The Wisconsin Court of Appeals has declared the fundamental importance of appropriate service of process to the viability of a lawsuit.
Read More »Author Archives: Jean DiMotto
BENCH BLOG: Appeals court clarifies identity theft confusion
During a season when theft in all forms increases, the Court of Appeals delved into the nature of the intentionality underlying identity theft and thereby clarified the elements of the crime.
Read More »BENCH BLOG: Service-of-process error dooms lawsuit
The Wisconsin Court of Appeals has declared the fundamental importance of appropriate service of process to the viability of a lawsuit.
Read More »BENCH BLOG: Justices, judges assemble their wish lists
The Bench Blog’s Santa asked Wisconsin Supreme Court justices and Court of Appeals judges what they want in their appellate Christmas stockings.
Read More »BENCH BLOG: Promise questions and jury nullification
The ferocity of an alcohol addiction is apparent in the case of Frank Zdzieblowski, a 73-year-old Portage County man who was charged with operating a motor vehicle with a prohibited blood alcohol concentration as a sixth offense less than five months after he was charged with fifth offense intoxicated driving.
Read More »BENCH BLOG: Calculating interest in settlements
How long should it take for an insurer’s check to arrive after a settlement has been reached? Does it matter on which continent the insurer is located? The Court of Appeals recently analyzed these questions.
Read More »BENCH BLOG: Posner’s deer hunting decision on the mark
In another interesting decision, 7th Circuit Court of Appeals Judge Richard Posner has allowed Native Americans to hunt deer at night, debunking concerns about safety.
Read More »BENCH BLOG: Judges show Daubert isn’t all that complicated
In the first Wisconsin case applying the Daubert standard on admissibility of expert witness testimony, the court of appeals explains “what the Daubert rule is and what it is not.”
Read More »BENCH BLOG: Court cuts through father’s arguments against wire in incest case
Is a teenager capable of consenting to wear a wire? The Court of Appeals recently addressed this issue of first impression in Wisconsin.
Read More »BENCH BLOG: Court’s divided decision inspires call to action
The Wisconsin Supreme Court subscribes to a new interpretation of “surviving spouse” under the wrongful death statute.
Read More »BENCH BLOG: Weighing in on a ‘professional divorce’
The Court of Appeals recently had an opportunity to review a decision that addressed contingency fees after the break-up of a law practice.
Read More »BENCH BLOG: State justices divide on determining consent
What can an ordinary passenger do to stop police from searching the passenger’s property when it’s in a vehicle being searched with the driver’s consent?
Read More »BENCH BLOG: Lead paint defendants fail in ‘valiant attempt’
The 7th Circuit Court of Appeals recently dashed the hopes of lead paint manufacturers that wanted the federal courts to dismiss pending cases as unconstitutional.
Read More »BENCH BLOG: Wisconsin appeals court takes on troubling trend
Drugged driving is trending in Wisconsin, an unfortunate result of the increased levels of cocaine and heroin circulating in state.
Read More »BENCH BLOG: Breaking down Crabb’s gay marriage opinion
Everyone appreciates a well-written decision, so there is general agreement that federal District Judge Barbara Crabb wrote a bravura opinion in declaring Wisconsin’s constitutional amendment banning same-sex marriages unconstitutional.
Read More »BENCH BLOG: Case raises notable open records concerns
In a recent Court of Appeals’ case, domestic violence clashed with the open records law.
Read More »BENCH BLOG: Punitive damage case shows bias for insurance co.
The Wisconsin Supreme Court used a numerical ratio to reduce what it considered to be an unconstitutionally excessive punitive damages award.
Read More »BENCH BLOG: Justices provide much-needed clarification
In an abbreviated opinion, the Wisconsin Supreme Court clarified its previous, murky plurality decision in State v. Johnson on State v. Shiffra jurisprudence.
Read More »BENCH BLOG: Appeals court provides rational ‘stop and frisk’ guidance
When is a Terry “stop and frisk” permissible under the Fourth Amendment in “a very high-volume … crime area with a lot of gun violence?” The District I Court of Appeals recently provided guidance.
Read More »BENCH BLOG: Disappointing majority opinion lacks guidance
In an overly long opinion, the Wisconsin Supreme Court decided a child abuse case involving a presentence plea withdrawal without an appropriate illumination of the law.
Read More »BENCH BLOG: Appeals court clarifies penalty enhancers
Grabbing the bull by the horns, the Court of Appeals clarified a recurring issue in those misdemeanor sentencings that involve a penalty enhancer.
Read More »BENCH BLOG: Thoughtful decision could have statewide effect
A new state statute trumps local governments’ residency rules in a case decided in Milwaukee County Circuit Court.
Read More »BENCH BLOG: State justices get to heart of the matter
In a child sexual assault case that divided the Court of Appeals, the state Supreme Court properly kept the focus on the elements of the crime and a jury’s function.
Read More »BENCH BLOG: A frustrating decision from the Court of Appeals (UPDATE)
In a decision that touches all three branches of government, the court of appeals decided that in actions for civil forfeiture pretrial discovery may be conducted.
Read More »BENCH BLOG: The case for more treatment courts
Wisconsin has become a hotbed for treatment courts.
Read More »BENCH BLOG: Justices unanimous in asbestos decision
There has been a recent spate of appellate cases interpreting insurance policies, including Schinner v. Gundrum and Barrows v. Renfrow. In the newest, Phillips v. Parmelee, all three levels of courts agreed on the interpretation of an asbestos exclusion.
Read More »BENCH BLOG: Appeals decision should obviate further litigation
In December the Court of Appeals decided a novel insurance exclusion case involving a grade-school boy’s gun death.
Read More »BENCH BLOG: Wis. justices got pivotal decision wrong
In declining to note its own precedent, the Wisconsin Supreme Court has allowed the governor and state officials to violate a declaratory judgment during the appellate process.
BENCH BLOG: Decision a handy reference for plea breach cases
A well-presented Court of Appeals case affirmed that when the defendant breaches a plea agreement prior to sentencing, the state may change its side of the agreement.
BENCH BLOG: Concurrence stated it best in high court decision
A decision at the end of its last term divided the Wisconsin Supreme Court several ways.