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

Because the Guard has neither affirmatively regulated the working conditions at issue, nor asserted comprehensive regulatory jurisdiction over working conditions on uninspected vessels, it has not exercised its authority under sec. 4(b)(1). The OSH Act does not apply to working ...

Richard T. Buerger appeals the circuit court’s issuance of a harassment injunction. For the following reasons, we affirm. Not recommended for publication in the official reports. Dist IV, Jefferson County, Hue, J., Lundsten, J. Attorneys: For Appellant: Not given For ...

The Court rejects petitioners’ argument that they are entitled to relief under sec. 502(a)(3)(A) because they seek “to enjoin a[n] act or practice”-respondents’ failure to reimburse the Plan-“which violates … the [plan’s] terms.” An injunction to compel the payment of ...

Eleanor Ciganek appeals from a judgment awarding Jeffrey Sobczak $285,064.13 for damages (and costs) he sustained in a motor vehicle accident. The issues are: (1) whether Sobczak was required to present testimony from a vocational expert to substantiate his claim ...

“The language of section 1325(a) sets forth the specific and limited universe of requirements that must be met by a debtor in his or her proposed Chapter 13 plan. If those requirements are met, and, as here, the Trustee fails ...

Juan Pagan, Jr. and Allstate Insurance Company (collectively, “Allstate”) appeal from a judgment entered in favor of Daniel S. Stasiewicz. Allstate claims: (1) the trial court erred in failing to dismiss Stasiewicz’s claim for permanent injury; (2) the trial court ...

“[N]one of [these attributes] is enough to bring Lopez within the definition of a Title VII supervisor – as there is nothing in the record indicating that Bodine entrusted him with the authority to ‘hire, fire, demote, promote, transfer, or ...

Tammy L. Beier appeals from the judgment of conviction entered against her. The issue on appeal is whether there was sufficient evidence to support the jury’s verdict. Because we conclude that there was sufficient evidence to support the verdict, we ...

“Despite the most diligent care, Nawrot cannot completely control his blood sugar level. He suffers from unpredictable hypoglycemic episodes, of such extreme consequence that death is a very real and significant risk. On the occasions he suffers from such an ...

Duane Bull appeals from an order denying his motion for postconviction relief filed pursuant to Wis. Stat. sec. 974.06 (1999-2000). His motion raised numerous issues concerning a 1995 sexual assault conviction, and subsequent postconviction proceedings. We conclude that the trial ...

“From an economic standpoint, the Commission’s preference for allocating available capacity to the bidder willing to pay the most for it is sound. It has the effect of allocating resources to those who most value them, and it results in ...

Thomas Henkel appeals a judgment of conviction and an order denying his postconviction motion. He raises a number of issues, including ineffective assistance of counsel, whether the court should have granted a continuance, and whether the court erred by excluding ...

“This court has defined persecution as ‘punishment or the infliction of harm for political, religious, or other reasons that this country does not recognize as legitimate.’ Roman, 233 F.3d at 1034… We believe that the mistreatment endured by Mr. Begzatowski ...

Accordingly, the trial court erred in denying plaintiffs’ request to compel the city to arbitrate their grievances. “The crux of the City’s decision to not arbitrate the grievances filed by Gustafson and Cornejo, and of the trial court’s ruling upholding ...

Jay M. Timm appeals from a judgment of conviction for the unlawful use of a telephone pursuant to Wis. Stat. sec. 947.012(1)(a). Timm also appeals from an order denying his postconviction motion to withdraw his plea, or, in the alternative, ...

“If the existence of an alternative legitimate purpose were a defense to a charge of insider trading, any insider who wanted to be able to engage in such trading with impunity would establish an estate plan that required him to ...

Gary Lesniak appeals from an order dismissing his counterclaim, dismissing his third-party claim, and granting default judgment in favor of Sukhjitpal Dhillon. He claims the trial court erred by dismissing his counterclaim, his third-party claims against the City of Milwaukee ...

Derwin D. Jones appeals from a judgment convicting him of first-degree sexual assault with a dangerous weapon and child enticement for purposes of sexual contact. On appeal, he argues that the State violated his Fifth Amendment right to remain silent ...

“This case does not involve erosion of the principle that all elements of the offense must be proved beyond a reasonable doubt or of the principle that wholesale conversion of offense elements to affirmative defenses would be an impermissible infringement ...

Suzanne Falter appeals from the order of Judge Thomas Sazama denying her request for attorney fees under the Wisconsin Consumer Act (WCA) and the order of Judge Richard Stafford denying her motion for reconsideration. The sole issue on appeal is ...

Eric Jason Smiley appeals from a judgment entered after a jury found him guilty of first-degree intentional homicide, while armed with a dangerous weapon. He also appeals from an order denying his postconviction motion. Smiley claims: (1) the trial court ...

“To the extent that Wallace is implicitly inviting us to reject Stoia, Cerro, and Montana, and to adopt the Cancilla approach, we decline the overture. (We are aware that the Supreme Court has under consideration the case of Mickens v. ...

“After considering the text of the agreements, we conclude that the contracts are susceptible to reasonable alternate interpretations thereby rendering them ambiguous. Although we cannot accept the proposition that Section 7 only permitted the termination of a single service, beyond ...

“The facts show that another enterprise called Learning W@rks was formed, and that Markel had lunch with several other employees of UWLI to discuss job opportunities. Markel was only confronted after management collected information and documents regarding this enterprise, and ...

“The plaintiffs never identified a Caucasian employee or a male employee who was in a supervisory position similar to that which either of them held, with similar responsibility for the bus crisis, who was not demoted to the same degree ...

“Minger harassed Gawley for a period of approximately seven months. At times, he made up to three inappropriate comments to her each day. During this time, she told Minger at least ten times to stop harassing her. Even though her ...

“After demonstrating constructive discharge, the plaintiff must show that the constructive discharge was motivated by discriminatory intent-in this case, religiously discriminatory intent. See Simpson, 196 F.3d at 877. But contrary to the Chicago Hospitals’ assertions, it is not necessary that ...

“Barbara contends that the chief judge review is discretionary because the statute says Judge Warpinski’s determination ‘may’ be reviewed. However, the full context reads that the determination may be reviewed ‘if the party who made the substitution request files a ...

Robert and Josyanne Stanek, pro se, appeal a summary judgment of foreclosure granted in favor of the Wisconsin Housing and Economic Development Authority (WHEDA). The Staneks argue that the trial court erred by granting WHEDA’s motion for a summary judgment ...

“The prosecutor’s affirmation of the plea agreement was not adequate to overcome the prosecutor’s covert message to the circuit court that a more severe sentence was warranted than that which had been recommended. … “This case presents a close question. ...