Torts – negligence — summary judgment
2010AP2992 Weather Shield Mgf., et al. v. Compass Group USA, et al.
Bauer on anchoring and adjustment; DiMotto on summary judgment
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09-737 Ortiz v. Jordan
Civil Rights Qualified immunity; summary judgment; appeal A party may not appeal a denial of summary judgment based on qualified immunity after a district court has conducted a full trial on the merits. A qualified immunity plea, not upheld at the summary judgment stage, may be pursued at trial, but at that stage, the plea […]
08-4060 MMG Financial Corp. v. Midwest Amusements Park, LLC
Contracts Summary judgment Where a party presented only hearsay in opposition to a summary judgment motion, the motion was properly granted. “Midwest also attacks the evidence MMG submitted in support of its claim that it fulfilled the terms of its contract. Midwest suggests that to succeed on summary judgment MMG must ‘demonstrate that the monies […]
2010AP000759, 2010AP001826, HSBC Bank Nevada NA v. Griswold
Debtor and Creditor Credit card agreement default; summary judgment; sufficiency of affidavits This case arises out of a small claims collection action alleging that Greg Griswold defaulted on credit card payments owed to HSBC Bank Nevada. Griswold appeals the circuit court’s grant of summary judgment to HSBC and the court’s order denying his motion for […]
Changes coming to summary judgment
Minneapolis - Beginning next month, federal court practitioners may need to make some adjustments to their summary judgment motion practice.
2009AP2330, 2010AP19 Countrywide Home Loans Serving LP v. Rohlf, et al.
Property Foreclosure; summary judgment Barbara Rohlf and William Wilde appeal from judgments of foreclosure on their homestead in Winnebago County (hereafter the Oshkosh home) and property they own in Green Lake County (hereafter the Markesan property). They argue that Countrywide Home Loans Servicing LP did not establish that it was the holder of the note […]
2009AP3071 Davis v. City of Milwaukee
Civil Rights Warrantless searches; summary judgment Brian E. Davis, pro se, appeals from the judgment dismissing his action against the City of Milwaukee (City) after he presented his case at trial. See Wis. Stat. § 805.14(3) (2007-08). Davis argues that the trial court should have granted summary judgment on his constitutional unreasonable search claims because […]
08-3420 McCann v. Iroquois Memorial Hospital
Wiretap Act Summary judgment A plaintiff suing under the Wiretap Act is not required to produce direct evidence of intentional interception to survive summary judgment. “Here, the plaintiffs testified that they did not turn on the dictation machine that recorded their private conversation, but that during their conversation Freed walked in and picked up papers […]
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