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05-C-0454 Andrews v. Chevy Chase Bank FSB

Consumer ProtectionTILA; attorney fees A defendant's offer to settle a TILA case does not negate a prevailing plaintiff's attorney fees. "Defendant requests that I adjust the lodestar downward, but I decline to do so. Defendant contends that plaintiffs achieved less ...

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2008AP2694-CR State v. Murray

SentencingModification; new factors Ricky James Murray appeals from an order denying his motion for modified sentences. He contends that he is entitled to resentencing on new factors, and because he was sentenced on inaccurate information. We reject his arguments and ...

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09-2764 Egonmwan v. Cook County Sheriff's Department

EmploymentDiscrimination; pretext Where evidence supported a finding that a correctional officer was having sex with inmates, his termination was not race or sex discrimination. "[T]he defendants offer legitimate, nondiscriminatory reasons for their actions: (1) Burns's letter stated that officers in ...

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2009AP1272-CR State v. Dumas

OMVWOOCSufficiency of the complaint; probable cause Olton Lee Dumas appeals from a judgment of conviction for taking and driving a motor vehicle without the owner's consent as a repeat offender. Dumas argues that: (1) the circuit court was deprived of ...

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2009AP1463-CR State v. Knapp

EvidencePrior convictions David Knapp appeals a judgment of conviction for operating while intoxicated, third offense, entered upon a jury verdict, and an order denying his motion for mistrial. Knapp moved for a mistrial after the jury heard inadmissible testimony suggestive ...

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09-2820 Schaaf v. Astrue

Public HealthDisability benefits Even though a disability claimant lost one arm, it was not error for the ALJ to find that he was not disabled. "Schaaf seemingly contends that because the ALJ did not point to contradictory evidence (expecting, perhaps, ...

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08-3500 Dexia Credit Local v. Rogan

RemediesPreliminary injunctions; objections; waiver Where a party objected to a temporary restraining order, she did not waive her objections on the same grounds to a later preliminary injunction. "We decline to find waiver here. Although arguments not raised before the ...

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09-3285 U.S. v. Chapa

Criminal ProcedureWaiver of appeal Where a defendant waived his right to appeal, and acknowledged in the plea agreement that he might not be eligible for a safety valve reduction, his appeal arguing mutual mistake when he did not receive the ...

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Brennan wins State Bar election

A record number of candidates in the State Bar of Wisconsin President-elect race did little to motivate members to vote. Attorney James M. Brennan, of Catholic Charities, topped three other candidates and won the 2010 race with 1,718 votes. He ...

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2009AP2096-CR State v. Pintar

Motor VehiclesOWI; reasonable suspicion Alan Pintar appeals his judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, second offense, on a plea of no contest following the court's order denying his motion to suppress evidence. The ...

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2009AP2660-CR State v. Schlapper

Search and SeizureSearch incident to arrest; probable cause The State appeals an order granting Gordon Schlapper's motion to suppress evidence obtained when police searched his vehicle. The State argues the evidence should not have been suppressed because the search was ...

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2009AP2794 Seeger v. Kreuzpainter, et al.

TortsNuisance Jennifer Kreuzpainter and Colin Patel appeal from a judgment in favor of William and Susan Seeger in the amount of $3500. They contend that the circuit court incorrectly held that a private nuisance existed, made erroneous credibility determinations, and ...

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2007AP2771-D OLR v. Goldstein

Professional ResponsibilitySuspension Where attorney Harvey J. Goldstein misappropriated his clients' funds, a two-year suspension is appropriate. "Each case must turn on its individual facts. Balancing the circumstances presented, we conclude the recommended one-year license suspension minimizes the seriousness of Attorney ...

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2009AP2777-CR State v. Able

Motor VehiclesOWI; reasonable suspicion Scott W. Able appeals from his conviction for second offense operating a motor vehicle while intoxicated in violation of Wis. Stat. § 346.63(1)(a). The issue on appeal is whether the circuit court erred when it found ...

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2009AP1575-CR State v. Flowers

Motor VehiclesOWI; showup identifications Gregory Flowers appeals a judgment convicting him of fifth-offense operating while intoxicated and operating after revocation. He contends that the circuit court committed reversible error by denying his motion to suppress an unlawful showup identification. We ...

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09-2336 U.S. v. Pape

SentencingChild pornography A sentencing court need not consider evidence of differences in the length of sentences in different districts. "We have recently held, citing observations made by the Supreme Court in Gall, that a district court judge necessarily considers unwarranted ...

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09-3336 In the Matter of: Altheimer & Gray

BankruptcyPriority A non-unit partner in a law firm is an owner who stands behind creditors when the firm declares bankruptcy. "The plan of reorganization defines the firm's partners to include both 'Unit Partners' and 'Non-Unit Partners.' That definition follows the ...

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2009AP1973-CR State v. Barry

SentencingDiscretion Stephen J. Barry pled guilty to two felonies: (1) possessing cocaine (more than one gram but not more than five grams) with intent to deliver as a second or subsequent offense; and (2) bail jumping. See Wis. Stat. §§ ...

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Weis v. Marshfield Clinic, et al.

MEDICAL MALPRACTICE: ZERO DOLLARS Injuries claimed: The patient’s estate claimed pre-death pain and suffering, and the patient’s widow requested loss of society and companionship. Court: Brown County Circuit Court Case name: Weis v. Marshfield Clinic, et al. Case number: 07-CV-175 ...

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Best of 2010

Wisconsin’s Legal Community Welcome to the Wisconsin Law Journal’s second annual “Best Of” section. I realize that when we toss the word “best” around we are making a bold statement about something that is very subjective. We freely acknowledge that ...

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Insurer not on hook for toy claims

Boston — A commercial liability insurer was not required to defend class actions alleging that its insured negligently sold toys containing lead that were made in China, the 7th Circuit has ruled in reversing judgment. The defendant designs and markets ...

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Abuse of bankruptcy claim belongs in federal court

A creditor’s lawsuit against a debtor’s bankruptcy attorneys belongs in federal court, even if the creditor only asserts state law claims. The bankruptcy of Repository Technologies, Inc. (RTI), a defunct software company, spawned numerous lawsuits in both federal and state ...

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