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

“Attorney O’Byrne’s misconduct with respect to his handling of the estate and his failure to cooperate with the OLR’s investigation are serious failings warranting a suspension of his license. A 60-day suspension of his license to practice law is appropriate ...

Gary Wistrom appeals a summary judgment dismissing his claims for wrongful disclosure of medical records against Employers Insurance of Wausau and its employee, Margery Derby. We conclude that, under Wis. Stat. sec. 102.13(2)(a), an employee waives the physician-patient privilege with ...

“Even though the motion for reconsideration is denied, we find it appropriate now to withdraw the following language from the third sentence in paragraph 3, ‘-where one of the victims was his own child’, and the following language from the ...

Marsha Machotka appeals from an order denying her motion to establish a past child support obligation against William Bartlett. Bartlett argues that Machotka’s motion is barred by Wis. Stat. sec. 767.32 (1997-98) and claim preclusion. We agree that Machotka has ...

“Although not applicable to the 1998 guidelines used in Gracia’s case, we note that as of Nov. 1, 2000, the Sentencing Commission amended the Statutory Index (Appendix A), specifying which guideline section applies to the statutory conviction. The Commission wrote: ...

Sheila M.S. appeals the circuit court’s determination of child support, which was entered subsequent to a judgment of paternity finding that Michael J.M. was the father of Sheila’s child. Sheila contends that the circuit court improperly relied on a stipulation ...

United States Fidelity & Guaranty Company appeals from a judgment of $996,417 plus prejudgment interest and double costs in favor of its insured, Jonas Builders, Inc., and from an order denying its postverdict motions. USF&G challenges the jury’s findings that ...

A La Mode Distributors appeals from the circuit court’s judgment in favor of Westfield Insurance Company. The issue is whether the circuit court properly concluded that the policy issued by Westfield did not provide coverage to A La Mode for ...

Wesley H. (Wesley), appeals from the circuit court dispositional order, following a trial in which the jury found, among other things, that Wesley’s children, Wesley Jr., Brittany, and Wendy, were “at substantial risk of becoming the victim[s] of abuse,” and ...

Robert and Lana Wiese appeal from a judgment ordering them to convey land to Third World, LLC. The trial court granted summary judgment in favor of Third World after it sued the Wieses for the specific performance of a land ...

Aubrey and Irma Walker appeal from a judgment, following a jury trial, awarding them damages but not attorney’s fees. The Walkers argue that the trial court was incorrect in ruling that Wis. Stat. sec. 100.18 (1999-2000) does not apply to ...

“The parties here agree that Neiman [v. American National Prop. & Cas. Co., 2000 WI 83] does not expressly state whether the court was addressing a ‘facial’ or an ‘as applied’ challenge to retroactive application of the increased damages cap. ...

Arnold and Diane Schleicher appeal a judgment granting Jeffrey and Jone Riester specific performance on an option to purchase real estate. The trial court separated this action from the Schleicher’s third party misrepresentation action against the real estate agent who ...

“Under Walker, municipalities do not have a duty to cut roadside vegetation. Walker does not distinguish between municipalities that are negligent because they have not cut roadside vegetation at all and municipalities that cut roadside vegetation, but do so negligently. ...

Martha Steil appeals from an order affirming a decision of the Division of Hearings and Appeals that denied her application for institutional medical assistance. Steil argues that she complied with the requirements for eligibility under Wis. Stat. sec. 49.453 (1997-98), ...

“The attorney general interpreted this paragraph in determining whether a Wis. Stat. § 51.20 detainee was a patient subject to the right to be free from physical restraint while in the custody of the sheriff pending an involuntary commitment hearing. ...

Cassandra M. appeals an order requiring her to pay $1,500 restitution to the Hudson School District after she was adjudged delinquent for a bomb scare as party to a crime. Cassandra argues that the trial court erred by construing “damage ...

Ryan Ross appeals from a judgment of conviction, following his guilty plea, for possession of a controlled substance. Ross contends that the trial court erred in denying his motion to suppress. Specifically, Ross argues that his “Fourth Amendment rights were ...

This is a termination of parental rights case. Michael J.R., whose rights to his four natural children were terminated, raises three arguments, each of which we reject. His claim that Wis. Stat. sec. 48.415(4) is unconstitutional as a violation of ...

In court of appeals case No. 99-0957, Nathan Lalor has appealed from a judgment committing him for institutional care in a secure facility based upon a determination that he is a sexually violent person within the meaning of Wis. Stat. ...

Esther T. appeals from an order terminating her parental rights to Deon R.D., Jr. Esther claims the trial court erroneously exercised its discretion when it terminated her parental rights even though she complied with all the conditions required for the ...

“[T]he district court instructed the jury that: ‘If you conclude that Ms. Sirko had access to plaintiff’s copyrighted sculpture you should find in favor of plaintiff Susan Wakeen Doll Company if you find that defendant’s sculpture is substantially similar to ...

Lawrence Pieczynski appeals a judgment upholding his 1998 property tax assessment. The trial court initially granted Pieczynski’s request for reassessment, resulting in a $7,400 reduction. Pieczynski now challenges the second assessment, arguing that: (1) the board of review failed to ...

“When Cook disagreed with the terms of the 1999 agreement, Re/Max repeatedly attempted to negotiate with her regarding the agreement’s terms. Even after these negotiations, Cook had almost 7 months during which she could have executed the 1999 agreement, and ...

This appeal arises from a summary judgment dismissing Donna Walker’s action to foreclose a lien based upon a money judgment she obtained against Ray Johnson. At the time Walker’s judgment was docketed, Johnson owned the real estate upon which Walker ...

“[O]n this record, we readily conclude that the ALJ’s invocation of the presumption was proper. We find no merit to the coal company’s claim that Summers simply made conclusory assertions such as, ‘The rooms were very dusty.’ To the contrary, ...

Molecular Biology Resources Inc. appeals from a judgment of eviction resulting in a writ of restitution in favor of Business Park Development Co. LLC. The judgment also ordered Molecular Biology to refrain from removing any “improvements” it had made to ...

“The Union claims that the statute began to run in June of 1993, when the Union switched back from master to shift seniority with regard to sixth-day overtime opportunities. Casteel claims the overtime policy is a continuing violation that starts ...

Daniel Geller appeals from the judgment entered against him on March 2, 2001 granting a judgment of eviction to the plaintiff, Michael T. Mulqueen, et al., and terminating all of Geller’s contractual rights under four leases. Geller raises three issues ...

“We join the First and the Ninth Circuits in concluding that Congress has clearly manifested an intent to apply the amended definition of ‘aggravated felony’ retroactively… Section 321 of IIRIRA contains a clear and express directive from Congress that the ...