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Weekly Case Digests – July 8, 2019 – July 12, 2019

Tagged with: Weekly Case Digest Summary

Section 924(e) of Title 18, also known as the Armed Career Criminal Act, mandates a minimum 15-year prison sentence for a felon who unlawfully possesses a firearm and has three prior convictions for a “serious drug offense” or “violent felony.”

Tagged with: Civil Digest SCOTUS Digest

In the Leahy-Smith America Invents Act of 2011, 35 U. S. C. §100 et seq., Congress created the Patent Trial and Appeal Board and established three new types of administrative proceedings before the Board that allow a “person” other than the patent owner to challenge the validity of a patent post-issuance.

Tagged with: Civil Digest SCOTUS Digest

The Outer Continental Shelf Lands Act (OCSLA), 67 Stat. 462, 43 U. S. C. §1331 et seq., extends federal law to the subsoil and seabed of the Outer Continental Shelf and all attachments thereon (OCS).

Tagged with: Civil Digest SCOTUS Digest

These consolidated cases concern the standard under which a circuit court may order involuntary medication to restore a defendant's competency to proceed in a criminal case and the timing of the automatic stay of such orders established in State v. Scott, 2018 WI 74, 382 Wis. 2d 476, 914 N.W.2d 141.

Tagged with: Civil Digest WI Supreme Court Digest

Ms. L. challenges an order extending her commitment to the care and custody of Waukesha County pursuant to Chapter 51 of our Wisconsin statutes.

Tagged with: Civil Digest WI Supreme Court Digest

In these consolidated appeals, the State appeals orders of the circuit court suppressing evidence obtained during a search, authorized by a search warrant, of the residence of Kristen Switzky and Eric Switzky.

Tagged with: Civil Digest WI Court of Appeals Digest

James Kruger was convicted in the Dane County Circuit Court of first-degree recklessly endangering safety with the use of a dangerous weapon and felony bail jumping.

Tagged with: Civil Digest WI Court of Appeals Digest

G.W. Buckeridge and eighteen other named patients (collectively, “the Buckeridges”) of the University of Wisconsin Hospital and Clinics Authority UW Health (UW Health) appeal an order and a judgment that dismissed the Buckeridges’ claims against UW Health and Kila Lucey.

Tagged with: Civil Digest WI Court of Appeals Digest

Emery appeals a judgment of foreclosure entered following a court trial.

Tagged with: Civil Digest WI Court of Appeals Digest

Stop the Ongoing Mine Permit (STOMP) appeals from an order of the circuit court affirming, on certiorari review, the Town of Ashford Board of Appeals’ (BOA) decision to grant Batzler Trucking, Inc. a conditional use permit to operate an agricultural sand mine in the Town of Ashford.

Tagged with: Civil Digest WI Court of Appeals Digest

Sharlene Bertram appeals a judgment entered in favor of the Estate of Dolores E. Kreitlow, premised on its claims of undue influence and breach of fiduciary duty against Bertram for her conduct while acting as Kreitlow’s power of attorney for finances and property.

Tagged with: Civil Digest WI Court of Appeals Digest

Dakon M. Martin appeals pro se from a judgment convicting him of possessing narcotics (methadone) with intent to deliver on his no contest plea and from a postconviction order denying his motion to withdraw his plea due to ineffective assistance of trial counsel.

Tagged with: Civil Digest WI Court of Appeals Digest

Carol Couturier appeals the trial court’s order affirming the decision of the Pension Board of the Employees’ Retirement System of Milwaukee County (Board) that upheld the recovery of seven months of pension overpayments made to Couturier by the Employees’ Retirement System of Milwaukee County (ERS).

Tagged with: Civil Digest WI Court of Appeals Digest

Nathan Birkholz appeals judgments imposing sentences after the revocation of his probation.

Tagged with: Civil Digest WI Court of Appeals Digest

Sandra J. Kopp appeals the circuit court’s order denying her motion to modify maintenance.

Tagged with: Civil Digest WI Court of Appeals Digest

Konecranes, Inc., Brian Angelroth, and Michael Carroll (collectively, “Konecranes”) appeal from judgments of the circuit court, entered on orders following a jury’s verdict, against Konecranes in favor of plaintiff Bradley Moore and third-party defendant Badger Alloys, Inc.

Tagged with: Civil Digest WI Court of Appeals Digest

John Finley appeals from a judgment of conviction for repeated sexual assault of the same child—his nine-year-old niece—as well as from the denial of his postconviction motion.

Tagged with: Civil Digest WI Court of Appeals Digest

Jeffery Lopez appeals his judgment of conviction entered on his guilty plea to felony intimidation of a victim; a charge of physical abuse of a child was dismissed but considered at sentencing.

Tagged with: Civil Digest WI Court of Appeals Digest

James Moran appeals an order affirming a decision of the Wisconsin Department of Justice (DOJ) denying Moran’s application to purchase a handgun in Wisconsin.

Tagged with: Civil Digest WI Court of Appeals Digest

Debtors Harold and Lorraine Wade moved for sanctions against Kreisler Law, P.C., alleging that the law firm violated the automatic stay arising from their bankruptcy petition by filing a lien against Lorraine’s home.

Tagged with: 7th Circuit Digest Civil Digest

Shaka Freeman, an African-American man who suffers from alcoholism, sued the Water Reclamation District of Greater Chicago, his former employer, for firing him because of his race and disability.

Tagged with: 7th Circuit Digest Civil Digest

In this case we must decide whether James Mollet’s complaint about a racially charged incident was the but-for cause of his constructive discharge.

Tagged with: 7th Circuit Digest Civil Digest

We have consolidated two appeals that pose a common question: whether persons who contend that air carriers have violated state law by using biometric identification in the workplace must present these contentions to an adjustment board under the Railway Labor Act (RLA), 45 U.S.C. §§ 151–88, which applies to air carriers as well as railroads.

Tagged with: 7th Circuit Digest Civil Digest

Shirley Lacko filed suit against United of Omaha Life Insurance Company (“United”), challenging United’s denial of her claims for short‐term and long‐ term disability insurance.

Tagged with: 7th Circuit Digest Civil Digest

Mark Richardson, a former Chicago Transit Authority (“CTA”) bus operator, alleged CTA took adverse action against him because of his extreme obesity in violation of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101–12213, as amended by the ADA Amendments Act of 2008 (“ADAAA”), Pub. L. No. 110-325, 122 Stat. 3553.

Tagged with: 7th Circuit Digest Civil Digest

Leonte Williams, an inmate in the custody of the Illinois Department of Corrections, sued a number of prison officials under 42 U.S.C. § 1983, alleging that they violated his Eighth Amendment rights by providing inadequate nutrition through a “brunch” program that served only two meals a day.

Tagged with: 7th Circuit Digest Civil Digest

In this appeal, David Tjader challenges several conditions of his supervised release on grounds he did not raise in the district court.

Tagged with: 7th Circuit Digest Civil Digest

Bodum USA, Inc. (“Bodum”) produces and sells what design magazines and art museums have recognized as an iconically designed houseware product—the Chambord French press coffeemaker.

Tagged with: 7th Circuit Digest Civil Digest

The word “capsule” can describe many things—a pharmaceutical pill, a space pod, or a short synopsis, for example. What about a cellphone case?

Tagged with: 7th Circuit Digest Civil Digest