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Case Digests

Plea & Sentencing – Sentence Modification

Ryan Swadner appeals a judgment, entered upon his no-contest pleas, convicting him of three counts of homicide by operation of a vehicle with a detectable amount of a restricted controlled substance, contrary to WIS. STAT. § 940.09(1)(am) (2019-20), and one count of injury by operation of a vehicle with a detectable amount of a restricted controlled substance, contrary to WIS. STAT. § 346.63(2)(a)3.

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Plea Colloquy

Alejandro Gutierrez appeals judgments, entered upon his no-contest pleas, convicting him of child enticement; third-degree sexual assault; strangulation and suffocation; false imprisonment; burglary of a dwelling; and two counts of felony bail jumping, with both the false imprisonment and burglary counts as party to a crime.

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Insurance Claim – Coverage

The Estate of Finley Olson, by its special administrator Rachel Olson, and Rachel and William Olson individually (collectively, the Estate) appeal the circuit court order granting American Family Mutual Insurance Company (American Family) summary and declaratory judgment that its insureds, Carrie and Timothy Heller (the Hellers), did not have coverage under their insurance policy through American Family (the Policy) for the claims related to Finley Olson’s death while in the care of the Hellers.

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ERISA – Breach of Fiduciary Duty

We consider in this case whether the Employee Retirement Income Security Act (ERISA) preempts certain state-law claims brought by bankruptcy creditors on behalf of a company against its directors and officers and others alleged to have inflated the company’s stock value to conceal the company’s decline and to benefit corporate insiders. We hold that ERISA does not preempt the plaintiffs’ claims against the company’s directors and officers.

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