosaic is the Italoamericani community, says author and business consultant Lou Quattro.

“All cultures bring valuable gifts to the table, but the Italian/Sicilian people and culture are especially clever and creative,” says Quattro, who was born in Italy and work for 10 years, with Sicilians in property development in Italy, where he learned many nuances and insights into the island’s culture and history. He authored “I Siciliani (The Sicilians),” www.louquattro.com.

International Creativity Month is celebrated in January – a reminder for all of us about how essential it is to be innovative if we want to be successful. A great example is the Sicilians, who are very right-brained in their approach to life. They’ve had to be resourceful because of their rough history, in which various rulers – Greeks, Romans, Arabs, Normans, French and Spanish at one time or another conquered and controlled them. Some of the conquerors were particularly cruel and brutal imposing new taxes, languages, cultures and religions.

“Necessity is the Mother of Invention” was never truer than in Sicilia (Sicily) throughout the ages. I think creativity is firmly set in their DNA.”

The list of modern creative celebrities alone is impressive: Martin Scorsese, Frank Sinatra, Al Pacino, Sylvester Stallone, Sal Mineo, Cyndi Lauper and Frank Zappa, to name just a few, he says.

Quattro reviews the major contributions of Italian-Americans. Not coincidentally, many hail from southern regions where there is less opportunity, hence, more need for creative resourcefulness:

• Food: Sicilians have come up with dozens of different dishes just for potatoes! Because the majority of the island’s population have lived as peasants for centuries, they have been forced to devise creative ways to prepare accessible foods. Recipes such as bruschetta pair basic yet highly complementary ingredients for unfettered goodness. Of course, the legacy of Italy’s food can be found everywhere today, from America’s relatively recent love affair with espresso to cooking essentials like olive oil, garlic and wine, to our favourite easy meal, pizza.

• Family values: Go to an Italian-American friend’s home for dinner and you’re sure to experience what it’s like to be part of a big, tight-knit family. With more than 17 million Italian-Americans, making up 6 percent of the U.S. population, you likely have an Italian friend in your circle. Tight family bonds carry over from the old country, along with a devotion to the Roman Catholic Church.

• New World pioneers: While America was settled by the English, it was Italian explorers Christopher Columbus, Amerigo Vespucci and Giovanni da Verrazzano who cleared the way for Europeans to explore the New World. Later generations of Italians, artisans and craftsmen, created the familiar landscape of our capital; they were brought to Washington, D.C., to help build America’s most important national monuments.

• American folklore – the mafia: Southern Italians were generally not treated well in their mother country, and, initially, there were not a well-treated minority in America. This fuelled the old Sicilian tradition of La Cosa Nostra – the mafia – in Italian-American communities. While many are weary of this stereotype, the mob has become an integral part of Americana, and the country’s young but rich history.

• Iconic Americans: Joe DiMaggio, Frank Sinatra and Madonna were among the unofficial American royalty in the 20th century for their talent and charisma. Other Italian-American history makers include Nobel Prize winner Enrico Fermi for his work in physics, New York mayors Rudy Giuliani and Fiorello LaGuardia, Justices Samuel Alito and Antonin Scalia and former House Speaker Nancy Pelosi, among many others.

About Lou Quattro

Born in Italy and raised in Canada, Lou Quattro is a business strategist specializing in helping, privately owned ad agencies or communications firms. He spent 25 years in the advertising agency/communications business at McKim Advertising and BBDO Canada, a worldwide organization, as CFO and COO. Quattro also has extensive training in psychotherapy and is a professional accountant. He moved to Tuscany to write and to reconnect with his roots in 2002. He is currently based in Canada, helping independently owned agencies who share values like, employee ownership, creativity, transparency and ethical behavior.

 
Iowa Supreme Court FURTHER REVIEW RESULTS PDF Print E-mail
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Written by Iowa Judical Branch   
Thursday, 31 January 2013 14:16

January 15, 2013

DENIED:

 

NUMBER

COUNTY

CASE NAME

 

 

10–0739

Iowa

Fagan v. State

10–0901

Black Hawk

Walker v. State

10–0968

Polk

Cross v. State

11–0778

Polk

State v. Runge

11–0814

Scott

State v. Bell

11–0837

Polk

Brodene v. State

11–0923

Black Hawk

State v. Latiker

11–0941

Chickasaw

Brandes v. State

11–0944

Polk

Jackson v. State

11–1213

Scott

State v. Miller

11–1231

Bremer

State v. Pothast

11–1298

Webster

Joslin v. Howell

11–1308

Scott

State v. Amos

11–1319

Jasper

State v. Eilander

11–1346

Cerro Gordo

State v. Dietrich

11–1440

Marshall

In re Marriage of Greimann

11–1515

Linn

State v. Frazier

11–1547

Pottawattamie

In re Estate of Sorenson-Peters

11–1583

Woodbury

Gengler v. Orozco

11–1610

Jasper

State v. Sanders

11–1620

Black Hawk

State v. Hughes

11–1768

Polk

State v. Walker

11–1949

Humboldt

State v, McCullough

11–1991

Black Hawk

State v. Anderson

11–2000

Davis

State v. Steen

11–2001

Floyd

State v. Young

11–2071

Cerro Gordo

Barz v. State

11–2083

Polk

State v. Hopkins

11–2102

Monona

Woodward v. Bd. of Supervisors

12–0002

Dallas

In re Estate of Burger

12–0028

Black Hawk

In re Estate of Frye

12–0046

Scott

State v. Tolbert

12–0065

Worth

Hoeft v. Fleetguard

12–0097

Wapello

Fish v. Wapello County

12–0144

Johnson

State v. Anderson

12–0147

Scott

State v. Henning

12–0197

Black Hawk

State v. Anderson

12–0271

Story

State v. Barney

12–0328

Polk

Booth v. State Public Defender

12–0382

Mitchell

In re Estate of Foster

12–0439

Des Moines

U.S. Bank v. Vahle

12–0571

Des Moines

State v. Halverson

12–0597

Polk

McMicheal v. MidAm. Energy

12–1604

Plymouth

In re A.M.A., M.A.A., J.M.K., and J.F.M.

12–1613

Johnson

In re T.E.M.

12–1736

Story

In re D.E. and V.E.

12–1839

Woodbury

In re E.D.

GRANTED:

 

 

NUMBER

COUNTY

CASE NAME

 

 

11–1214

Des Moines

State v. Pearson

11–1448

Johnson

Christiansen v. IBEE

11–1784

Dallas

Rivera v. Woodward Resource

12–0126

Johnson

Moad v. Libby

 
STEPS SCHOOLS CAN TAKE TO PROTECT AND NURTURE CHILD DEVELOPMENT PDF Print E-mail
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Written by Mary Clare Reynolds   
Thursday, 31 January 2013 14:13
January 30, 2013 – Pittsburgh, PA. – A forum, funded by The John Merck Fund, will take place in San Antonio,
Texas as an important part of the International Annual Conference of the Learning Disabilities Association of
America at the Grand Hyatt San Antonio Hotel on Wednesday, February 13 at 7:00 PM. The session, “Brain
Food: How Nutrition, Chemical Exposures and Genetics Interact, and Steps Schools Can Take to Protect and
Nurture Children’s Development” is open to the public.

The important session will focus on the ways nutrition, chemical exposures, and genetic makeup can interact to
affect brain development and learning. Toxicologist, food and nutrition expert and special education teacher,
Renee Dufault, will speak on the latest scientific insights on how food ingredients and chemicals can interact
and lead to adverse health effects. A panel of educators and administrators from the San Antonio area will
respond to the presentation and discuss steps schools and parents can take to help protect and nourish young
minds.

The 50th Annual LDA Conference, February 13 – 16, 2013, presents 200 sessions that address early childhood
issues, school and career subjects as well as the latest research in best practices that concern children and adults
with learning disabilities, their parents, teachers and other professionals who support them. Hundreds of
teachers, parents and administrators from Texas and across America will gather conference week to share ideas,
new methods and products (Exhibit Hall). This is a conference where parents, teachers and researchers work
together.

On Saturday morning, February 16, “Finding Your Future: Career Opportunities” will bring mini-sessions and
exhibitors with information on postsecondary education and training to young adults with learning disabilities.
Families will be able to talk to top experts in high school to college transition and look at options and get
information that will help in the planning process.

LDA is a non-profit organization of parents, professionals and adults with learning disabilities providing
support, information, and advocacy on behalf of individuals with learning disabilities.

For further information go to www.ldaamerica.org/conference/index.asp

###

 
Statement from Governor Quinn on President Barack Obama’s Plan for Immigration Reform PDF Print E-mail
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Written by Ryan C. Woods   
Thursday, 31 January 2013 14:11

CHICAGO – January 29, 2013. Governor Pat Quinn today welcomed the call by President Barack Obama to take immediate action on immigration reform in America:

“Immigration reform in our nation is long overdue, and I applaud President Obama for his comprehensive plan to fix our broken immigration system. This plan will strengthen border security while providing a path to citizenship for millions of undocumented immigrants in the United States. Most importantly, it will keep families together.

“I am proud that Illinois is leading the nation when it comes to welcoming all people. Just this week, I signed a bill to improve traffic safety and ensure that undocumented immigrants in Illinois will be able to be properly licensed to drive. I also fought for the Illinois Dream Act, a historic law that is opening up education opportunities that will help Illinois children pursue their dreams.

“We must always ensure that everybody is in and nobody is left out.”

###

 
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