Court Error – Presentence Investigation Report
Keith Melvin hoped to obtain a copy of his presentence investigation report before his sentencing hearing.
FLSA Violation – Arbitration Agreements
The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. (“FLSA”), requires employers to pay overtime wages to certain employees, see id. §§ 207(a), 213.
Plea Withdrawal – ACCA Violation
Albert Dowthard pleaded guilty to being a felon in possession of a firearm. 18 U.S.C. § 922(g).
Immigration – Removal Order
Jorge Baez-Sanchez, a citizen of Mexico, is removable as a criminal alien. His conviction for aggravated battery of a police officer renders him inadmissible.
Immigration – Removal Order
Ismael Rangel-Rodriguez and Eleazar Hernandez-Perdomo are both Mexican citizens who have never been lawfully admitted to the United States.
Sentencing Guidelines – Enhancement
Police found over 80 grams of red methamphetamine in a car.
Class Action – FDCPA Violation – Plain Language
Neal Preston brought this putative class action in which he claimed that Midland Credit Management, Inc. (“Midland”), had sent him a collection letter that violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692–1692p.
Judgment – Liability
The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., requires the collector of a consumer debt to send the consumer-debtor a written notice containing, among other information, “the name of the creditor to whom the debt is owed.” § 1692g(a)(2).
ERISA – Fiduciary Duty
In Fifth Third Bancorp v. Dudenhoeffer, 573 U. S. 409 (2014), we held that “[t]o state a claim for breach of the duty of prudence” imposed on plan fiduciaries by the Employee Retirement Income Security Act of 1974 (ERISA) “on the basis of inside information, a plaintiff must plausibly allege an alternative action that the defendant could have taken that would have been consistent with the se[...]
Bankruptcy – Automatic Stay
Under the Bankruptcy Code, filing a petition for bankruptcy automatically “operates as a stay” of creditors’ debt collection efforts outside the umbrella of the bankruptcy case. 11 U. S. C. §362(a).
Successor Liability Claim – De Facto Merger
Lunda Construction Company (Lunda) alleges that Veritas Steel, LLC (Veritas), and third-party defendants Atlas Holdings, LLC (Atlas), and Bridge Fabrication Holdings, LLC, took unfair advantage of PDM Bridge, LLC's (PDM) loan defaults, "with the intent to gain ownership of PDM's lucrative steel fabrication business for grossly inadequate consideration through a secretive, unlawful and fraudulent p[...]
Ineffective Assistance of Counsel
Sterling Olsen appeals a judgment of conviction for armed robbery as a party to the crime and an order denying postconviction relief.
Legal News
- Wisconsin attorney loses law license, ordered to pay $16K fine
- Former Wisconsin police officer charged with 5 bestiality felony counts
- Judge reject’s Trump’s bid for a new trial in $83.3 million E. Jean Carroll defamation case
- Dozens of deaths reveal risks of injecting sedatives into people restrained by police
- The Latest: Supreme Court arguments conclude in Trump immunity case
- Net neutrality restored as FCC votes to regulate internet providers
- Wisconsin Attorney General asks Congress to expand reproductive health services
- Attorney General Kaul releases update at three-year anniversary of clergy and faith leader abuse initiative
- State Bar leaders remain deeply divided over special purpose trust
- Former Wisconsin college chancellor fired over porn career is fighting to keep his faculty post
- Pecker says he pledged to be Trump campaign’s ‘eyes and ears’ during 2016 race
- A conservative quest to limit diversity programs gains momentum in states
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula