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2009AP626-CR State v. Steed

Criminal ProcedureIneffective assistance; self-representation Robert Steed appeals from a judgment convicting him of first-degree reckless homicide, delivery of counterfeit heroin, and from two counts of delivery of heroin. He also appeals an order denying his postconviction motion in which he ...

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Publisher’s Note

For our second Women in the Law event, I knew we would hear stories about Wisconsin’s female practitioners’ hard work, dedication, leading by example and ability to overcome obstacles. But I am pleased to say I was surprised at how ...

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Who’s Doing What?

DeWitt Ross & Stevens announces the addition of Scott M. Paler to the Employment Relations and Litigation groups. Paler joins the firm as an associate in the firm’s Madison office. Paler previously worked at one of the nation’s largest labor ...

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Attendance rebounds at State Bar gathering

After several years of declining numbers, the State Bar of Wisconsin’s Annual Convention enjoyed a surge in 2010 attendance. According to the bar, 854 people attended last year’s conference held in Milwaukee, the lowest total in four years. But almost ...

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Commentary: Letter to the Editor

Dear Mr. Ziemer, I am writing to agree with much of your rant (“Wanted: Litigators, not social workers,” April 19 about the trend to make social workers out of trial lawyers. My problem is that you use the term “litigator” ...

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06-1619 U.S. v. Apria Healthcare Group, Inc.

Civil ProcedureQui tam actions Where other pending qui tam actions regarding the same conduct were settled, they are no longer pending, and the later filed qui tam action should be dismissed without prejudice. "The district court dismissed the complaint with ...

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2008AP552-CR State v. Jensen

Criminal ProcedureVenue; public officials Under sec. 971.19(12), venue for an action against a public official alleging misconduct in public office is in the county where the defendant resides. "We must interpret a statute to promote, not to contravene, its statutory ...

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Insurance may lead to more suits

Mandatory auto insurance liability coverage is on the horizon. Combine that with higher minimum requirements already in effect and attorneys are preparing for the possibility of more litigation. As of June 1, Wisconsin will become the 49th state to require ...

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10-1383 FTC v. Trudeau

Civil ProcedureSummary contempt Where a party's actions occurred outside the courtroom, it was improper for the district court to convene the parties and enter a finding of summary contempt. "The record in this case is devoid of any suggestion that ...

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2007AP2617-D OLR v. Anderson

Professional ResponsibilitySuspension Where attorney Scott F. Anderson was not diligent in a case, failed to keep his client informed, and failed to explain matters to the client, a 60 day suspension is warranted. “We are not persuaded a monetary penalty ...

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09-1010 Carmichael v. Village of Palatine

Civil RightsStop and detention; qualified immunity Where officers had no factual basis for stopping the plaintiffs at gunpoint, they are not entitled to qualified immunity on the plaintiffs’ claim that they were unreasonably searched and seized. “The record before us ...

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2009AP2393-CR State v. Dewitt

Motor VehiclesOWI; unreasonable detention Cody Dewitt appeals the judgment of conviction for operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC) of .08 or more, in violation of Wis. Stat. § 346.63(1)(a) and (b) ...

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09-1815 U.S. v. Ramirez

SentencingCareer offenders; plain error On plain error review, a defendant sentenced as a career offender bears the burden of showing that prior convictions were not violent felonies. “On plain-error review, the burden of demonstrating both error and prejudice is on ...

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08-974 Lewis v. City of Chicago

EmploymentRace discrimination; timeliness A plaintiff who does not file a timely charge challenging the adoption of a practice may assert a disparate-impact claim in a timely charge challenging the employer’s later application of that practice as long as he alleges ...

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08-CV-0779 Lemmerman v. Wal-Mart Stores, Inc.

EvidenceExpert testimony; reliability Where an expert witness conducted no experiments to support his conclusions, nor relied on any experiments of others, his testimony is not scientifically reliable and is inadmissible. “Most troubling for the court is not so much what ...

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2010 Women in the Law

More than 200 attorneys, judges and supporters celebrated the Wisconsin Law Journal’s Women in the Law event on May 21 at the Italian Community Center. The luncheon event highlighted the achievements of 21 prominent females working in the legal profession ...

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09-2020 & 09-2021 Alvarez v. City of Chicago

EmploymentFLSA It was error to order employees’ claims under the FLSA to proceed through arbitration rather than collective action. “A district court has wide discretion to manage collective actions. See Hoffmann-La Roche v. Sperling, 493 U.S. 165, 171 (1989). However, ...

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08-1569 U.S. v. O’Brien

Criminal ProcedureRight to jury trial; sentencing The fact that a firearm was a machinegun is an element to be proved to the jury beyond a reasonable doubt, not a sentencing factor to be proved to the judge at sentencing. Given ...

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Practices trend toward specialization

A general practitioner can be hard to define, but Madison lawyer Chris A. Jenny said there’s at least one good way to make that determination. “If you talk to someone who has difficulty telling you what he or she does ...

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08-661 American Needle, Inc., v. NFL

AntitrustConcerted action; athletic leagues The NFL and its teams are not a single entity incapable of concerted action under the Sherman Act. The NFL teams do not possess either the unitary decisionmaking quality or the single aggregation of economic power ...

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08-1341 U.S. v. Marcus

Criminal ProcedurePlain error Under plain error review, it is not sufficient to grant a new trial that it is possible that the jury could have convicted the defendant based on conduct that occurred before enactment of the statute. The Second ...

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