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2009AP2026 Leonard, et al. v. Lynn, et al.

Family Unmarried cohabitation; unjust enrichment Richard Lynn appeals a judgment determining damages owed to Elizabeth Leonard for unjust enrichment. The judgment followed after Richard stipulated that he was unjustly enriched during a period of cohabitation with Elizabeth. The court awarded ...

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2009AP2741 Patti-Marshall LLC v. Austin, et al.

Antitrust Restraints on trade; homeowner associations Patti-Marshall, LLC, appeals from a summary judgment order dismissing Delighla Sebastian-Brehm from this multi-claim lawsuit arising from a dispute among members of a homeowners’ association. Patti-Marshall contends there are material facts in dispute regarding ...

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2010 Up and Coming Lawyers photo gallery

Twenty-six of Wisconsin’s best and brightest young attorneys were honored Aug. 31 at the Wisconsin Club during the Wisconsin Law Journal’s Up and Coming Lawyers event. More than 250 honorees and guests attended the event. Honorees were selected from more than 75 nominations in a wide range of practice areas – everything from criminal defense to trusts and estates to the city attorney’s office. For more photos from the event, see the Sept. 6 issue of the Wisconsin Law Journal.

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09-2710 U.S. v. Lupton

Evidence Expert testimony The expert testimony of an attorney was properly excluded where the witness offered only legal opinions as evidence. “Even if Greenberg had been qualified as an expert, however, the district court would still have been within its ...

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09-3090 Lin v. Holder

Immigration Asylum; China Where Chinese asylum seekers two children were born in the United States, rather than China, they failed to show a presumption of future prosecution through sterilization if removed to China. “We find that the IJ’s conclusion, as ...

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09-1347 Chapin v. Fort-Rohr Motors, Inc.

Employment Retaliation; constructive discharge Although a supervisor threatened to fire an employee if he didn’t withdraw an EEOC charge, the employee was not constructively discharged where the employer repeatedly assured him he was not terminated, even though he didn’t withdraw ...

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09-1102 & 09-1112 Badger Catholic, Inc., v. Walsh

Constitutional Law Freedom of speech; university student funds The University of Wisconsin violated students’ free speech rights by refusing to fund student organizations that engaged in prayer, proselytizing, or religious instruction. “We deferred action on this appeal while the Supreme ...

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2010AP713-CR State v. Ellifritz

Obstructing an Officer Sufficiency of the evidence Jennette Ellifritz appeals from a judgment of conviction for obstructing a police officer contrary to Wis. Stat. § 946.41(1). On appeal, Ellifritz argues that the evidence the jury used to convict her of ...

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2010AP622-CR State v. Jury

Motor Vehicles OWI; reasonable suspicion Charles G. Jury pled to operating a vehicle while intoxicated, 4th offense, after he lost his motion challenging the stop. On appeal, he again challenges the stop-asserting that it was made without reasonable suspicion. But ...

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2010AP862 City of Oshkosh v. Selquist

Motor Vehicles OWI; reasonable suspicion Richard A. Selquist appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC) of .10 or greater, a violation of Wis. Stat. § 346.63(1)(b). Selquist raises only one ...

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2008AP2766-D OLR v. Lister

Professional Responsibility Suspension Where attorney Ryan D. Lister did not exercise due diligence in representing a client, failed to keep the client reasonably informed, violated his duties upon termination of representation, and failed to cooperate with the OLR, a 60-day ...

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09-2689 Kone v. Holder

Immigration Asylum; FGM The BIA must consider an asylum claimant’s contention that, if removed, her citizen-daughter would be subjected to female genital mutilation. “Other circuits have also recognized the possibility that the prospect of FGM of one’s child can constitute ...

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10-1016 Wolfe v. Schaefer

Constitutional Law First Amendment A candidate for public office cannot sue his opponent for disclosing that he is under criminal investigation. “The rejection in Paul v. Davis of a liberty or property interest in reputation casts doubt on the propriety ...

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09-3471 Forrest v. Prine

Civil Rights Excessive force The mere fact that a detainee was tasered in the face is insufficient to conclude that the officer acted maliciously. “[O]n this record, it simply would not be permissible for a jury to infer from the ...

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09-2737 & 09-2620 Wickens v. Shell Oil Co.

Civil Procedure Discovery sanctions The district court did not abuse its discretion in not dismissing a case as a sanction for failure to disclose insurance arrangements. “The choice of a proper sanction for violations of the discovery rules, however, lies ...

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2009AP1092-CR State v. Heimermann

Sentencing Modification; frivolous appeals Scott Alan Heimermann appeals from an order summarily denying his motion for sentence modification. The issues are whether any of the following postconviction developments constitute new factors warranting sentence modification: (1) Heimermann’s patent and technology business; ...

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2009AP1724-CR State v. Ludwig

Homicide by Intoxicated Use of Vehicle Constitutionality Dawn Ludwig pled no contest to two counts of homicide by intoxicated use of a motor vehicle, three counts of first-degree reckless endangerment, and one count of operating a motor vehicle while intoxicated, ...

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2009AP123 Edwards v. Kotlarek, et al.

Civil Procedure Default judgment; excusable neglect Michael Kotlarek appeals a default judgment entered in favor of Jack Edwards. Kotlarek argues the circuit court erred by denying his motions to vacate and reopen the default judgment, and otherwise enlarge the time ...

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MU opens new law school

Wisconsin Law Journal reporter Jack Zemlicka and photographer Corey Hengen accompanied Marquette Law School Dean Joseph D. Kearney and University Architect Tom Ganey on a tour of the new 200,000 square-foot law school, Ray and Kay Eckstein Hall.

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