Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

The Wisconsin Court of Appeals has declared the fundamental importance of appropriate service of process to the viability of a lawsuit.

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.

The Wisconsin Court of Appeals has declared the fundamental importance of appropriate service of process to the viability of a lawsuit.

The Bench Blog’s Santa asked Wisconsin Supreme Court justices and Court of Appeals judges what they want in their appellate Christmas stockings.

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.

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.

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.

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.”

Is a teenager capable of consenting to wear a wire? The Court of Appeals recently addressed this issue of first impression in Wisconsin.

The Wisconsin Supreme Court subscribes to a new interpretation of “surviving spouse” under the wrongful death statute.

The Court of Appeals recently had an opportunity to review a decision that addressed contingency fees after the break-up of a law practice.

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?

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.

Drugged driving is trending in Wisconsin, an unfortunate result of the increased levels of cocaine and heroin circulating in state.

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.

In a recent Court of Appeals’ case, domestic violence clashed with the open records law.

The Wisconsin Supreme Court used a numerical ratio to reduce what it considered to be an unconstitutionally excessive punitive damages award.

In an abbreviated opinion, the Wisconsin Supreme Court clarified its previous, murky plurality decision in State v. Johnson on State v. Shiffra jurisprudence.

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.

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.

Grabbing the bull by the horns, the Court of Appeals clarified a recurring issue in those misdemeanor sentencings that involve a penalty enhancer.

A new state statute trumps local governments’ residency rules in a case decided in Milwaukee County Circuit Court.

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.

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.

Wisconsin has become a hotbed for treatment courts.

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.

In December the Court of Appeals decided a novel insurance exclusion case involving a grade-school boy’s gun death.

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.

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.

A decision at the end of its last term divided the Wisconsin Supreme Court several ways.