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

“Similar to respondeat superior, ‘captain of the ship’ is another theory that allows a party to invoke vicarious liability, but it has never been recognized in Wisconsin and, as the court of appeals acknowledged, has fallen into disfavor in other ...

“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 ...

“[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 ...

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 ...

“[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 ...

“Hi-Way argues that congressional intent and the statutory language establish an intent that no funds be collected from the employer until withdrawal has taken place. Hi-Way points to 29 U.S.C. sec. 1381(a), which provides that ‘[i]f an employer withdraws from ...

“[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 ...

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 ...

“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 ...

“By promulgating … regulations the executive brings the tribal recognition process within the scope of the Administrative Procedure Act. … And the Act has been interpreted (1) to require agencies, on pain of being found to have acted arbitrarily and ...

“[I]n the case of the search of the interior of homes – the prototypical and hence most commonly litigated area of protected privacy – there is a ready criterion, with roots deep in the common law, of the minimal expectation ...

Angel Rodriguez appeals, following a jury trial, from a judgment convicting him of attempted first-degree intentional homicide and burglary, both while armed with a dangerous weapon, and from an order denying his motion for postconviction relief. Rodriguez claims he was ...

Plaintiff had to cross defendant’s property because it was the only legal means of access to his boat. “The sole purpose of Urban’s walk over David’s property was to gain access to his boat to use for recreational purposes. Throughout ...

“The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit against the state and did so successfully: they are seeking to force the state to accede to their view of the Act ...

“Here, the parties submitted affidavits with conflicting statements as to whether an oral agreement existed. While the trial court may have considered the parties’ affidavits, some matters are ‘too grave to be decided on affidavits.’ [Citation]. Unless the facts are ...

Eduardo D. Handal appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Handal received ineffective assistance of trial counsel. Because we agree with the circuit ...

“At one point in time, the fact that the claim was unliquidated would have been of substantial importance… This common-law distinction has long since lost its hold on the legal imagination. Beginning in the early part of the last century, ...

“The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit against the state and did so successfully: they are seeking to force the state to accede to their view of the Act ...

“The trial court found, as a result, that the harm was caused by Lake Bluff’s business decision to proceed with construction before the final legality was determined. In essence, the trial court concluded that Lake Bluff was the party with ...

The City of Brookfield appeals from an order dismissing two uniform traffic citations that charged Daniel D. Ulmen with operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC) respectively. The dismissal ...

“The activity that the boys were engaged in, crawling through stacks of baled paper, while lighting matches and starting fires, is not included in the second part of the immunity statute’s definition which lists 28 specific recreational activities. Nor is ...

“[W]e need not decide the issue of whether the NASD is a state actor in this case because Otto admitted all of the facts necessary to establish his guilt, which dooms his due process arguments.” “Given Otto’s admissions coupled with ...

“We have reviewed the return to the writ of certiorari and find that there is substantial evidence to support the Commission’s conclusion that Gendrich’s release would pose a substantial risk to the public because he remains an untreated sex offender. ...

Richard Martin pled guilty to operating while under the influence of an intoxicant, second offense, contrary to Wis. Stat. sec. 346.63(1)(a). He appeals his conviction, contending that the trial court erred when it denied his motion to suppress evidence. Martin ...

Kristin J. appeals the trial court’s order terminating her parental rights to Alexis J. following the trial court’s entry of a default judgment against her. She also appeals the trial court’s denial of her motion asking for relief from the ...

“Nothing in the OAS Charter suggests an intention that member states will be bound by the Commission’s decisions before the American Convention goes into effect. To the contrary, the OAS Charter’s reference to the Convention shows that the signatories to ...

“The affidavit establishes that serial killers are uniquely likely to have a strong psychological compulsion to keep evidence of their crimes, even when they know they are under investigation. In fact, the affidavit establishes that serial killers may unreasonably flirt ...

Victoria D. Roesing appeals from a judgment of conviction after a jury found her guilty of operating a motor vehicle while under the influence of an intoxicant or other drug contrary to Wis. Stat. sec. 346.63(1)(a) (1999-2000). Roesing claims that ...

“As it is undisputed that the district informed M.R. of the charges against him, informed him of the date and time of his expulsion hearing, and granted him an opportunity to present exonerating or mitigating evidence, no rational juror could ...

“This history reveals that Wis. Stat. sec. 943.201(2) was targeted at much more than the isolated act of misappropriating the personal identifying information of another or the initial receipt by the defendant of a thing of value as a result ...