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Limited Remand Case Analysis

The decision is not the first to review the reasonableness of a sentence after a Paladino remand, but it is significant, nevertheless. In U.S. v. Mykytiuk, No. 04-1196, 2005 WL 1592956 (7th Cir., July 7, 2005), the court affirmed a ...

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Sixth Amendment Case Analysis

The decision is noteworthy for a couple of reasons. First, the court appears sympathetic to the argument that the interrogation by federal agents in this case did violate the right to counsel. The court could easily have stated that it ...

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Illegal evidence may be used at sentencing

Statements taken in violation of the right to counsel may be considered at sentencing, the Seventh Circuit held on July 28, where the purpose of the interrogation was not to gather evidence against the defendant, but against co-conspirators. Paul A. ...

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Defamation Case Analysis

The decision is a good candidate for review in the Supreme Court, and attorneys whose clients are adversely affected by it should preserve the issue for further review, because there is substantial authority from other jurisdictions to the contrary. The ...

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Defamation complaint not covered by insurance

“Although the section of the complaint specifically discussing defamation did not use magic words like ‘wanton and willful,’ ‘malicious,’ ‘purposeful,’ or ‘intentional,’ … a fair reading of the complaint as a whole warrants the conclusion that the plaintiffs accuse Elliott ...

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FDCPA Case Analysis

The court wrote, "The FDCPA was created to protect consumers from abusive practices by debt collectors." The decision shows what can happen if attorneys attempt to use the FDCPA as a sword, rather than as a shield, and then miss ...

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FDCPA threat leads to sanctions

A law firm was properly sanctioned for responding to a client’s dunning letter with a frivolous threat to sue under the Fair Debt Collection Practices Act, the Seventh Circuit held on July 18. Judith A. Kelly wrote a bad check ...

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Damage Cap Case Analysis

The two most significant questions raised by the decision are whether any damage cap can survive constitutional scrutiny, and whether other provisions of Chapter 655 governing medical malpractice can. The majority opinion and the concurrence repeatedly claim that the decision ...

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Med mal damage cap violates constitution

The Wisconsin Supreme Court on July 14 held the state’s cap on noneconomic damages in medical malpractice actions unconstitutional. Matthew Ferdon was born partially paralyzed and has a deformed right arm. At trial for medical malpractice, the jury awarded $700,000 ...

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Constitution Case Analysis

The greatest impact of the two decisions is not the particular holdings themselves, but that, in criminal cases, the Wisconsin Constitution will no longer be interpreted in lock-step with the U.S. Constitution. Suppression motions that previously would have been patently ...

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Jurisdiction Case Analysis

The decision restores important procedural safeguards that were jettisoned when the court of appeals held that nothing more is necessary for personal jurisdiction to attach than that a delinquency petition be filed. The court of appeals had quoted as support ...

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Med mal damage cap violates constitution

The Wisconsin Supreme Court on July 14 held the state’s cap on noneconomic damages in medical malpractice actions unconstitutional. Matthew Ferdon was born partially paralyzed and has a deformed right arm. At trial for medical malpractice, the jury awarded $700,000 ...

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Recording Case Analysis

The biggest question raised by the decision is when, not if, interrogations of adults will be required to be electronically recorded, as well as those of juveniles. Although the court cited some studies suggesting that juveniles are more susceptible to ...

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Juvenile interrogations must be recorded

The Wisconsin Supreme Court on July 7 adopted a rule requiring police to electronically record all juvenile interrogations. In doing so, the court reversed a published decision of the court of appeals, In the Interest of Jerrell C.J., 2004 WI ...

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Claim Preclusion Case Analysis

The dissent’s concerns about the majority opinion seem to overstate the consequences in several ways. First, it must be noted the majority and dissent did not agree on the facts. The dissent asserts that Menard was continuing to return merchandise ...

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Defect is compulsory counterclaim

“Menard’s suit is merely an attempt to collaterally attack the original judgment by raising defenses and counterclaims to Liteway’s original suit and avoid the circuit court’s determination that the failure to raise these claims in a timely fashion did not ...

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10 Commandments Case Analysis

The decision completely changes the law in the Seventh Circuit, where longstanding monuments have been held unconstitutional, and recent public displays upheld. The governing law in the circuit comes from long-running litigation involving Elkhart County, Indiana. As in Texas, the ...

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Ten Commandments cases split

The U.S. Supreme Court issued its long-awaited decisions on the Ten Commandments on June 27, holding that a monument that had stood in a public square for decades was constitutional, but holding that the Establishment Clause was violated by a ...

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Frivolous Appeals Case Analysis

The decision in this case promised more than was delivered, for the court could have done much more than merely direct that the court of appeals give an attorney the opportunity to respond before finding an appeal frivolous. For example, ...

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Competency Case Analysis

Although none of the four opinions in these cases refers to Chief Justice Abrahamson’s concurrence in Village of Trempeleau v. Mikrut, 2004 WI 79, 273 Wis.2d 76, 681 N.W.2d 190, attorneys should be well aware of it, for it is ...

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