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Recent Articles from James Nicodemus, Special to the Wisconsin Law Journal
ANALYSIS: Prosecutorial misconduct trips up Kenosha County shaken baby case
When a Kenosha County Assistant District Attorney turned a witness list in a “shaken baby” case over to the defense 13 days before going to trial, attorneys for the defendant cried foul.
Man finds 2nd Amendment protects his use of banned switchblade
Although a switchblade is not typically considered the best weapon for home security, a recent District 3 appellate decision found that the owner of a folding blade in Wisconsin was still entitled to protection under the Second Amendment.
Ruling could have lawsuits barreling down on truckers
Should 30 years of experience and an average of more than eight hours a day behind the wheel make a trucker more aware than the average driver of dangerous traffic conditions and thus better able to avoid an accident?
Lemon Law leaves sour taste in couple’s mouth
When Mary Porter went shopping for a new car with her husband in 2010, she was dead-set on buying a red one with a beige interior to keep her cool in the summer.
Restaurant case shows consent is needed for certain uses of collateral
Most restaurants don’t make it past the three-year mark. Thomas Linn’s Bristol Restaurant, early on at least, seemed to be one of the few that would beat the long odds. By the middle of 2013, the New Berlin restaurant was well into its fourth year of operation.
Driver claims destroyed blood evidence violates due process
More than nine months after Michael Luedtke had rammed his Ford Escort into the back of a stopped vehicle at an Oshkosh intersection, he was charged on Dec. 19, 2009, with six felony counts of impaired driving and operating a vehicle with a controlled substance in his blood.
‘Known and compelling danger’ of gas leak explosion could strip Milwaukee of government immunity
Mary Oden was no doubt confused as she lay in a hospital bed the day after her Milwaukee duplex blew up in the middle of the night just over six years ago.
Do first refusal rights need termination dates to be enforceable?
Without a termination date, would a 1998 agreement giving a local dairy company the right of first refusal to buy or rent 450 acres of farmland in Outagamie County be enforceable?
State justices to decide covenant concern
When David Friedlen was asked by his employer of almost 20 years to sign a restrictive covenant or lose his job, he signed on the dotted line.
7th Circuit grapples with case law in auto search ruling
Just because a Kentucky parolee violated a rental car agreement should not prevent him from challenging a possibly illegal car search, according to a recent 7th Circuit opinion.
Ruling could raise liability risk for property owners
The Wisconsin Supreme Court’s decision, expected by the end of this term, in Julie A. Augsburger v. Homestead Mutual Insurance Co., could markedly increase liability risk for property owners who allow dogs on the premises, according to defense counsel in the case.
Appeals court clarifies shirking test in support case
When determining whether a former spouse has shirked his or her duties in paying child support, on what case should courts rely?
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Case Digests
- Jury Instructions-Ineffective Assistance of Counsel
- Brady Violation-Evidence Suppression
- Contract Interpretation-Deed Reformation
- Defamation-Common Interest Privilege
- Sufficiency of Evidence-Knowing Possession
- First Amendment-Standing
- Franks Challenge-Probable Cause
- Supervised Release- Sentencing Authority
- Fair Labor Standards Act (FLSA)- Wage-and-Hour Litigation
- Whistleblower Retaliation- Appellate Procedure
- Rooker-Feldman and Post-conviction DNA Testing- Constitutional Procedure
- Sufficiency of Evidence-Sentencing Reasonableness
Legal Tech
- Intake to Resolution: The AI-Era Client Experience in PI Firms
- AI’s uncertain role in dispute resolution
- Why account setup matters more than generative AI tools for lawyers
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