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Case Digests

00-3023-CR State v. Daniel R.F.

Joinder and severance; jury instructions Daniel F. appeals a judgment convicting him of first-degree sexual assault of a child and an order denying his motion for postconviction relief. He argues that his conviction should be overturned because (1) the trial ...

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00-3250Dye v. Wargo

“Dye has not cited, and we have not found, any case holding that a mutual release of civil liability is unenforceable under federal law. Federal courts have not embraced the view, see Owen M. Fiss, Against Settlement, 93 Yale L.J. ...

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00-2473 Bammert v. SuperValu Inc.

Karen Bammert appeals a judgment dismissing her action for wrongful discharge, claiming that her termination from employment violates public policy. Bammert alleges that she was fired because her husband, a police officer, participated in her employer’s wife’s arrest for driving ...

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00-0310-CR State v. Morris

Speedy trial; presumptively prejudicial delay Pharoah Morris appeals a conviction for armed robbery. He contends that he did not receive a speedy trial, in violation of the Wisconsin and United States Constitutions. We disagree, and therefore affirm. This opinion will ...

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00-2908Heard v. Sheahan

“The district court … thought the date of accrual was when the plaintiff discovered he had a medical problem that required attention. This would be correct if the suit were for medical malpractice. … But it is not; malpractice does ...

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00-1617 Volden v. OKK Corporation, et al.

Thomas and Barbara Volden appeal from a judgment dismissing their complaint against OKK Corporation and OKK U.S.A. Corporation (collectively, OKK). They challenge each of the trial court’s rulings on motions after verdict, particularly as those rulings rest on the trial ...

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00-2271Wynn v. Southward

“Wynn alleges that he has been unable to chew his food without his dentures, significantly impeding his ability to eat, and that he has suffered bleeding, headaches, and ‘disfigurement.’ These allegations are sufficient to demonstrate that Wynn has a serious ...

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00-3306Guerrero v. Ashcroft

“Guerrero next offers statistical studies conducted by an expert, Dr. LaLonde, tending to show that Hispanic and Black agents are promoted far less frequently than other agents. We have found statistical evidence to be admissible and helpful in disparate treatment ...

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00-2916Clay v. Holy Cross Hospital

“Clay presents no evidence to rebut Seliga’s testimony that Gaffney advised him that Clay was uncooperative with the Hospital’s marketing efforts, and that Clay failed to participate in any of the Hospital’s 25 marketing events. Clay attempts to refute this ...

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00-549 Cedric Kushner Promotions, Ltd. v. King

“Linguistically speaking, an employee who conducts the affairs of a corporation through illegal acts comes within the terms of a statute that forbids any ‘person’ unlawfully to conduct an ‘enterprise,’ particularly when the statute explicitly defines ‘person’ to include ‘any ...

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99-3415EEOC v. Yellow Freight System, Inc.

“The unchallenged record in this case reflects that Yellow Freight bent over backwards to accommodate Nicosia in spite of his long history of poor work attendance. Nicosia was repeatedly warned and reprimanded, and given numerous opportunities to improve his work ...

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99-2071 Tuan Anh Nguyen v. INS

“[T]o require Congress to speak without reference to the gender of the parent with regard to its objective of ensuring a blood tie between parent and child would be to insist on a hollow neutrality. As JUSTICE STEVENS pointed out ...

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00-0696 State ex rel. Reisch v. Schwarz

LeRoy Reisch appeals the trial court’s order dismissing his petition for writ of certiorari as untimely filed under the Prison Litigation Reform Act (PLRA). Reisch argues that the PLRA violates his right to equal protection because it requires prisoners in ...

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99-3263 Rabideau v. City of Racine

“[T]he relationships between a victim and a spouse, parent, child, grandparent, grandchild or sibling are deeply embedded in the organization of our law and society. The emotional loss experienced by a bystander who witnessed the negligent death or injury of ...

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00-492 Alabama v. Bozeman

“[T]he Agreement makes no distinction among different kinds of IV(c) ‘arrivals,’ say, by exempting those that are followed by return within a short, specified period of time, or those that are simply for the purpose of arraignment. Given the Agreement’s ...

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00-1031 Zurkowski v. Hobart Corporation, et al.

Jay E. Zurowski appeals from a judgment entered after a bench trial wherein the trial court dismissed his personal injury claim alleging negligence and a violation of Wisconsin’s Safe Place Statute against Hobart Corporation (Hobart). Zurowski claims the trial court ...

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99-1702 Waters v. Pertzborn

“We conclude that there are two statutory impediments to the circuit court’s order for separate trials on the issues of liability and damages before different juries. First, a review of the history of sec. 805.05(2) reveals that the omission of ...

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