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Court considers emotional distress

The Wisconsin Supreme Court is considering whether a claim for negligent infliction of emotional distress can be brought in a medical malpractice case. The court has allowed parents to seek compensation for the negligent infliction of emotion distress in accident ...

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Of Jerry Maguire and mission statements

Thomas R. Streifender Everyone scoffs at Jerry Maguire when he unveils his grand mission statement. In the lesser-known Office Space, the movie’s twenty-something hero leads a revolt against his bosses, in part because they are constantly "cramming mission statements down ...

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Privilege Case Analysis

The initial reaction to the decision is that, whenever a married man is charged with a sex crime, he cannot invoke the spousal privilege to prevent his wife from testifying. The court’s repeated references to "sexual relations," and "sex crimes," ...

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Arbitration Case Analysis

The decision overturns the applicable law to the contrary in the Seventh Circuit, most recently applied in J.E. Liss & Co. v. Levin, 201 F.3d 848 (7th Cir. 2000). As a consequence of that, issues previously decided by the Seventh ...

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Standards adopted for amending pleadings

Hon. Margaret J. Vergeront Under Section 802.09(1), a court may permit amendment of the pleadings, even after summary judgment has been granted to the opposing party, the Wisconsin Court of Appeals held on Dec. 5. However, the court held that ...

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Amendment Case Analysis

The decision is highly suspect because it is premised upon an unfounded assumption — that there is a different standard for a plaintiff’s motion to amend pleadings after summary judgment for the defendant than after judgment upon a verdict. The ...

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Supreme Court hears bad faith case

The state Supreme Court is considering whether it is appropriate to preserve $3.5 million in punitive damages on a case that the District II Court of Appeals has remanded to the circuit court for a trial on bad faith. Although ...

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Lease Case Analysis

An interesting question could arise on remand if it is ultimately determined that the Goldammers breached the lease — whether they waived any objections to the unlawful attorney’s fees provision. A number of statements by the court suggest that, by ...

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Immunity Case Analysis

Should the decision in this case receive further review in the Wisconsin Supreme Court, that portion of the decision abrogating Mary Anne’s immunity is all but certain to be reversed. The court of appeals in this case set forth section ...

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Plea Agreement Case Analysis

Given the importance of this issue, it should be expected that the State will seek review in the Wisconsin Supreme Court, and that review will be granted. In the meantime, a flood of motions from prisoners affected by this decision ...

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Appeals court defines 'in the care of'

Hon. Michael W. Hoover The Wisconsin Court of Appeals on Nov. 19 adopted an eight-factor test for determining when a person is "in the care of" an insured, under a homeowner’s policy. No Smoking Virginia Kriegel owned a home insured ...

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Care Case Analysis

This is a decision that will apply not only when a plaintiff is asserting that a negligent party was in the care of another, but also when a defendant asserts that an injured party was in his or her care. ...

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Self-Incrimination Case Analysis

The decision leaves open a number of questions for future cases, concerning both the Fifth Amendment and waiver issues. In a footnote, the court stated, "The parties and the amicus disagree about whether immunity should extend to admissions made during ...

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High court discusses stipulated vacatur

The state Supreme Court continues to look at a proposal designed to keep litigants from bargaining with court decisions. Last week, the court resumed discussions on a proposal to eliminate stipulated reversal and stipulated vacatur. The Supreme Court "approved in ...

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Inaccurate info results in vacated sentence

Hon. Charles B. Schudson Where a prosecutor informed the court on several occasions at sentencing that a defendant beats pregnant women, without factual basis for that assertion, the sentence must be vacated, the Wisconsin Court of Appeals held on Nov. ...

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Sentencing Case Analysis

If published as recommended, the decision has potential to be of enormous usefulness to defense attorneys handling appeals. It goes without saying that bringing a postconviction motion to challenge a sentence as having been based on inaccurate information is one ...

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Standing Case Analysis

The decision in this case that Lake Country lacks standing to bring the suit is consistent with the case law. Unfortunately, however, the court’s analysis only further muddles what is already a very convoluted body of case law concerning standing ...

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Taxpayer needs pecuniary loss to have standing

Hon. Harry G. Snyder Without a pecuniary interest, a taxpayer cannot bring a suit for declaratory judgment challenging a municipality’s zoning amendment or the creation of a Tax Incremental Financing District (TID), the Wisconsin Court of Appeals held on Nov. ...

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Guarantor

The decision here is a good one to keep handy for use in dissuading clients who wish to guarantee their children’s loans from doing so. The question is whether anything can be done for those clients who persist in their ...

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Stiffer sentence after appeal upheld

The imposition of a longer sentence after a successful appeal of the original sentence by the defendant did not violate due process, the Wisconsin Court of Appeals held on Oct. 30, where the victim’s condition had worsened since the original ...

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