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Civil Digest

Apr 8, 2020

ICARA – Habitual Residence

Petitioner Monasky, a U. S. citizen, asserts that her Italian husband, respondent Taglieri, became abusive after the couple moved to Italy from the United States.

Apr 8, 2020

Pension Benefits – Jurisdictional Defect

In 1979, the Office of the Superintendent of Catholic Schools of the Archdiocese of San Juan created a trust to administer a pension plan for employees of Catholic schools, aptly named the Pension Plan for Employees of Catholic Schools Trust (Trust).

Apr 8, 2020

Mootness

J.J.H. petitioned for review of the decision of the court of appeals, Waukesha Cty. v. J.J.H., No. 2018AP168, unpublished order (Wis. Ct. App. Jan. 30, 2019), dismissing her appeal as moot.

Apr 8, 2020

Claim Preclusion

The Town of Perry (the "Town") acquired a portion of property belonging to DSG Evergreen Family Limited Partnership ("DSG") through its power of eminent domain.

Apr 8, 2020

Sentencing Guidelines – Double Jeopardy – Multiplicity

Fond du Lac County sheriff's detectives arrested Mr. Brantner at the Kenosha County courthouse and transported him to the Fond du Lac County jail to face criminal charges unrelated to this case.

Apr 7, 2020

Mandamus Relief

The respondents in this appeal, who were the plaintiffs in the circuit court, are three Wisconsin taxpayers and registered voters.

Apr 7, 2020

Abuse of Discretion – Eviction

Tree Lane Apartments, LLC (“the landlord”) issued 5-day notices to terminate the tenancies of Kimberly Gaddis and Pamela Windom, both based on alleged nonpayment of rent.

Apr 7, 2020

OWI – Suppression of Evidence

Michael Kingsley appeals a judgment convicting him of operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood, as a fifth offense, and felony bail jumping, both as repeaters.

Apr 7, 2020

Insurance Claim – Duty to Defend

This is an insurance coverage dispute between Paustian Medical & Surgical Center, S.C., and IMT Insurance Company involving the determination of whether IMT owes a duty to defend or indemnify its insured, RC Heating & Cooling, against the claims that Paustian has brought against RC.

Apr 7, 2020

Ineffective Assistance of Counsel

Rosalee Tremaine appeals a judgment of conviction and an order denying her postconviction motion.

Apr 7, 2020

Statutory Interpretation – Nonsecure Custody Sanction

This case involves the interpretation of the phrase “not more than 10 days” in WIS. STAT. § 938.355(6)(d)1.

Apr 7, 2020

OWI – Warrantless Search – Probable Cause

Lois M. Bertrand appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense, with a passenger under the age of sixteen pursuant to WIS. STAT. §§ 346.63(1)(a) and 346.65(2)(f)2.

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