Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

“Triana’s interrogatory is evidence of racial discrimination, since it suggests that Triana believed that Dr. Sanghvi could have difficulty forming patient relationships with white women because of his race. However, all of the other facts, which are basically undisputed, point ...

“Judge Crawford has engaged in seriously unacceptable judicial behavior. He has demonstrated no understanding of the impropriety of his behavior and therefore has expressed no remorse for it. Indeed, he has continuously portrayed himself as a maverick, an innocent victim ...

Ann Marie Jahimiak appeals an order denying her motion for increased maintenance from her ex-husband David Ralph Jahimiak. The dispositive issue is whether Ann demonstrated a substantial change in the parties’ financial circumstances. We conclude that she did not and ...

“[Unless an employer] is trying to encourage early retirement (which it isn’t) why would Sullair want a pension plan that rewards employees for quitting? Cf. McNab v. General Motors Corp., 162 F.3d 959 (7th Cir.1998). Employers can structure their plans ...

We reject the third-party buyer’s claim that under Wis. Stat. sec. 808.07(1) the option-holders were required to obtain a stay pending appeal in order to preserve the status quo after the circuit court entered judgment. Further, we find that the ...

Robert Moore appeals from an order amending the judgment annulling his marriage to Patricia Wathen. The appeal concerns rulings pertaining to the parties’ child custody arrangements and Moore’s efforts to change them. We affirm. This opinion will not be published. ...

“Having found that sec. 16(b) is limited to crimes in which the offender is reckless with respect to the risk that intentional physical force will be used in the course of committing the offense, we turn our attention to the ...

The debtor and the secured party engaged in a series of multi-million dollar financing transactions. The declaratory judgment was issued by default; it does not acknowledge and then confirm, in specific terms, a waiver of debtor’s right to redeem collateral ...

Sentry Insurance Company appeals an order which dismissed its action for a judgment declaring that its policy did not provide liability coverage to its insured, Rodney Davis, for an accident in which his vehicle was involved. The trial court declined ...

“We cannot adopt the approach that a splintered majority of the Board in Crammond supports. None of the positions articulated by the various Board Members who make up the majority present statutory interpretations that we have not considered previously. Thus, ...

Strict liability for injuries caused by defective and unreasonably dangerous products, as adopted by this court in Dippel v. Sciano, 37 Wis.2d 443, 155 N.W.2d 55 (1967), is liability in tort, not liability for negligence. The Dippel adaptation of the ...

John and Jo Close appeal from a judgment declaring that Jeff Pettis had acquired by adverse possession land previously titled to the Closes. They challenge the trial court’s findings that the disputed land had been substantially enclosed and cultivated or ...

“The application that Pepper signed does not specifically state that he agreed to delegate and assign his bargaining rights to the FDSA nor does the Labor Negotiations provision in the FDSA’s Constitution refer to each member having to designate for ...

Even though it is clear that the legislature intended retroactive application, at the time plaintiff’s cause of action accrued, plaintiff had a vested right to recover under an unmodified doctrine of joint and several liability. In applying the Martin test ...

Victor Salbashian appeals from the trial court’s decision granting summary judgment, thereby dismissing his claims for negligent construction against Opportunity Homes Inc. (OHI) and Wausau Homes Inc. (Wausau). On appeal, Salbashian argues that the trial court erred by applying the ...

“Doubtless RESPA is a broad statute, directed against many things that increase the cost of real estate transactions…. But the objective of a statute is not a warrant to disregard the terms of the statute. Congress always has some objective ...

Plaintiff’s husband had septuple coronary bypass surgery on March 17, 1994; he died two weeks later. In February 1999, plaintiff learned from media reports that the death may have been caused by the doctor’s negligence. On March 8, 1999, plaintiff ...

Alphonso L. Robinson appeals from a judgment of conviction and an order denying postconviction relief. The issues on appeal are: whether the prosecutor engaged in improper cross-examination and improper closing argument, whether the trial court erred in giving the jury ...

“Despite the specific allegations by Barton, Thompson, and Mr. Bruce, defense counsel claims in his affidavit that he has no specific recollection of Mr. Bruce’s having asked that alibi witnesses be called and has only a general recollection of a ...

“[B]ecause the issue seems to be of statewide importance, we take the unusual step of remanding the matter to the circuit court where the parties can further develop the facts and legal analysis. Although case law seems to protect uplands ...

Michael J. Bielefeldt appeals from a judgment of conviction of second-degree sexual assault, false imprisonment and battery. He also appeals from an order denying his postconviction motion. Bielefeldt argues that he should have been allowed to withdraw his guilty plea ...

“The defendant’s criminal record (even, as here, of very recent vintage) is an aspect of his status, which is unalterable, whether he is committing a crime at the time his vehicle is stopped or not. Whether he possessed drugs three ...

State ex rel. Lockman v. Gerhardstein, 107 Wis.2d 325, 320 N.W.2d 27 (Ct. App. 1982) (finding the time limit mandatory) is distinguishable because Lockman involved a delay caused by the state. To hold otherwise would permit detained subjects to manipulate ...

Devaldis Garth appeals a judgment convicting him on one felony and two misdemeanor counts. The issue is whether the trial court properly denied his motion to suppress the evidence used to prosecute him. We affirm. This opinion will not be ...

“The district court in this case structured its upward departure from the PSR’s suggested offense level of 11 to an offense level of 13 by increasing one offense level for Peterson’s first three criminal history points in excess of the ...

Where the plaintiff customers did not allege that they had received late bills, or that they intended to disregard the bills and late fees, the circuit court did not abuse its discretion in dismissing the customers’ claims for declaratory and ...

Scott Stannard appeals from a judgment convicting him of theft and an order denying his motion for postconviction relief. Stannard contends that the presentence report writer was biased against him, prejudicing the sentencing process. We affirm. This opinion will not ...

“While the Sixth Circuit’s reading of Apprendi is now perhaps a tenable one (and might indeed be the wave of the future), it is not, at this point, our reading. It is true, as noted by the Sixth Circuit, that ...

Plaintiff corporation had been defendant corporation’s exclusive Wisconsin sales representative for 28 years when defendant terminated the agreement with 90 days’ notice. Defendant did not pay plaintiff commissions for orders submitted during the 90-day period; plaintiff brought this action alleging ...

“[A] federal reserve bank is open to the public for substantially all of its banking functions whenever the check-processing department is open for the receipt of checks, which in the case of the Federal Reserve Bank of Chicago is 24 ...