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Case Digests

Court Error – Dispositional Order

The State of Wisconsin appeals dispositional orders by the trial court relating to petitions seeking a determination that X.B.A.-S. was a juvenile in need of protection or services (JIPS).

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Jury Selection

The primary issue in this consolidated appeal is whether the Milwaukee County Clerk’s Office (hereinafter, “Clerk’s Office”) failed to randomly select jurors as required by WIS.

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“Educational Malpractice”

Michelle Jauquet, as legal guardian of Alex, appeals from a circuit court order granting Green Bay Area Catholic Education, Inc.’s (GRACE) motion to dismiss her amended complaint for failure to state a claim upon which relief can be granted pursuant to WIS. STAT. § 802.06(2)(a)6. (2019-20).

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Negligence-Duty of Care

Rush appeals the order granting summary judgment in favor of Twin City Fire Insurance Company, Batteries Plus, LLC, and Fred W. Storm, LLC dismissing her complaint alleging negligence and a violation of the safe place statute claims arising out of a slip and fall accident on a sidewalk curb.

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Reasonable Suspicion – Suppression of Evidence

During a traffic stop, a detective and a police officer worked in tandem to search defendant Colbert’s vehicle and frisk him, uncovering on his person a brick-shaped package later confirmed to contain a controlled substance.

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Attorney Disciplinary Proceedings

Based on Attorney Constant's failure to answer the Office of Lawyer Regulation's (OLR) complaint or otherwise appear in the proceeding, Attorney Constant is in default.

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4th Amendment Violation-“Knock and Talk”

Wilson argues that his Fourth Amendment rights were violated when police officers entered his fenced-in backyard without a warrant; that the officers' warrantless entry was not a valid "knock and talk" investigation.

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Property Tax Assessment 

Saint John's owns an age-restricted continuing care retirement community located on a single parcel in the City of Milwaukee.

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Rental Guaranty – Costs

Barth appeals a small claims judgment for $791.33 entered against her based upon her liability to Home Market Investments, LLC, (HMI) under a Co-Signor Rental Guaranty Agreement (the Guaranty).

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Class Action-Data Breach

Reetz appeals the dismissal of her class action against Advocate Aurora Healthcare, Inc. Reetz alleged negligence, invasion of privacy, breach of contract, breach of implied covenant of good faith and fair dealing, and declaratory relief for Aurora’s actions related to a data breach of personal information from Aurora’s systems.

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Employment Law-Diversity

Village manager Thomas Barwin resigned under threat of termination two and one-half years before his pension rights vested.

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Class Action- Illinois Right of Publicity Act

Elizabeth Huston, a Good Housekeeping magazine subscriber, filed a putative class action complaint alleging a media conglomerate, Hearst Communications, Inc., violated her right of publicity by offering to sell and selling mailing lists containing her, and 9.1 million other subscribers’, identifying information.

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Entrapment- Enticement of a minor

Rafael Mercado used an Internet application to meet “Alexis,” a profile operated by a trained FBI agent conducting an undercover investigation of adults with sexual interest in children.

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Guardianship-Competency

Petitioner appeals the circuit court’s finding that she is incompetent and the resulting order establishing the guardianship of her and of her estate, as well as an order for her protective placement after petitioner fell and her husband suffered a stroke.

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False Arrest

Phillip Edward Osborne alleged that Illinois State Police Officer Shawn Myers arrested him without probable cause and therefore violated his civil rights.

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Class Action – Certification

Bennett contends that Division 10 of Cook County Jail does not satisfy the Americans with Disabilities Act, and the Rehabilitation Act because it lacks the grab bars and other fixtures that disabled inmates may need in order to use showers and toilets safely.

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Fraudulent Misrepresentation

Stanton appeals the judgment of the trial court granting summary judgment in favor of LVNV Funding LLC in its small claims action against Stanton with regard to an unpaid credit card balance.

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