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Case Digests

00-3267 Makeeff v. Labor and Industry Review Commission, et al.

Dennis Makeeff appeals a judgment affirming a decision of the Labor and Industry Review Commission denying him worker’s compensation benefits. Because substantial and credible evidence supports the Commission’s decision, we affirm the judgment. This opinion will not be published. Dist III, Eau Claire County, Gabler, J., Per Curiam Attorneys: For Appellant: Dean R. Rohde, River Falls For Respondent: Jerome S. ...

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00-3202-CR State v. John

John Robert John appeals his amended judgment of conviction for burglary, party to a crime, requiring him to pay restitution in the amount of $27,980. He also appeals an order denying his motion to enjoin the entry of the restitution order. John argues that the circuit court lost jurisdiction to determine the amount of restitution to be imposed as a ...

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00-2666 State of Wisconsin, et al. v. City of Rhinelander, et al.

The City of Rhinelander appeals summary judgments dismissing its action against several insurance companies. The City contends that its liability insurers must indemnify the City for expenses it agreed to pay for landfill remediation in a settlement with the State. The City also claims that the insurance companies breached their duty to defend the City, even though the companies provided ...

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01-1192-CR State v. Flores

Gilberto Flores, pro se, appeals from an order dated April 13, 2001, denying his post-conviction motion for sentence credit for one month and 26 days of earned good time credit. Flores contends that the trial court erred in applying Wis. Stat. sec. 302.11(6). Because the trial court did not err in its application of sec. 302.11(6), this court affirms. This ...

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01-1143 In Re the Termination of Parental Rights to Ebony M.: State v. Dwight J.

Dwight J. appeals the order terminating his parental rights to his daughter, Ebony M., after a jury found that he had failed to assume his parental responsibilities. The trial court subsequently found that Dwight J. was an unfit father and that the termination was in Ebony M.’s best interests. Dwight J. argues that the trial court erroneously exercised its discretion ...

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00-3753, 00-3879 Greenwell v. Aztar Indiana Gaming Corp.

“[A] substantial relationship between the alleged tort and some traditional maritime activity must … be shown… That element is missing here. … The referral was innocent and the alleged negligence of the doctors unforeseeable … The ordinary law of medical malpractice is adequate to deal with the consequences of the operation by medical landlubbers on Greenwell’s back for a condition ...

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01-1407 In the Interest of Heather M.M.: State v. Heather M.M.

Heather M. appeals from an order adjudicating her delinquent. She claims that the trial court erred in concluding that it lacked the power to enter a consent decree pursuant to Wis. Stat. sec. 938.21(7) (1999-2000). We conclude that this statute permits a trial court to enter a consent decree, as defined in Wis. Stat. sec. 938.32(1). We therefore reverse and ...

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00-3097 Tobin for Governor, et al. v. Illinois State Board of Elections, et al.

“In this case, the method by which the petition and the objections to it were evaluated was remarkably like a trial. First, written objections to the petition were filed. A hearing on the objections was scheduled, and the parties were given notice of the hearing date. Both the objectors and the candidates were represented by attorneys at the hearing and ...

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01-1583-FT In the Interest of James A.H.: State v. James A.H.

James A.H. appeals from an order placing him in 10 days of secure detention after he violated a condition of supervision by testing positive for THC. At the sanctions hearing, the circuit court offered to impose and stay the sanction if James would disclose the name of the person who furnished James’ marijuana, but James refused. James argues that the ...

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99-3076, 99-3336, 99-3891, 99-3892, 01-2050 NOW, et al. v. Scheidler, et al.

“[W]e cannot agree with the defendants’ contention that sec. 1964(a) is a purely ‘jurisdictional’ statute, despite the Ninth Circuit’s characterization of it in that way in Imagineering, Inc. v. Kiewit Pac. Co., 976 F.2d 1303, 1307 (9th Cir. 1992) (construing Wollersheim holding as jurisdictional). What sec. 1964(a) does is to grant district courts authority to hear RICO claims and then ...

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00-2484 Roemer v. Department of Natural Resources

Benjamin Roemer appeals a judgment affirming a decision of an administrative law judge that a structure he constructed is an unlawful “fixed boathouse.” Roemer claims the structure is a boat. He argues that the structure does not fit the definition of a fixed boathouse contained in Wis. Stat. sec. 30.01(1r) and that the DNR should be estopped from claiming the ...

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00-2547 Merheb v. Illinois State Toll Highway Authority

“[T]he issue is not whether Merheb was a menace; it’s whether he appeared to be. Unlike the plaintiff in Crawford v. Runyon, 37 F.3d 1338, 1341-42 (8th Cir. 1994), he doesn’t deny having engaged in the conduct that led him to be fired and there is no doubt that several employees were seriously frightened by his outburst. Two of them ...

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00-3334 State v. Wenk

“The differences of opinion between the doctors and the trial court lay with their prediction of Wenk’s likely behavior when released. The trial court remarked that, although Wenk had not abused drugs for ten years, his sexual assaults were directly related to his mental illness brought on by his use of inhalants. Despite the doctors’ beliefs that Wenk would not ...

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00-1802 In the Matter of the Special Assessment #R-98-32 of the City of Chippewa Falls: Moehagen v. City of Chippewa Falls

The City of Chippewa Falls appeals that part of a judgment setting aside a special assessment against residential property owned by Edwin and Kathy Moehagen. The City argues that the circuit court erred by concluding that the method used to determine the special assessment was unreasonably applied. We reject the City’s argument and affirm the judgment. This opinion will not ...

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00-4059 Greer v. Board of Education of the City of Chicago

“This case is somewhat unusual because it involves a school district’s reliance upon a consent decree, which was designed to eliminate vestiges of discrimination and to promote equal opportunity for minority teachers and students, as the basis for denying an African-American a teaching position at one particular school. Nevertheless, nothing prevented Greer from obtaining work at other schools in the ...

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00-0915 Schultz v. Sykes, et al.

“There are few, if any, functions of a circuit court more vital in maintaining its dignity or accomplishing the purposes of its existence than ensuring the truthful disclosure of facts. When parties attempt to influence witnesses to lie under oath, this at best interferes with the court’s ability to impartially adjudicate the instant case, and at worst can undermine both ...

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00-3182 Schultz v. Trascher

Barbara Trascher appeals from a judgment entered following a court trial dismissing Suzanne Schultz’s claims for adverse possession and prescriptive easement, but concluding that the fence Trascher erected on her own property constituted a private nuisance. The trial court concluded that the placement of the fence unreasonably impaired Schultz’s use and enjoyment of her garage. The trial court ordered Trascher ...

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01-1155 Kepple v. Massanari

“The ALJ’s conclusion that Kepple is not disabled is supported by the opinion of the medical expert, as well as two ophthalmologists. In addition, the fact that Kepple is able to drive a car, watch television, and take care of three small children belies his argument that his vision is so significantly impaired as to prevent him from working. Furthermore, ...

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00-2595 In Re Schultz v. Sykes: The Journal Sentinel, Inc. v. Schultz

John’s various constitutional challenges are similarly unavailing. Order concluding that 50% of John’s wages were subject to garnishment to satisfy a judgment against his wife is affirmed. Recommended for publication in the official reports. Dist I, Milwaukee County, Dugan, J., Dykman, J. Attorneys: For Appellant: John R. Schultz, Mequon, pro se For Respondent: John R. Dawson, Milwaukee; James L. Huston, ...

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01-0748-FT Belisle v. Belisle

Paul Belisle appeals a judgment of foreclosure entered in favor of his mother, Shirley Belisle. He argues that the court erroneously (1) applied the statute of frauds; (2) found that he was in default in making land contract payments; and (3) failed to credit payments he made on the contract. We reject his arguments and affirm the judgment. This opinion ...

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01-1172, 01-1176 In the Matter of: Mexico Money Transfer Litigation

“Were the class’s claims worth more than $40 million, plus the cy pres relief, plus the value of the injunction? Like the district court, we think not – indeed, we think that the claims had only nuisance value (including their value in generating bad public relations for the defendants). This settlement is more in the nature of a PR gesture… ...

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00-3544 Purdy v. Cap Gemini American Inc.

Even though plaintiff’s request for attorneys’ fees is based on a contract, not on a statute, and the request in Hartman v. Winnebago Cty., 216 Wis.2d 419 (1998) was made pursuant to 42 U.S.C. sec. 1988, which specifically provides that sec. 1988 attorneys’ fees are “costs,” we conclude that the proffered distinctions are unavailing. “As we have noted, the supreme ...

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00-2296 Strahm v. General Casualty Insurance Company of Wisconsin, et al.

Allstate Insurance company appeals a judgment awarding Amy Strahm $53,500 for injuries she suffered in a traffic accident with its insured, George Cielinski. Strahm had previously been in three other accidents that were consolidated for trial. The other three defendants settled with Strahm before trial. Allstate argues that the trial court improperly exercised its discretion when it refused to allow ...

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99-3323 Malachinski v. Commissioner of Internal Revenue

“Even if Dr. Malachinski’s remittance could be considered a payment rather than a deposit when it was transferred and credited to his 1982 account, sec. 6512(b)(4) nevertheless prevents the tax court from exercising jurisdiction over the remittance. … The Senate Report explains that … ‘the Tax Court does not have jurisdiction over the validity or merits of the credits or ...

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01-0178 Gragg v. American Family Mutual Insurance Co.

“The Graggs next argue that where two people sustain bodily injury in a single accident, the highest limit of liability referred to in the ‘two or more cars insured’ clause is the $300,000 per accident limit. While the rule thus stated is accurate, it does not apply in this case. The injuries suffered by Karen and Brittany are derivative claims ...

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01-0238-CR State v. Scheiwe

Michael Scheiwe appeals from a judgment of conviction for 14 counts of criminal nonsupport. Scheiwe argues that 12 of the counts should be dismissed because they are barred by the statute of limitations or the doctrine of laches. He also seeks a new trial on grounds that the trial court erroneously admitted hearsay testimony concerning Scheiwe’s intention to avoid paying ...

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01-1173 Bliss Salon Day Spa v. Bliss World, LLC

“So far as the record reveals, not a single customer has ever expressed confusion about source, returned one of Bliss World’s products to Bliss Salon seeking a refund, or complained to Bliss Salon abut the high prices in Bliss World’s catalog. Bliss Salon has not conducted a survey or offered any other means by which the district court infer a ...

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00-3083 State v. Haynes

“Here, there does not appear to be any delay between the traffic violation and the officer’s decision to act. Grabski testified that after witnessing the violation, he immediately activated his emergency lights and siren. Grabski’s pursuit of Haynes was continuous and uninterrupted. In addition, the period of time between the violation, the start of the pursuit and Haynes’s apprehension was ...

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00-3264-CR State v. Bullard

Barry Bullard appeals a judgment of conviction, entered after a jury trial, on eight drug charges and an order denying postconviction relief. Bullard argues (1) that portions of the second amended information should be dismissed because there was no preliminary hearing; (2) that counts 1 and 2 are multiplicitous; (3) that he was denied effective assistance of counsel; (4) that ...

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00-3538 CAE, Inc. v. Clean Air Engineering, Inc.

“To support its argument that no overlap exists between the parties’ products and services, Clean Air relies heavily on the admissions of several of CAE, Inc.’s employees that, at present, CAE, Inc. does not provide technical consultation, testing, research or engineering in the field of environmental processes, for which Clean Air sought registration, nor does it provide equipment for air ...

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