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Jurisdiction Case Analysis

While the court contends its decision logically and necessarily follows from State v. Jermaine T.J., 181 Wis.2d 82, 510 N.W.2d 735 (Ct.App.1993), and State v. Smith, 131 Wis.2d 220, 388 N.W.2d 601 (1986), the decision is actually an enormous expansion ...

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Order limiting departures held unlawful

“One branch of government cannot compel another to reveal intra-branch deliberations just to slake its curiosity.” Hon. Frank H. Easterbrook 7th Circuit Court of Appeals The Seventh Circuit on Sept. 29 invalidated an order that the government reveal its internal ...

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Departures Case Analysis

The question for attorneys in subsequent cases is whether or not an end run can be made around this decision, merely by invoking appropriate language, and what to do when an apparently sufficient motion is denied. Generally, a court’s decision ...

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Revelations about fire evidence

Imagine it is two years after a fire. The original theory that the toaster caused it is now toast, following a thorough examination by a new fire investigator. Can the real cause still be identified? That could be impossible if ...

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Recreational immunity bars fairgoer suit

“Brenna’s injury was directly related to the condition or maintenance of the Agricultural Society’s real property and the Kautzes’ first challenge to recreational immunity fails.” Hon. Daniel P. Anderson Wisconsin Court of Appeals The Wisconsin Court of Appeals held on ...

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Recreational Immunity Case Analysis

Wisconsin case law has long held that fairgoers are engaged in a recreational activity, and cannot defeat a property owner’s recreational immunity by arguing they are not. Hall v. Turtle Lake Lions Club, 146 Wis.2d 486, 431 N.W.2d 696 (Ct.App.1988). ...

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Judicial Review Analysis

The legislature has little choice but to amend the relevant statutes, to make clear which parties should be named as respondent when appealing administrative decisions to circuit court; it is not acceptable to have a statutory scheme in which it ...

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Slander per se must be inherently defamatory

“Many business people undoubtedly fall within the ambit of employment encompassed by Matchette’s alleged statements to Sherman about Freer and lead proud and productive lives.” Hon. Ralph Adam Fine Wisconsin Court of Appeals Words are not slanderous per se unless ...

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Slander per se Case Analysis

The decision effectively removes from the list of defamation that constitutes slander per se, defamation “affecting the plaintiff in his business, trade, profession, or office.” The classic examples of a statement that fits into this category is stating that a ...

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Diversity Case Analysis

The case at bar could have been decided in two paragraphs. In one, the court could have found that, consistent with longstanding existing precedent, jurisdiction is present. In the second, it could have summarily rejected the malpractice claim that it ...

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Administrative procedure act ambiguous

The Wisconsin Court of Appeals on Sept. 23 held that, even though an aggrieved party under sec. 227.53 served his adversary, rather than the Division of Hearings and Appeals (DHA), which issued the administrative order being appealed, the circuit court ...

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Blakely challenges can’t be waived

The Supreme Court decision in Blakely v. Washington represented such a sea change in sentencing law that no defendant can be deemed to have waived a challenge to his sentence on Blakely grounds, the Seventh Circuit held on Sept. 14. ...

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Blakely Case Analysis

The court’s decision to vacate the sentence, sua sponte, notwithstanding Pree’s failure to raise the issue, is a remarkable change from its previous decisions. As recently as Aug. 31, in U.S. v. Messino, 2004 WL 1925420 (7th Cir., Aug. 31, ...

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Fee changes on horizon

Fees are the common denominator for all lawyers in private practice. That makes it important for Wisconsin lawyers to keep track of potential changes to the rules controlling the handling of fees, according to a Milwaukee lawyer who specializes in ...

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Proposed Changes to fee rules

The following are proposed changes to SCR 20:1.5 that would be part of the comprehensive changes being considered to all of SCR Chapter 20. SCR 20:1.5 Fees (a) A lawyer’s fee lawyer shall be reasonable not make an agreement for, ...

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Negligent bank not liable to subcontractors

“The legislature has balanced the interests of lenders and subcontractors, and we respect that balance.” Hon. Charles P. Dykman Wisconsin Court of Appeals The Wisconsin Court of Appeals held on Sept. 16 that it would contravene public policy to allow ...

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Negligence Case Analysis

Coincidentally, just two days before this decision was issued, Judge Dykman delivered an address to the Dane County Bar Association on the same theme, entitled, “Torts — Wisconsin Does it Differently.” The lesson of both this decision and that speech ...

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Punitive Damages Case Analysis

In addition to the court’s holding for the first time that a defendant cannot raise a due process argument to a punitive damage award where Congress has set a statutory cap, the case is noteworthy for several significant discussions, although ...

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Issue preclusion applied to refusals

A motorist’s success in a refusal hearing precludes the State from using evidence gathered after his arrest in a subsequent drunk driving prosecution, the Wisconsin Court of Appeals held on Sept. 9. Kirk Griese was stopped in Horicon for driving ...

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Refusal Case Analysis

Because this was a misdemeanor case, and was not transferred to a three-judge panel, but was decided by only one judge, it is not eligible for publication in the official reports. Nevertheless, as the only court of appeals decision directly ...

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Malpractice Case Analysis

The case for why the Supreme Court should accept review and decide that Toby should have until he is 18 to file suit was amply made by Judge Dykman in his dissent. Likewise, the case for why the legislature should ...

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Voluntary sale to condemnor inadmissible

“The sales of the adjacent properties were accomplished as part of the airport expansion and the sellers were well aware of the County’s intentions to eventually acquire their land for this purpose.” Hon. Patricia S. Curley Wisconsin Court of Appeals ...

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