A recent decision from the Wisconsin Court of Appeals affirmed that the University of Wisconsin Hospital could pursue a hospital lien against a Medicare-eligible patient even after the Medicare billing period had expired.
A Wisconsin appeals court says prosecutors legally charged an unknown suspect using only DNA markers rather than a full profile.
A recent decision by the Wisconsin Court of Appeals looked at the Omnibus Statute as it applied to an insurance claim involving a Menards employee.
At first blush, a recent Wisconsin Court of Appeals decision doesn’t appear to affect family law cases at all.
Wisconsin’s attorney general has appealed two voter identification cases to the state Supreme Court.
The law sometimes works in mysterious ways.
See how the state’s circuit court judges fared when their decisions were reviewed in the Court of Appeals, and how the judges fared if their decisions were later reviewed by the Wisconsin Supreme Court.
If dictionaries were written by lawyers, one of the definitions for “frustration” would say “finding a case directly on point, but being unable to cite it because it is unpublished.”
Parties can appeal a circuit court’s ruling on insurance coverage issue, even though liability has not been established at trial.
Even though a contractor negligently installed a new window in an office building, and the property owner had no notice of the defect, the owner also is responsible for a worker’s injuries that resulted from the negligence.
More than three years ago, the Wisconsin Court of Appeals held that an employee’s discrimination claim under the Wisconsin Fair Employment Act is not barred, even though federal courts have already rejected the same claim based on federal law.
Wisconsin Court of Appeals CIVIL PUBLISHED Employment Discrimination; issue preclusion Where a discrimination claim filed with the EEOC was found untimely, the same claim filed with the ERD is also untimely. “Here, Aldrich was represented by counsel in the federal proceedings and could have sought review of the federal court decision. The question of law [...]
On May 11, the Wisconsin Court of Appeals held that the trial court’s ruling must be affirmed unless it is clearly erroneous.
Torts Medical malpractice; informed consent Ty Rubedor appeals a judgment and order following a jury verdict finding in favor of Dr. Douglas Kopp on Rubedor’s claim that Dr. Kopp failed to adequately obtain his informed consent prior to performing a medical procedure on his heart. Rubedor contends that the circuit court erred in limiting the [...]
Property Misrepresentation; property condition report; economic loss doctrine Daniel and Suzanne Thelen entered into an agreement with the Thomas and Delores Cremer Revocable Trust for the purchase of commercial property. As part of that agreement, the Thelens received a condition report signed by Delores Cremer stating that, to the extent past remodeling had occurred, the [...]
Civil Commitment Treatment; fifth standard Civil commitment is available under the fifth standard for individuals who have dual diagnoses — a diagnosis of mental illness and, in addition, a diagnosis of either drug dependency or developmental disability. “We agree with the County and the circuit court. Reading Wis. Stat. § 51.20(1)(a)1. together with the fifth [...]
Criminal Procedure Speedy trial The State appeals from an order dismissing the criminal prosecution against Mary K. Benz due to the denial of Benz’s right to a speedy trial. The State argues it should not be faulted for the bulk of the delay and that, on balance, Benz was not prejudiced. We disagree with the [...]
Motor Vehicles OWI; reasonable suspicion Allen L. Resch appeals from his third offense conviction of operating a motor vehicle while intoxicated in violation of Wis. Stat. §§ 346.63(1)(a) and 346.65(2)(am)3. Specifically, Resch appeals the trial court’s order denying his motion to suppress the initial stop and the imposition of field sobriety tests. The issues on [...]
Property Bailments Plymouth Glass Co., LLC appeals from a small claims judgment. The circuit court entered a replevin judgment in favor of 2671 LLC after it found that Plymouth Glass failed to return a set of glass panels to 2671 LLC. When the glass panels could not be returned, the court granted 2671 LLC a [...]
Civil Commitment Alzheimer’s disease Alzheimer’s disease is not a qualifying mental condition for commitment pursuant to Chapter 51. “[T]he primary purpose of Wis. Stat. ch. 51 is to provide treatment and rehabilitation services for the individuals described in ch. 51’s legislative policy. Wis. Stat. § 51.001. Even if we were to assume, which we do [...]
Sexually Violent Persons Discharge hearings A research paper contending that sex offenders are less likely to recommit as they get older is insufficient to entitle a sexually violent person to a discharge hearing. “Richard argues that Combs held that a new actuarial table by itself is enough to demonstrate that an offender is no longer [...]
1st-degree reckless homicide Intervening cause Termination of life support is not a defense to homicide. Under Wisconsin law, whether the intervening act was negligent, intentional and/or legally wrongful is irrelevant. The analysis is the same. The State must still prove beyond a reasonable doubt that the defendant’s acts were a substantial factor in producing the [...]
Criminal Procedure Ineffective assistance of counsel It was not ineffective assistance of counsel for an attorney representing a defendant charged with attempted first-degree intentional homicide, not to object to the submission to the jury of recklessly endangering safety while armed as a lesser included offense. “The recklessly endangering safety instruction stated that the offense has [...]
Parole and Probation Revocation Adam Howard, pro se, appeals an order of the circuit court affirming a Division of Hearings and Appeals decision sustaining revocation of his parole. We conclude that the Division’s decision was appropriate and we affirm the circuit court. Affirmed. This opinion will not be published. 2009AP3058 State ex rel. Howard v. [...]
Property Shoreland zoning A property owner could properly rely on a county’s zoning map to identify the ordinary high water mark of a lake and determine that a proposed sign was outside the county’s zone of shoreland authority. “While the County attempts to shift the inquiry to measurements of the 1,000 foot line, the proper [...]
Insurance Property damage Allen Balsiger appeals a summary judgment determining his maintenance of the Town of Lafayette’s property record cards was not “property damage,” and therefore, no coverage existed under his American Family Mutual Insurance Company policy. Balsiger asserts the circuit court erred by granting summary judgment because there was “property damage,” the damage was [...]
Criminal Procedure Law of the case The State appeals an order suppressing the contents of Anthony Crawford’s duffel bag. In a previous appeal State v. Crawford, No. 2008AP2472-CR, unpublished slip op. (WI App June 23, 2009), this court reversed Crawford’s conviction and directed the circuit court to suppress evidence seized after Crawford’s unlawful arrest. The [...]
Evidence Other acts; expert testimony Joseph Evans appeals from a judgment of conviction for the first-degree intentional homicide of his estranged wife and criminal damage to property. Evans challenges the admissibility of other acts evidence and expert testimony. We reject Evans’ arguments and affirm. Affirmed. This opinion will not be published. 2010AP1294-CR State v. Evans [...]
1st-degree Intentional Homicide Sufficiency of the evidence Deangelo J. Johnson appeals from a judgment of conviction entered on a jury’s verdict, on one count of first-degree intentional homicide. He contends there is insufficient evidence to support the verdict. We reject this argument and affirm. Affirmed. This opinion will not be published. 2010AP1567-CR State v. Johnson [...]
Motor Vehicles OWI; prior convictions George McGee appeals a judgment convicting him of operating while intoxicated (OWI), fourth offense, and an order denying his motion to collaterally attack one of his prior OWI convictions. Specifically, McGee contends his second OWI conviction cannot be used to enhance his sentence because he did not validly waive his [...]
