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Case Digests

00-2605 State v. Ramirez

“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 ...

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00-3558-CR State v. Burks

Susan Burks appeals her judgment of conviction for operating while under the influence of an intoxicant, third offense, contrary to Wis. Stat. sec. 346.63(1)(a). Burks argues that the circuit court erred by denying her motion to suppress the results of ...

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00-1101 & 00-1505Higbee v. Sentry Insurance Co.

“Here, although the release discussed at the conference purported to waive all of Higbee’s claims, the parties had not even discussed the worker’s compensation claim. Indeed, Higbee’s own attorney had ‘forgot[ten] all about that’ until a day or two after ...

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00-2519-CR State v. Hendrickson

Improper factors; modification; ineffective assistance Following conviction upon his Alford1 plea to one count of first-degree sexual assault, Richard Hendrickson moved for permission to withdraw his plea and for sentence modification. Hendrickson appeals the order denying his motion. He argues ...

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00-4029Firstar Bank, N.A. v. Faul

“‘[L]ocated’ should be construed to maintain jurisdictional equality between national banks and state banks or other corporations. In order to maintain this parity, national banks would need potentially to be citizens of two different states, since under 28 U.S.C. sec. ...

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00-2331 Haas v. Stark, et al.

Vance R. Stark appeals from a judgment granting Jon A. Haas a default judgment. Because the circuit court did not misuse its discretion by declining to extend the time for Stark to answer Haas’s complaint and entering a default judgment, ...

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00-3023-CR State v. Daniel R.F.

Joinder and severance; jury instructions Daniel F. appeals a judgment convicting him of first-degree sexual assault of a child and an order denying his motion for postconviction relief. He argues that his conviction should be overturned because (1) the trial ...

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00-3250Dye v. Wargo

“Dye has not cited, and we have not found, any case holding that a mutual release of civil liability is unenforceable under federal law. Federal courts have not embraced the view, see Owen M. Fiss, Against Settlement, 93 Yale L.J. ...

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00-2473 Bammert v. SuperValu Inc.

Karen Bammert appeals a judgment dismissing her action for wrongful discharge, claiming that her termination from employment violates public policy. Bammert alleges that she was fired because her husband, a police officer, participated in her employer’s wife’s arrest for driving ...

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00-0310-CR State v. Morris

Speedy trial; presumptively prejudicial delay Pharoah Morris appeals a conviction for armed robbery. He contends that he did not receive a speedy trial, in violation of the Wisconsin and United States Constitutions. We disagree, and therefore affirm. This opinion will ...

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00-2908Heard v. Sheahan

“The district court … thought the date of accrual was when the plaintiff discovered he had a medical problem that required attention. This would be correct if the suit were for medical malpractice. … But it is not; malpractice does ...

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00-3816Holman v. United States Railroad Retirement Board

Under [Califano v. Goldfarb, 430 U.S. 199 (1977)], dependency requirements violate the Equal Protection Clause. But [Heckler v. Mathews, 465 U.S. 728 (1984)] recognized that such a requirement may be revived if it is substantially related to a legitimate purpose ...

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00-1617 Volden v. OKK Corporation, et al.

Thomas and Barbara Volden appeal from a judgment dismissing their complaint against OKK Corporation and OKK U.S.A. Corporation (collectively, OKK). They challenge each of the trial court’s rulings on motions after verdict, particularly as those rulings rest on the trial ...

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00-2271Wynn v. Southward

“Wynn alleges that he has been unable to chew his food without his dentures, significantly impeding his ability to eat, and that he has suffered bleeding, headaches, and ‘disfigurement.’ These allegations are sufficient to demonstrate that Wynn has a serious ...

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00-2172 In Re the Marriage of: Huycke-Sossaman v. Sossaman

Dean K. Sossaman appeals from an order vacating a stipulation modifying a judgment of divorce. The issue presented is whether the circuit court erroneously exercised its discretion when it vacated a stipulation and order. Because we conclude that the court ...

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00-3306Guerrero v. Ashcroft

“Guerrero next offers statistical studies conducted by an expert, Dr. LaLonde, tending to show that Hispanic and Black agents are promoted far less frequently than other agents. We have found statistical evidence to be admissible and helpful in disparate treatment ...

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99-2036 Good News Club v. Milford Central School

“What matters for purposes of the Free Speech Clause is that we can see no logical difference in kind between the invocation of Christianity by the Club and the invocation of teamwork, loyalty, or patriotism by other associations to provide ...

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00-2916Clay v. Holy Cross Hospital

“Clay presents no evidence to rebut Seliga’s testimony that Gaffney advised him that Clay was uncooperative with the Hospital’s marketing efforts, and that Clay failed to participate in any of the Hospital’s 25 marketing events. Clay attempts to refute this ...

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00-549 Cedric Kushner Promotions, Ltd. v. King

“Linguistically speaking, an employee who conducts the affairs of a corporation through illegal acts comes within the terms of a statute that forbids any ‘person’ unlawfully to conduct an ‘enterprise,’ particularly when the statute explicitly defines ‘person’ to include ‘any ...

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99-0001 Lewis v. Physicians Insurance Co. of Wisconsin

“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 ...

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99-3415EEOC v. Yellow Freight System, Inc.

“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 ...

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