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Case Digests

01-0071-CR State v. Jackson

Dwayne Jackson appeals an order denying his motion for resentencing. He argues that the trial court unreasonably drew an inference from his sporadic employment record that he supported himself by selling drugs and that this inference created a risk of punishing him because of his poverty. We reject that argument and affirm the order. This ... Subscribe Login Digital and ...

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01-0660 In Re the Marriage of: Schwaller v. Schwaller

Michael A. Schwaller appeals from the portion of the property division of the judgment of divorce which awarded the marital residence to Tammy L. Schwaller. Michael argues on appeal that the circuit court misused its discretion when it awarded the residence to Tammy. We conclude that the circuit court properly exercised its discretion and affirm ... Subscribe Login Digital and ...

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01-1714-CR State v. Bauknecht

Martin Bauknecht appeals from his 12-year sentence and denial of his motion for postconviction relief on four counts of issuing worthless checks as a habitual criminal. The single issue on appeal is Bauknecht's challenge to the circuit court's exercise of sentencing discretion. Bauknecht contends that the sentence is harsh, excessive and disproportionate to the offense ... Subscribe Login Digital and ...

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00-2938 In Re: the Marriage of Zeka v. Zeka

Gary Zeka appeals his judgment of divorce, challenging the trial court's decisions with respect to property division and the term of maintenance awarded to his former wife, Wendy Zeka. He also contends that the record fails to support the trial court's determinations with respect to a child custody and placement stipulation. Because the record supports ... Subscribe Login Digital and ...

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00-3833 First Health Group Corp. v. BCE Emergis Corporation

"No business is entitled to a trial after which judge and jury will determine how language ought to be used, as if usage were a question of law or logic. It is enough to guard against misleading expressions that play on how language is used. Perhaps First Health might have some room for maneuver if ... Subscribe Login Digital and ...

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01-1477 In Re the Termination of Parental Rights to Kassandra T.: Rock County Department of Human Services v. Phyliss K.T.

Phyliss T. appeals the order terminating her parental rights to Kassandra T., and the order denying her claim of ineffective assistance of counsel. Because Phyliss has failed to meet her burden of demonstrating trial counsel was ineffective, we affirm the trial court's orders. This opinion will not be published.Dist IV, Rock County, Lussow, J., Vergeront, ... Subscribe Login Digital and ...

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00-4025 Davis v. Ruby Foods, Inc.

"It is an abuse of discretion (the normal standard applied to decisions relating to the management of litigation, and the one by which dismissals for violation of Rule 8 arereviewed, Kittay v. Kornstein, 230 F.3d 531, 541 (2d Cir. 2000); In re Westinghouse Securities Litigation, 90 F.3d 696, 702 (3d Cir. 1996); Kuehl v. FDIC, ... Subscribe Login Digital and ...

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01-2188 In the Interest of Macala M.E.: Brown County Department of Health & Human Services v. Marion L.M., et al.

Marion L. M. appeals from an order terminating her parental rights to Macala M.E. Marion argues that the trial court failed to make a finding that her conduct undermined her ability to function as a parent and, therefore, she was denied substantive due process. Because this court concludes that the trial court made the necessary ... Subscribe Login Digital and ...

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00-2173 Richman v. Sheahan

"The policies articulated in our quasi- judicial immunity cases have less force when, as in this case, the challenged conduct is the manner in which the judge's order is carried out, and not conduct specifically directed by a judge. Reading Richman's complaint in the light most favorable to her, the claim is not that the ... Subscribe Login Digital and ...

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01-2095 In Re the Termination of Parental Rights to Daniel M.E.: Brown County Department of Human Services v. Dawn M.E.

Dawn M.E. appeals an order terminating her parental rights to her son, Daniel M.E. She contends that the evidence was insufficient to support the jury finding grounds to terminate her parental rights. Dawn also argues that the trial court erroneously exercised its discretion when it terminated her parental rights. This court disagrees and affirms the ... Subscribe Login Digital and ...

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00-2355 Penn v. Ryan's Family Steak Houses, Inc.

"[T]his case differs from the typical case in which an employer and employee agree to arbitrate their disputes because of the complicated three-party approach by which Ryan's sought to bind Penn to arbitration. Although Penn obviously was motivated to sign the arbitration agreement because Ryan's otherwise would not have considered him for employment, the contract ... Subscribe Login Digital and ...

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01-1501-FT Taff, et al. v. Town of Burke

Dennis Taff, Daniel Gartner and Mansion Realty appeal a summary judgment that dismissed their appeal from a special assessment levied against them by the Town of Burke for water mains installed along their respective properties in the Taff Subdivision. They claim that the notice of the town board's hearing was defective and that the method ... Subscribe Login Digital and ...

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00-1892 Mathis v. Phillips Chevrolet Inc.

"According to an offer of proof Phillips made just before the trial began, there were significant irregularities in Mathis' applications at these other dealerships. In one case, when the dealership offered Mathis an interview, Mathis left and never returned. In three other cases, the dealership alleged that Mathis filled out an application but took it ... Subscribe Login Digital and ...

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00-2732 Mueller, et al. v. Kearns

Diana M. Kearns, pro se, appeals from a judgment entered after a bench trial. Kearns argues that the trial court erred when it: (1) denied her claim for an abatement of water run-off; (2) ordered her to asphalt a portion of a roadway easement; (3) denied her claim to present payment for asphalt paving; (4) ... Subscribe Login Digital and ...

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00-1603 Lalvani v. Cook County, Illinois

"While no reasonable jury could conclude on this record that Coleman's decision to terminate Lalvani was motivated by Lalvani's ethnicity or his having filed a discrimination complaint in 1989, there are other kinds of 'cause' that are still relevant to a career employee. Here, there is substantial evidence that Coleman was dissatisfied with Lalvani's performance ... Subscribe Login Digital and ...

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01-1204-FT Jevic Enterprises Inc., et al. v. Schultz

Arlo and Loran Schultz appeal from a judgment granting injunctive relief to Jevic Enterprises Inc., and the Nevada Heights Homeowner's Association, Inc. The court concluded that the Schultzes' residence violated a restrictive covenant of the Nevada Heights Subdivision, and ordered it removed. The issues are whether the trial court properly construed the covenant in question ... Subscribe Login Digital and ...

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00-2592 Rivera v. Vandeboom, et al.

Beth T. Vandeboom and State Farm Mutual Automobile Insurance Company (collectively, "State Farm") appeal from a circuit court judgment, following a jury trial, awarding Miguel A. Rivera $548,312.23 in damages for injuries he suffered in a collision between the motorcycle he was driving and the automobile Vandeboom was driving. State Farm seeks a new trial, ... Subscribe Login Digital and ...

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01-1051 Threadgill v. Moore U.S.A., Inc.

"Although the statute itself does not specify who the recipient of the notice must be, our case law is unambiguous. 'The 90-day period of limitation set forth in 42 U.S.C. sec. 2000e-5(f)(1) begins to run on the date that the EEOC right-to-sue notice is actually received either by the claimant or by the attorney representing ... Subscribe Login Digital and ...

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00-3469 Ritzel, et al. v. Wausau Business Insurance Company, et al.

Jason Ritzel appeals from the circuit court judgments dismissing his action, following its decision granting summary judgment to The Marcus Corporation d/b/a Budgetel Inn and its insurer, and to Arthur Talley, an R&E Protective Services security guard working at the Budgetel where Ritzel was shot during an altercation in the Budgetel parking lot. Ritzel argues ... Subscribe Login Digital and ...

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00-2674, 00-2757 Dadian v. Village of Wilmette

"The jury heard testimony about the costs to the Village in granting the front driveway permit, which included zoning and land-use concerns but minor administrative costs, and about the needs of the Dadians, which included the need for Mrs. Dadian to avoid twisting and turning and walking for long distances. The jury also heard from ... Subscribe Login Digital and ...

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00-2102 Felland and Nordic Financial Corp. v. Sauey

"We are ... unpersuaded that the purpose of Wis. Stat. sec. 440.77 was to allow those contracting with loan brokers to avoid fulfilling their contractual obligations by providing them with 'a technical escape from a fair and definite agreement.' [Citation] Further, Nordic Group has not shown that 'the factors that argue against enforcement clearly outweigh ... Subscribe Login Digital and ...

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01-0472-CR State v. Nichols

Patricia Nichols appeals from a judgment of conviction on 34 counts of failure to provide adequate food and drink to confined animals under Wis. Stat. sec. 951.13(1) (1999-2000), 34 counts of providing improper shelter and sanitation for animals under Wis. Stat. sec. 951.14(4), and from a subsequent denial of her postconviction motion. She asserts: (1) ... Subscribe Login Digital and ...

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01-1473, 01-1477 Gallagher, et al. v. Abbott Laboratories

"What sinks plaintiffs' position is their inability to identify any false statement-or for that matter any truthful statement made misleading by the omission of news about the fda's demands."Much of plaintiffs' argument reads as if firms have an absolute duty to disclose all information material to stock prices as soon as news comes into their ... Subscribe Login Digital and ...

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00-0846-CR State v. Golden

Parish M. Golden appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issues on appeal are whether Golden received ineffective assistance of trial counsel and whether the trial court erred in the procedure it used to select alternate jurors. Because we conclude that Golden did ... Subscribe Login Digital and ...

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00-3237 In Re: the Attorneys' Fees in Yu v. Zheng

"The court's award of fees for overtrial is consistent with the policy underlying fee awards approved in prior appellate cases. Zhang's appeal of issues lacking arguable merit unnecessarily and unfairly added to the time and expense for Yu's attorney to respond to his appeal. It also violated the circuit court's order and wasted appellate judicial ... Subscribe Login Digital and ...

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01-0499-CR State v. McCoy

Bernard J. McCoy appeals from a judgment entered on a jury verdict finding him guilty of delivery of fewer than five grams of cocaine, within 1,000 feet of a school, as party to a crime. He also appeals from the trial court's order denying his motion for postconviction relief. He claims that he was denied ... Subscribe Login Digital and ...

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00-2627 Teleport Inc. v. Ameritech Mobile Communications Inc.

"As a matter of law, Tele-Port's obvious concern about Car Phones+'s significant success in the market, combined with what Gary Rosenberg told his brother and Tele-Port's own receipt of money apart from the cooperative advertising funds, gave Tele-Port sufficient information to trigger the required inquiry so that it would have, in the exercise of reasonable ... Subscribe Login Digital and ...

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01-0595 County of Dane v. Mawhinney

Jeffrey J. Mawhinney was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration, both as first offenses. He moved to suppress the results of a blood alcohol test. The circuit court granted the motion because it concluded that the police did not have probable cause to ... Subscribe Login Digital and ...

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01-0583 In Re: the Incorporation of the Town of Port Washington v. Village of Port Washington

"Thus, when the description and map contained in the petition are viewed together, there can be no doubt as to the location of the territory sought to be incorporated. The territory was clearly identifiable and could be ascertained by the public. Moreover, the errors in the map are inconsequential when compared to the total amount ... Subscribe Login Digital and ...

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