Quantcast
Home / Legal News (page 364) /

Legal News

Privilege Case Analysis

The decision is important for holding, without any doubt, that the expectations of clients — that the attorney-client privilege is sacrosanct — will be enforced. The court of appeals’ decision, by contrast, greatly threatened that expectation. The court of appeals ...

Read More »

Refusal Case Analysis

The decision marks the end of a half-year of confusion over exactly what is the accepted procedure for statutory construction in Wisconsin courts. The court devoted a great deal of ink to debating the proper procedure at the end of ...

Read More »

Supreme Court upholds search

In New York v. Belton, 453 U. S. 454 (1981), the U. S. Supreme Court took a hint from noted search and seizure guru and professor, Wayne La Fave, who observed: “ A highly sophisticated set of rules, qualified by ...

Read More »

‘Prime-Plus’ approach adopted in cramdowns

“The [coerced loan] approach overcompensates creditors because the market lending rate must be high enough to cover factors, like lenders’ transaction costs and overall profits, that are no longer relevant in the context of court-administered and court-supervised cramdown loans.” Justice ...

Read More »

Cramdown Case Analysis

Although only four justices found the prime-plus rate the proper approach to apply, that is the effective rate that lower courts should use when the cramdown provision is invoked. One justice thinks it too high, and four too low, but ...

Read More »

2003 spawns 3 bad faith decisions

“When a case comes to you with bad facts where you know there has been a mistake, bite the bullet early, pay the damages and get out.” Ann Lampiris Several appellate decisions last year regarding bad faith claims have left ...

Read More »

Court may correct sentencing errors

“This was not a case where, upon mere reflection, the circuit court decided to increase Gruetzmacher’s sentence. Gruetzmacher’s sentence was not increased, and the circuit court merely corrected its mistake.” Hon. N. Patrick Crooks Wisconsin Supreme Court The Wisconsin Supreme ...

Read More »

Sentence Case Analysis

The court’s decision seems to adopt all three of the Wisconsin Court of Appeals’ decisions since U.S. v. DiFrancesco, 449 U.S. 117 (1980), as well as the result, if not the reasoning, in State v. North, 91 Wis.2d 507, 283 ...

Read More »

Forum Selection Case Analysis

The decision marks a sea change in the analysis for determining the validity of forum selection clauses, but the ultimate results reached may not differ significantly. The applicable law in Wisconsin, which the court inexplicably chose not to apply, is ...

Read More »

Indian Gaming Case Analysis

Although it is not certain, it appears that the 1992 and 1998 compacts, at issue in Dairyland Greyhound Park, Inc. v. Doyle, (No. 03-0421), will remain intact. In Dairyland, Justice Jon P. Wilcox recused himself, and the result was a ...

Read More »

Section 893.22 does not apply to disabled

“In situations where a cause of action has more than one year remaining under its statute of limitations, sec. 893.22 simply does not apply.” Hon. Thomas Cane Wisconsin Court of Appeals When a mentally disabled person dies before expiration of ...

Read More »

Disability Case Analysis

By only holding that sec. 893.22 does not apply, and declining to decide whether death constitutes cessation of disability, the court leaves two interpretations of sec. 893.16 available. However, it would be folly for any plaintiff’s attorney to think that ...

Read More »

Discovery Case Analysis

The decision effectively guts sec. 971.23(7m)(a) of its teeth, at least when it is the State that fails to comply with discovery requirements. Glaringly absent from the court’s discussion is any attempt to distinguish a case with nearly identical facts, ...

Read More »

Failure to pay jury fee excusable

“That a trial might be easier without a jury does not trump the constitutional guarantee; many cases present complex issues of law and fact.” Hon. Ralph Adam Fine Wisconsin Court of Appeals A court cannot deny a party a jury ...

Read More »

Excusable Neglect Case Analysis

The decision is clearly contrary to both statute and long-standing precedent. The full text of sec. 801.15(2)(a), which the court neglects to state, is as follows: “When an act is required to be done at or within a specified time, ...

Read More »

Supreme Court issues two TPR decisions

Hon. Diane S. Sykes The Wisconsin Supreme Court held on April 28 that a circuit court in a termination of parental rights (TPR) proceeding may grant partial summary judgment on the issue of unfitness, and that evidence regarding a parent’s ...

Read More »

TPR Case Analysis

The two cases establish the following clear set of rules for trial courts in TPR cases to follow: (1) If a statutory ground for unfitness can be established by documentary evidence, and no evidence in opposition is presented, partial summary ...

Read More »

Impeachment Case Analysis

Although the decision is contrary to the precedents of the Wisconsin Supreme Court, attorneys representing clients in state court should still be familiar with it for use as persuasive authority, and to preserve the issue for potential federal habeas corpus ...

Read More »