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Certification of Appeal

By: Derek Hawkins//April 18, 2016//

Certification of Appeal

By: Derek Hawkins//April 18, 2016//

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WI Supreme Court

Case Name: Yasmine Clark et al v. American Cyanamid Company, et al.

Case No.: 2014AP775

Focus: Certification of Appeal

Tie vote causes case to be remanded.

“This court accepted jurisdiction over this appeal upon certification by the court of appeals. Wis. Stat. § 809.61 (2013-14) (“The supreme court may take jurisdiction of an appeal or other proceeding in the court of appeals upon certification by the court of appeals or upon the supreme court’s own motion.”). We have often stated that when a tie vote occurs in this court on a bypass or certification, “justice is better served in such an instance by remanding to the court of appeals for their consideration.” New Richmond News v. City of New Richmond, 2015 WI 106, ¶2, 365 Wis. 2d 610, 875 N.W.2d 107 (per curiam) (quoting State v. Richard Knutson, Inc., 191 Wis. 2d 395, 396-97, 528 N.W.2d 430 (1995) (per curiam) (remanding to court of appeals on a tie vote on certification)).”

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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