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Company exempt from WARN

The Worker Adjustment and Retraining Notification Act (WARN Act) was not violated when Arthur Andersen laid off employees after it was indicted, the Seventh Circuit held on Feb. 11. Arthur Andersen LLP had 27,000 employees in 80 locations around the ...

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WARN ACT Case Analysis

The decision’s precedential value is undercut, because only half of the analysis will remain applicable to future cases. On the issue of causation, the court concluded, "Andersen could not indict itself. Andersen was not like a company that secretly plotted ...

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Law firm partner not an employee

The Seventh Circuit held on Feb. 15 that a partner in a law firm with only three other general partners is an employer, not an employee, under the civil rights laws. In 1989, James D. Solon joined the law firm ...

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Law Firm Case Analysis

As a case involving whether a partner in a law firm is an employer or employee, the decision has important ramifications beyond employment law. It is noteworthy that, although the court purports to apply the six-factor test of Clackamas Gastroenterology ...

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Contribution for court costs denied

There is no right to contribution with regard to court costs from another nonprevailing party, the Seventh Circuit held on Feb. 7. Roy Griffin was a truck driver employed by Active Transportation Company. One night, as he was driving a ...

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Contribution Case Analysis

The discussion of contribution is noteworthy in two respects: (1) its hostility; and (2) its use of the term "disproportionate" — rather than "discrete" — costs, to describe the only instance in which contribution for court costs would be allowed. ...

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Law schools help public interest graduates

Many lawyers seeking employment in the types of law traditionally considered public interest work soon discover that the market for those positions is tight. But even those who find jobs may wonder whether they can afford to take them. Wisconsin’s ...

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Tampering Case Analysis

The ultimate decision in this case — that Hays’ conduct satisfies the interstate commerce element of 18 U.S.C. 1365(a) — is correct, but the reasoning is unsound, and if taken to its logical conclusion, can lead to convictions in cases ...

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Courts can banish stalker from county limits

"Margaret has been stalking these people for a decade and has ignored previous orders to cease and desist. She has expressed no remorse and exhibits no inclination to discontinue her dangerous fixation on the people she torments. Banishment from Walworth ...

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Banishment Case Analysis

Even though the court of appeals has previously upheld a banishment order in Nienhardt, the analysis in this case bears little resemblance to that case. Although the court stated, after discussing the decision in Nienhardt, "Thus, banishment is not a ...

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Booker case comes home

The ramifications of the U.S. Supreme Court’s decision last month in U.S. v. Booker, to future cases, and to those on collateral review, were explored last Thursday in Waukesha by a panel that included T. Christopher Kelly, the Madison lawyer, ...

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Internet Case Analysis

Given the ubiquity of the Internet, and the growth of Internet-facilitated crime, it is noteworthy that this is the first Seventh Circuit case to consider the legality of a condition of supervised release barring Internet use without permission. Even more ...

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Warranty deed does not bar claim in equity

Execution of a warranty deed does not extinguish a co-tenant’s ability to seek equitable reimbursement for improvements made prior to the deed, the Wisconsin Court of Appeals held on Feb. 1. From 1951 to 1994, brothers Gerald and Emmett O’Connell, ...

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Reimbursement Case Analysis

Even if an "inchoate, potential cause of action in equity" is not an "encumbrance," within the meaning of sec. 706.10(5), as the court found, the decision in this case is nevertheless incorrect, because it is a "lawful claim" within the ...

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Roundtable Discussion

State/Federal Forums Part 2 Choosing to file a case in state or federal court is one of the first and most important decisions a litigator makes. The forum will determine the rules lawyers must follow and the way the case ...

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State Bar plans to join amicus brief

Gov. James M. Brennan The State Bar of Wisconsin has decided to join an amicus brief supporting the University of Michigan Law School in a lawsuit challenging the school’s use of race as a factor in admissions. During its recent ...

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Arbitrators can award punitive damages

“The majority’s result is unnecessary, and unfortunate for Wisconsin farmers and others who sell commodities to organizations capable of litigating until the cows come home.” Hon. Charles P. Dykman In dissent An arbitrator can award attorney fees and punitive damages, ...

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Arbitration Case Analysis

One question raised by the decision is whether there is any substantive difference between the approach adopted by the court and the federal rule that, "arbitrators may award punitive damages unless the arbitration agreement provides otherwise." The court was adamant ...

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Roundtable Discussion

State/Federal Forums Left to Right: Janet L. Heins, Heins Law Office LLC; John D. Finerty Jr., Michael Best & Friedrich LLP; Ann Althouse, UW Law School; Nora M. Platt, Quarles & Brady LLP; Paul J. Scoptur, Aiken & Scoptur SC; ...

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Section 103.43 limited to manual laborers

The Wisconsin Court of Appeals held on Jan. 26 that only manual laborers may recover attorney fees for fraud in the inducement to employment, under sec. 103.43. In 1999, Christina Bellon read an advertisement for a tenure track faculty position ...

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Section 103.43 Case Analysis

Given the weakness of the case for misrepresentation, the case may not be the best candidate for review in the Supreme Court. However, whether sec 103.43 can remain limited to manual laborers, as the court held, without violating the Equal ...

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Moving forward with Booker

Lawyers representing clients in federal criminal cases need to be looking at factors beyond those listed in the federal guidelines when addressing the court about sentencing. That’s one of the important lessons following the U.S. Supreme Court’s recent sentencing-related decisions. ...

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Pool's exculpatory clause held invalid

“It would be unrealistic to require that an employee be authorized to ‘bargain’ about the terms of a release of liability, and it would be unrealistic that an owner always be present at the facility.” Hon. Patience D. Roggensack, Concurring ...

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Exculpatory Case Analysis

In the wake of this decision, all exculpatory clauses in use should be reviewed. However, it is not clear whether it is even possible to draft an enforceable clause after this decision. Two of the deficiencies of the clause in ...

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