Bench Blog

Dec 22, 2014

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.

Dec 11, 2014

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.

Dec 3, 2014

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.

Nov 25, 2014

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.

Nov 7, 2014

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.

Oct 15, 2014

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.

Oct 9, 2014

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.”

Sep 22, 2014

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.

Sep 10, 2014

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.

Aug 22, 2014

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.

Aug 8, 2014

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?

Jul 28, 2014

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.