The Homer Glen, Ill., attorney who was found guilty of trying to hire another inmate to kill his wife while he was locked up in the Will County jail has asked to represent himself again: http://bit.ly/1q42FK2
Read More »Impact of Scalia’s death on forced arbitration and consumer class actions
In the wake of U.S. Supreme Court Justice Antonin Scalia’s death, many pundits debated his influence on hot topics such as affirmative action, the Second Amendment and same-sex marriage.
Tagged with: Antonin Scalia
Read More »Court fumbles with abortion-case ruling
The Court of Appeals rejected Planned Parenthood’s bid for declaratory judgment on the construction of two abortion statutes, and in the process damaged the idea of justiciability.
Tagged with: abortion Bench Blog Jean DiMotto Richard Niess
Read More »George Mason Law changing name to ASS Law
George Mason was a founding father. He was one of the men who was responsible for the Bill of Rights — he wouldn’t sign the constitution without it (or at all, ultimately). Now, the law school at the university that bears his name is changing its name to the Antonin Scalia School of Law at George Mason University — or ASS Law: http://bit.ly/1RRHBQu
Read More »View from around the state: Courts paint phony picture to justify fees
Even the National Gallery in Washington, D.C., with paintings by Rembrandt and Van Gogh, allows flash photography.
Tagged with: Wisconsin Clerks of Circuit Court Association
Read More »The fundamentals of expert witness cross-examination
“A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it.” -- John Henry Wigmore
Tagged with: cross-examination Expert witness
Read More »Woman convicted of working for decade as unlicensed attorney
A former president of a county bar association in Pennsylvania has been convicted of using forged documents to pose as an estate lawyer for a decade even though she didn't have a law license.
Read More »BENCH BLOG: Community caretaker function case highlights decline of high court
A majority of the Wisconsin Supreme Court justices expanded the contours of the community-caretaker exception to the Fourth Amendment's warrant requirement even while embarrassing themselves through the way they reached their decision.
Tagged with: Bench Blog community caretaker function Fourth Amendment Jean DiMotto
Read More »CRITIC’S CORNER: Truth or doubt: Where should the emphasis lie in jury instructions?
In Wisconsin, criminal jury instruction 140 defines reasonable doubt for the jury. Strangely, however, after defining reasonable doubt, the instruction concludes by telling jurors that “you are not to search for doubt. You are to search for the truth.”
Tagged with: Critic's Corner juries Michael D. Cicchini
Read More »View from around the state: Supreme Court contest matters as much as presidential vote
While the attention will be on the presidential competitions, there will be an equally important contest on the April 5 ballot. Voting for a place on the state Supreme Court will determine whether Wisconsin's historic commitment to judicial independence and integrity will be renewed.
Tagged with: JoAnne Kloppenburg Rebecca Bradley Wisconsin Supreme Court
Read More »Closing Arguments: Is Wisconsin’s collateral-source rule worth preserving?
Wisconsin lawmakers this year are once again gave serious consideration to eliminating the state’s collateral-source rule, a doctrine that has been around in Wisconsin for nearly a century and whose roots extend into common law.
Tagged with: Closing Arguments Paul Curtis Robert Jaskulski
Read More »A crawl space too small
My job, like any Wisconsin trial lawyer, is to make sure safety rules are followed. That means if you are injured or a loved one is injured because of someone else's carelessness, shortcuts, or cover-up of a problem, we're here to help you.
Tagged with: immunity Russ Golla
Read More »BENCH BLOG: Court stretches in heroin blood draw case
In a case involving suspected heroin abuse, the Wisconsin Supreme Court decided a warrantless blood draw was justified primarily because heroin tends to dissipate rapidly in a person's bloodstream.
Tagged with: Bench Blog Daniel Bissett heroin Jean DiMotto State v. Parisi
Read More »View from around the state: Sen. Johnson should break ranks on court nominee
As Senate Republicans stand in an unbroken line of opposition to even the thought of considering a nominee to replace Justice Antonin Scalia on the U.S. Supreme Court, Sen. Ron Johnson of Wisconsin is standing right there with them.
Tagged with: Antonin Scalia Ron Johnson
Read More »ON ETHICS: Death of a law firm
A very large Milwaukee-based firm, Gonzalez Saggio & Harlan, has died.
Tagged with: Gonzalez Saggio & Harlan Nate Cade On Ethics
Read More »BENCH BLOG: Does long arm of Wisconsin law extend down under?
The Court of Appeals has ruled that a Wisconsin resident cannot obtain long-arm jurisdiction over the Sydney Morning Herald without offending the Due Process Clause.
Tagged with: Bench Blog Jean DiMotto Richard Sankovitz Roderick Salfinger
Read More »Why care about workers’ comp?
I practice workers' compensation law. I represent injured workers.
Tagged with: Charles Domer workers' comp
Read More »7th Circuit getting its crack at arbitration agreements
Recent years have seen a great proliferation of mandatory arbitration clauses, the so-called arbitration agreements that preclude potential plaintiffs from bringing class-action claims.
Tagged with: 7th Circuit Federal Arbitration Act Habush Habush & Rottier
Read More »View from around the state: Avoid temptation to seal court records
Imagine the horror of being wrongly imprisoned for a heinous crime you didn't commit. In Wisconsin, that has happened to an estimated 40 people in the past 25 years.
Tagged with: Open Records wrongful conviction
Read More »BENCH BLOG: Apartment parking garage is not curtilage
The Wisconsin Supreme Court has ruled that a parking garage that lies beneath an apartment building and has locked entrances is not protected curtilage under the Fourth Amendment.
Tagged with: Ann Walsh Bradley Bench Blog Donald Hassin Fourth Amendment Jean DiMotto Lisa Neubauer Pat Roggensack Paul Reilly Wisconsin Supreme Court
Read More »Requiring lenders to sell after foreclosure would ward off ‘zombie’ properties
Foreclosing plaintiffs should be compelled to bring abandoned properties to sale because judicial economy requires it and because failure to do so causes municipalities and taxpayers to suffer adverse, unfair and unjust consequences.
Tagged with: foreclosures
Read More »CRITIC’S CORNER: Two rules for educating tomorrow’s lawyers
Our nation’s law schools are facing serious troubles, including widespread allegations of false advertising. One California school, for example, is about to stand trial over accusations that it lured students with bogus graduate-employment statistics. Among other law schools facing similar ...
Tagged with: Critic's Corner Michael D. Cicchini
Read More »View from around the state: Regulate drones, but don’t ban them
"Star Wars" might be big at the box office, but drone wars are cropping up all over the country, including Wisconsin.
Tagged with: drones
Read More »LAWBIZ COACHES CORNER: When looking to the future, be sure to protect the past
Sixty-five was selected as the targeted retirement age because, at the time, only a small percentage of the population lived beyond it, and thus the cost of insurance was manageable.
Tagged with: Ed Poll Lawbiz Coaches Corner retirement
Read More »BENCH BLOG: Errors abound in child sexual assault case
An attorney’s recent representation of a defendant charged with child sexual assault was so ineffective that the defendant’s constitutional right to counsel was violated and his convictions reversed.
Tagged with: Bench Blog Ellen Brostrom Jean DiMotto Joan Kessler
Read More »View from around the state: What ‘Making a Murderer’ missed
Over the past month, the name Steven Avery has dominated headlines throughout the state and nation.
Tagged with: Steven Avery
Read More »Listen up: Be your best on Twitter
The essential thing to remember about social media is that it lets you seek or enjoy the companionship of others using means that also let you consume information and that are shared by the news media.
Tagged with: Social media Twitter
Read More »Corporate political spending can stay secret in Wisconsin
Wisconsin lawmakers are insisting that they didn’t intend to allow corporate political donations to remain secret under the recent overhaul of the state’s campaign finance laws.
Tagged with: Frank Easterbrook G.A.B.
Read More »Lawmaker imposes dress code on female witnesses
A dress code imposed by a Kansas Senate committee chairman that prohibits women testifying on bills from wearing low-cut necklines and miniskirts is drawing bipartisan ridicule from female legislators: http://bit.ly/1TbpCGt
Read More »Want to have your best year yet? (ADVERTORIAL)
Hooray, New Year’s resolution season is upon us!
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