Quantcast
Home / Case Digests (page 790) /

Case Digests

02-2095 Harley-Davidson Motor Co., Inc., v. Powersports, Inc.

“In addition to the well-established Wisconsin precedent recognizing the existence of a contract misrepresentation action for rescission, the rationale behind Wisconsin’s economic loss doctrine does not support a rule barring misrepresentation claims for rescission.” “[T]he economic loss doctrine is intended ...

Read More »

02-0850 State v. Navarro

Although there is a split of opinion in the courts, in light of well-established principles of international law that guide judicial construction of a treaty, “we are convinced that the Vienna Convention does not confer standing on an individual foreign ...

Read More »

02-2874 Aleman v. Sternes

“The state’s court of appeals did not mention Chapman because it apparently did not think that the federal Constitution had been violated. It applied a state-law standard of harmlessness to what it saw as an error of state law by ...

Read More »

02-2334 State v. Kassube

“This is different from Boyd [v. State, 758 So.2d 1032 (Miss.2000)] and the cases it cites because those cases all dealt with temporary suspensions of drivers’ licenses. In such a situation, a driver may have regained his or her license ...

Read More »

02-1257 & 02-1258 U.S. v. Waagner

“Waagner … argues that the district court erred in refusing his proffered insanity instruction which would have told the jury he would be committed to a ‘suitable facility’ if he was found not guilty by reason of insanity. This instruction ...

Read More »

02-2693 U.S. v. Hendricks

“Although the court in [U.S. v. Packer, 15 F.3d 654 (7th Cir.1994)] held that the officers lacked reasonable suspicion on the facts of that case, the court also stated that ‘the minimum threshold of “specific and articulable facts” sufficient to ...

Read More »

98-2894 Calhoun v. DeTella, et al.

“Punitive damages are awarded to punish and deter reprehensible conduct. See Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 306 n.9 (1986); Kemezy v. Peters, 79 F.3d 33, 34 (7th Cir. 1996). And in Smith v. Wade, itself an ...

Read More »

01-2414 Fayerweather, et al. v. Menard, Inc.

Cindy and James Fayerweather appeal a judgment dismissing their claims against Keller Industries and U.S. Industries, Inc. The Fayerweathers argue the trial court erred by refusing to give either a modified or standard jury instruction on custom and usage. We ...

Read More »

02-1918 Thompson v. Wagner

“The ‘probable cause’ theory has to fail because it was unreasonable to assume that probable cause existed. What the officers had was simply this: the statement, 5 months after the ‘crime,’ by a convicted felon who admittedly lied to them ...

Read More »

02-1063-CR State v. Imani

Shafiq Imani appeals a judgment of conviction on several felony counts. He argues that the trial court erred by admitting certain evidence, but we conclude that if the evidence was indeed admitted in error, it was harmless. We affirm. This ...

Read More »

02-1209 Wigglesworth v. INS

“In [Nose v. Attorney Gen., 993 F.2d 75 (5th Cir. 1993), the Fifth Circuit considered the validity of Nose’s waiver pursuant to the VWPP. It began its analysis by observing that ‘[g]enerally, even aliens who have entered the United States ...

Read More »

02-0943-CR State v. Montelius

The State of Wisconsin appeals from an order dismissing count two, operating a motor vehicle with a prohibited alcohol concentration of .1% or more, in a criminal complaint against Stanley Montelius, and suppressing all breath alcohol test evidence in the ...

Read More »

01-4325 Berkey v. U.S.

“Berkey must establish through objective evidence that a reasonable probability exists that he would have gone to trial. McCleese v. United States, 75 F.3d 1174, 1179 (7th Cir. 1996). Berkey has offered no evidence that he would have presented had ...

Read More »

02-1223 State ex rel. Koszewski v. Schwarz

Robert Koszewski appeals from an order of the circuit court affirming the decision by the Division of Hearings & Appeals to revoke his probation. Koszewski claims: (1) the department engaged in arbitrary and capricious conduct, demonstrating its will and not ...

Read More »