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Justices to consider error methodology (access required)

POSTED: Monday, February 20th, 2012 at 2:26 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Few rulings on appeal are as frustrating for a defense attorney as one that holds the defense is correct on the merits, but that the error was harmless.

THE DARK SIDE: The main difference between Madison and Milwaukee? Sand

POSTED: Tuesday, March 1st, 2011 at 8:53 am

BY: David Ziemer, david.ziemer@wislawjournal.com

I was in Madison one day last week. Those of you who enjoy my work will be happy to know that I was not burned at the stake for heresy. Instead, I had a lovely time.

Fast-track departures authorized

POSTED: Thursday, October 14th, 2010 at 11:04 am

BY: David Ziemer, david.ziemer@wislawjournal.com

Shorter prison sentences for illegal aliens convicted of illegal re-entry after deportation are on the way.

Doctor can’t be sued for cybersquatting in distant state

POSTED: Tuesday, October 5th, 2010 at 10:45 am

BY: David Ziemer, david.ziemer@wislawjournal.com

Within three days, the Seventh Circuit issued two opinions both addressing whether a out-of-state business could be sued for cybersquatting.

Trademark law limited to commerce

POSTED: Monday, October 4th, 2010 at 12:15 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

A vanity search on the Internet may result in some dismaying hits. But it is not the basis for a federal lawsuit.

Real party in interest defense waived

POSTED: Thursday, September 23rd, 2010 at 10:03 am

BY: WISCONSIN LAW JOURNAL STAFF

If a defendant does not timely object that the plaintiff is not the real party in interest, the defense can be waived.

Public Image Campaign is constitutional

POSTED: Thursday, September 9th, 2010 at 2:42 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

The State Bar’s use of mandatory dues to fund the Public Image Campaign did not violate the First Amendment.

Disclosure waives work-product privilege

POSTED: Thursday, September 9th, 2010 at 2:36 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

An attorney who discloses information pursuant to court order, despite asserting it is privileged, cannot file an interlocutory appeal of the order to disclose.

Feds won’t speed up state court pace

Longstanding precedent holds that federal courts can’t enjoin state court proceedings, despite the state court defendant’s claim that the proceedings violate federal rights. Younger v. Harris, 401 U.S. 37 (1971).

Redacted attorney bills sufficient

When requesting attorney fees in federal court pursuant to a contractual fee-shifting provision, rather than a statute, the attorney can submit redacted bills that omit descriptions of the work performed.

Internal investigations outside of Title VII

POSTED: Friday, September 3rd, 2010 at 3:34 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

An employee’s participation in internal investigations is not protected activity under Title VII.

Judge Siefert denied en banc review

POSTED: Wednesday, September 1st, 2010 at 4:30 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

The Seventh Circuit has denied Milwaukee County Circuit Court Judge John Siefert’s request for rehearing en banc on his lawsuit challenging portions of Wisconsin’s Code of Judicial Conduct.

Restrictions on judges upheld

POSTED: Tuesday, August 31st, 2010 at 10:45 am

BY: David Ziemer, david.ziemer@wislawjournal.com

An Aug. 20 opinion from the Seventh Circuit addressing Indiana’s Code of Judicial Conduct effectively immunizes some provisions in Wisconsin’s code from constitutional challenge, as well.

Commentary: Judicial nominations – then and now

POSTED: Tuesday, August 3rd, 2010 at 12:41 pm

BY: dmc-admin

President Obama has appointed UW law professor Victoria Nourse to replace retiring Judge Terence Evans on the Seventh Circuit.

Needless to say, it’s not a choice I would make. For me, the simple fact that she wrote an article in the California Law Review last year entitled “A Tale of Two Lochners,” in which she asserts that Lochner v. New York, 198 U.S. 45 (1905), was incorrectly decided, is sufficient reason for me not to like the nomination.

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