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

“[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 ...

“A review of NLRB decisions reveals that the agency considers a General Counsel’s and Charging Party’s opposition to a settlement to be a powerful reason to disregard the settlement unless the NLRB considers the reasons behind the opposition to be ...

Martin E. Rosenthal appeals from a judgment entered in his favor, granting his motion to reopen and vacate a default judgment that Dawn M. and Johnnie D. Sabel secured against Rosenthal on Aug. 25, 1987. Rosenthal challenges only that part ...

“To deny review here would not necessarily cause Florida to go to trial without the suppressed evidence with further appeal barred in the event of an acquittal or the federal claim mooted in the event of a conviction. The state ...

Jimmy Bridges appeals from an order dismissing his certiorari petition and finding the petition frivolous. Because the circuit court did not state any reasons for its conclusions, we reverse and remand for further proceedings. This opinion will not be published. ...

“Paragon’s argument does have a degree of merit – terms like ‘operate[ ]’ and ‘provider’ suggest that one should look to whether a group of attributes making up the institution have changed such that the SNF may be described as ...

The Department of Health and Family Services (DHFS) appeals from an order directing it to grant Medical Assistance benefits to the eight Respondents, after some of the Respondents prevailed in a related federal suit. DHFS argues that the Respondents’ claims ...

“The Kendallville ordinance affirmatively violates a requirement set out in sec. 20106, which as we said requires that the state law, regulation, or order not place an unreasonable burden on interstate commerce. To uphold enforcement of the ordinance would do ...

Thomas W. Koeppen appeals from a judgment of conviction of bail jumping as a habitual criminal and from an order denying his motion for postconviction relief. Koeppen argues that the evidence adduced at trial was insufficient and that he was ...

“People who commit that offense may end up committing another, and violent, offense, such as robbing a bank at gunpoint, but that doesn’t make the possession offense violent. Otherwise we would have to say that the offense of driving a ...

Daniel Shea appeals from the trial court’s order denying his motion for postconviction relief brought pursuant to Wis. Stat. sec. 974.06 (1999-2000). Shea raises several issues addressing the prosecutor’s alleged failure to provide him with discovery materials. We affirm. This ...

“Even assuming the confidential informant would testify as Jefferson claims he would, Jefferson has not shown that such testimony would be particularly significant to his defense. Unlike the defendant in [U.S. v. Bender, 5 F.3d 267 (7th Cir. 1993)], Jefferson’s ...

Larry Peterson appeals a conviction for second-degree sexual assault. He also appeals an order denying postconviction relief. Peterson argues that he should be granted a new trial in the interest of justice because the real controversy was not fully tried. ...

“When blame for discrimination is laid at the feet of a single decisionmaker, or a small group of individuals, it is comparatively easy to find ‘commonality.’ … Here, by contrast, the decisions of apparently hundreds of center managers are implicated, ...

Anthony A. Suslick appeals from the judgment of conviction entered against him. The issue on appeal is whether the circuit court erroneously exercised its discretion when it refused to allow Suslick to withdraw his pleas. Because there is support in ...