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Unauthorized Practice Case Analysis

As aggressive as Judge Murphy’s actions may appear, they would certainly be welcomed by anyone who has ever had to deal with organizations like NLPA. There is no reason why state court judges in Wisconsin should not be able to ...

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Roundtable Discussion

Oral Arguments Last month, the Wisconsin Law Journal brought together a group of veteran appellate attorneys and appellate judges to discuss the issues related to preparing and presenting oral arguments. Editor Tony Anderson moderated the discussion on March 20, which ...

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School Staff Case Analysis

It is reasonable to think that, even if the court had found the statute ambiguous, it would have affirmed the conviction of Kaster. As the court noted, regardless of when his formal duties as coach may terminate, the contract plainly ...

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Child abuse investigation held unconstitutional

Section 48.981(3)(c)(1) is unconstitutional to the extent it authorizes government officials to conduct an investigation of child abuse on private property without a warrant, probable cause, consent, or exigent circumstances, the Seventh Circuit held on April 16. Nevertheless, the court ...

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Investigation Case Analysis

It should be expected that the most frequent applications of this decision will not be in civil rights actions in federal court, like this case, but in state court, where defendants attempt to use it to suppress evidence against them. ...

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Doctor can be forced to testify as expert

“Understanding that the ‘particularly harsh sanction’ of dismissal would inevitably follow from acceding to Dr. Koh’s wishes, Judge White reasonably exercised discretion in ordering his testimony and denying Dr. Plante’s motion to dismiss.” Judge Charles B. Schudson Wisconsin Court of ...

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Expert Testimony Case Analysis

For all of the ample reasons stated by Judge Curley in her dissent, this decision was clearly decided incorrectly, and it should be expected that, if published or reviewed by the Supreme Court, it will ultimately be overruled. An additional ...

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IOLTA remains in place

"Under our rules, the client then makes a claim, it’s reviewed, they can then be paid their interest from the IOLTA funds. They can be made whole.” Patricia K. Ballman State Bar President The U.S. Supreme Court ruling upholding the ...

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Senate considers adopting Daubert

“Jurors are like computers; garbage in, garbage out.” J. Ric Gass The Wisconsin Senate’s Committee on Judiciary, Corrections and Privacy held a public hearing on April 9 on a bill that would amend Wisconsin’s rules of evidence to make expert ...

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Zoning/Platting distinction abolished

“Any regulation relating to the ‘quality’ of a subdivision must necessarily consider the ‘most appropriate use’ of land. We cannot fathom how an ordinance can consider the most appropriate use of land if it cannot consider the use of land.” ...

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Zoning Case Analysis

Effectively, the decision in the case at bar does exactly what Justice Prosser says — gives municipalities authority to downzone land by use of its extraterritorial subdivision powers. A property owner can still challenge a platting decision that usurps zoning ...

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Appeals judge moves to Supreme Court bench

Hon. Patience Roggensack Having served on the District IV Court of Appeals, Pat Roggensack is no stranger to the Supreme Court courtroom. That’s where her Madison-based appellate court hears its oral arguments. Come August, Roggensack will have a new perspective ...

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Standing Case Analysis

There is a reason that the court made its holding on the standing issue as though it were a matter of undeniable common sense, rather than citing precedent to support it — no such precedent exists, either in the Seventh ...

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BOG discusses amicus issue

“I felt very strongly that the Executive Committee was not only authorized, but required, to consider member feedback before deciding whether to move forward.” Patricia K. Ballman Members of the State Bar’s ruling body engaged in a lengthy discussion March ...

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Expenses Case Analysis

As an appeal from a small claims action decided by one judge, the decision cannot be published and is of no precedential value. Inasmuch as it concerns an issue as important as attorneys getting reimbursed for their expenses, however, it ...

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Variance Case Analysis

If the decision in this case is any indication, judges and attorneys may soon be longing for reestablishment of the use and area variance distinction. The two opinions in this case run to 59 paragraphs, and still manage to confuse ...

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‘Probably’ is enough to prove causation

“While we find these bright-line tests useful in establishing important factors to be considered within our pre-existing causation framework, we decline to adopt a bright-line rule regarding causation for fear of over-simplifying such a complex issue.” Hon. Patricia S. Curley ...

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Asbestos Case Analysis

Because of the diverse citizenship of defendants in asbestos litigation, which frequently entails many defendants, forum selection is always an important consideration for parties. Parties thus need to look at this decision, and evaluate whether Wisconsin state courts are a ...

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BOG defeats pro bono reporting

“All we are doing is gathering information to find out what people are, or are not doing.” Earl H. Munson Jr. The State Bar Board of Governors has voted down a proposal that would have petitioned the State Supreme Court ...

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Veteran judge 'will be missed'

Hon. Marianne E. Becker Waukesha County Circuit Court Judge Marianne E. Becker is remembered for bringing compassion and dedication to the bench. Becker, 61, died March 10 after suffering a stroke one day earlier. The 18-year veteran was in the ...

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Judges can't prohibit home monitoring

“The legislature has left county jail oversight to the sheriff, and the trial court’s decision to prevent home monitoring when jail time is ordered as a probation condition interferes with those responsibilities.” Judge Thomas Cane Wisconsin Court of Appeals A ...

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Home Monitoring Case Analysis

The decision marks the death knell for “straight-time” sentences, in which circuit courts order that the sheriff not permit a defendant to serve his time on home monitoring. As common as such orders are, the decision is not unexpected. As ...

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Other acts admissible in predator action

“The evidence was not offered to show Franklin’s character trait in order to draw the inference that he acted in conformity with that trait on a previous occasion. Rather, the evidence was offered to prove an element of the State’s ...

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Other Acts Case Analysis

The decision in this case, combined with the decision in Wolfe, invariably will mandate that what traditionally is called "other acts evidence" is admissible in Chapter 980 actions. Nevertheless, the decision in this case, if published, will create a conundrum ...

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