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Weekly Case Digests – February 10, 2020 – February 14, 2020

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In Fifth Third Bancorp v. Dudenhoeffer, 573 U. S. 409 (2014), we held that “[t]o state a claim for breach of the duty of prudence” imposed on plan fiduciaries by the Employee Retirement Income Security Act of 1974 (ERISA) “on the basis of inside information, a plaintiff must plausibly allege an alternative action that the defendant could have taken that would have been consistent with the securities laws and that a prudent fiduciary in the same circumstances would not have viewed as more likely to harm the fund than to help it.” Id., at 428.

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Under the Bankruptcy Code, filing a petition for bankruptcy automatically “operates as a stay” of creditors’ debt collection efforts outside the umbrella of the bankruptcy case. 11 U. S. C. §362(a).

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Lunda Construction Company (Lunda) alleges that Veritas Steel, LLC (Veritas), and third-party defendants Atlas Holdings, LLC (Atlas), and Bridge Fabrication Holdings, LLC, took unfair advantage of PDM Bridge, LLC's (PDM) loan defaults, "with the intent to gain ownership of PDM's lucrative steel fabrication business for grossly inadequate consideration through a secretive, unlawful and fraudulent process designed to render PDM an empty shell with no assets remaining to satisfy PDM's eight-figure liability to Lunda."

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Sterling Olsen appeals a judgment of conviction for armed robbery as a party to the crime and an order denying postconviction relief.

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PLEASE TAKE NOTICE that corrections were made to the above captioned opinion (footnote 11 on page 23 has been removed, and the publication recommendation on page 25 has been changed), which was released on November 27, 2019.

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Jeremy Blank appeals pro se from orders summarily denying his motions for postconviction relief and for reconsideration of that denial.

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E.C.H. appeals an order of the circuit court granting a WIS. STAT. ch. 51 extension order. E.C.H. has since been released from his commitment.

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Taft and Carol Parsons (the Parsons) appeal the trial court’s order dismissing their claims against Associated Banc-Corp (the Bank).

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Anthony Kwaame It, pro se, appeals from judgments, entered upon his guilty pleas, convicting him of four different offenses in three cases.

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David Stroede appeals the order granting summary judgment to Society Insurance and Railroad Station, LLC, based on Jacob Tetting’s actions.

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Samterious Gordon appeals a judgment of conviction for one count each of first-degree reckless injury with use of a dangerous weapon, first-degree recklessly endangering safety with use of a dangerous weapon, and being a felon in possession of a firearm.

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Hector M. Martin-Andrade appeals a judgment convicting him of first-degree sexual assault of a child.

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Matthew Curtis Sills appeals from the judgment of conviction, following his guilty plea to one count of second-degree sexual assault.

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Brian A. Patterson, pro se, appeals the summary judgment order dismissing his legal malpractice action against his former criminal defense attorney, Steven R. Kohn, Kohn and Smith Law Offices, and Kohn’s malpractice insurance provider (collectively, “Kohn”).

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The district court issued an injunction requiring Indiana to treat children born into female-female marriages as having two female parents, who under the injunction must be listed on the birth certificate.

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Patients are often the best source of information about their medical condition.

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Prisoners face unique challenges when submitting legal filings.

Tagged with: 7th Circuit Digest Civil Digest

A federal jury convicted Kevin Ingram of three counts of Hobbs Act robbery (Counts 1–3), one count of attempted Hobbs Act robbery (Count 4), and four counts of possession of a firearm in furtherance of those crimes of violence (Counts 5–8).

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Judy Prater applied for Social Security Disability Insurance Benefits based on a variety of mental and physical impairments.

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Barbara Kaiser had surgery to implant the Prolift Anterior Pelvic Floor Repair System, a transvaginal mesh medical device that supports the pelvic muscles.

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Federal law imposes a duty on unions to fairly represent all employees in their bargaining units.

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William Dodds appeals several conditions of supervised release imposed as part of his sentence for passport fraud, in violation of 18 U.S.C. § 1542.

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Weekly Case Digests – February 3, 2020 – February 7, 2020

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In this case we are asked to address a multitude of issues that arise out of common law and statutory misrepresentation claims.

Tagged with: Civil Digest WI Supreme Court Digest

This is a review of a per curiam decision of the court of appeals, State v. Coffee, No. 2017AP2292-CR, unpublished slip. op. (Wis. Ct. App. Nov. 6, 2018), affirming the Milwaukee County circuit court's judgment of conviction and order denying Donavinn D. Coffee's ("Coffee") postconviction motion for resentencing.

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L.E. appeals an order from the Portage County Circuit Court extending her involuntary commitment as requested by Portage County pursuant to WIS. STAT. ch. 51. L.E. contends that there was insufficient evidence to support the circuit court’s order extending her commitment.

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In this appeal, Kody K. Johnson contends that he should be allowed to withdraw his guilty plea to three misdemeanor counts of contempt of court.

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Heinrich pleaded no contest to three misdemeanor counts of bail jumping, and he now seeks to withdraw his plea on grounds that the charges are without a factual basis and multiplicitous.

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In these consolidated appeals, Adam Young appeals from judgments convicting him of possessing cocaine with intent to deliver and two counts of delivering cocaine.

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