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

“Congress provided in the FCRA that the two-year statute of limitations runs from ‘the date on which the liability arises” subject to a single exception for cases involving a defendant’s willful misrepresentation of material information. sec. 1681p. The most natural ...

South Beach Capital Markets Incorporated appeals from the circuit court judgment confirming an arbitration award of $175,000 to Yasmin Horvath and amending the caption of the case to change the defendant’s name from “Collopy & Company, Inc.” to “Collopy & ...

Ernest Burton appeals from a judgment entered after a jury convicted him of robbery – use of force, and habitual criminality. Burton also appeals from the trial court’s order denying his postconviction motion. Burton argues that he was denied effective ...

“There is certainly nothing arbitrary about the Board’s decision to independently review prior disciplinary violations. Neither the Federal Circuit nor respondent has suggested that the Board has applied this policy inconsistently-indeed, the Board has taken this same approach for 19 ...

Mohns Inc. appeals from the judgment awarding Harley Paws Inc. $21,958.82 in damages, following a court trial. Mohns argues that the trial court erred in finding that it breached the construction contract it had entered into with Harley Paws. Mohns ...

A jury convicted Robert L. Albert of operating a motor vehicle with a prohibited blood-alcohol concentration of .10 percent. The jury also found him not guilty of operating a motor vehicle while under the influence of an intoxicant in connection ...

Even though the bus companies maintained that the MPS records custodian was required, under Woznicki v. Erickson, 202 Wis.2d 178 (1996) and Klein v. Wisconsin Resource Center, 218 Wis.2d 487 (1998), to set out exactly what factors were considered in ...

Beverly Wilson appeals an order affirming a decision of the Milwaukee Employees’ Retirement System Annuity and Pension Board. The issue is whether there was sufficient evidence to support the board’s determination that Wilson is not incapacitated for duty as a ...

Corey Schulte appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). He claims that the trial court erred in denying his motion to suppress the results of a blood test administered ...

Waukesha County appeals a circuit court order concluding that Jason H., an incompetent with a guardian, is a resident of Waukesha County for purposes of determining which county is responsible for funding Jason H.’s protective placement care. Waukesha County seeks ...

William Eckola was convicted of operating a motor vehicle with a prohibited alcohol concentration, sixth offense. The State argues that the circuit court erroneously exercised its discretion by placing Eckola on probation without requiring him to serve at least the ...

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 ...

This appeal arises from a judgment following a jury verdict in a medical malpractice case. Dr. Bruce Heyl, St. Elizabeth Hospital, and their respective insurance companies (collectively, Heyl and St. Elizabeth), argue that (1) insufficient evidence supports the jury’s verdict ...

“The district court here found the government’s reasons to be adequate and race-neutral. We agree that the reason stated is clear, specific and related to the case. The government had some information that Juror P could be related to a ...

Kenneth J. Seely appeals from a judgment convicting him of three counts of substantial battery with intent to commit bodily harm, second-degree sexual assault and intimidating a victim and from an order denying his postconviction motion for sentence modification. On ...

“Where, as here, the record is void of any specific information regarding the occurrence and nature of, as well as the circumstances surrounding the ex parte contacts, the impact thereof upon the jurors, and whether or not the juries were ...

“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. ...