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Patent changes pending

Raye Lynn Daugherty practices intellectual property law at Michael Best & Friedrich, LLP Thomas Edison appeared to have the right approach when it came to ensuring his legacy and securing over 1,000 patents. A pair of recent federal legislative proposals ...

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Audit supports courts’ staffing

Wisconsin Law Journal file photo With the budget season rapidly approaching, the Milwaukee County Depart-ment of Audits in cooperation with the National Center of State Courts (NCSC) completed a summer-long investigation into the operating costs and efficiency of the county ...

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Frivolous Case Analysis

The court gave two options for how the defendant could have recovered sanctions because of the frivolous suit: move for sanctions under the old law prior to July 1, 2005; or move for sanctions under the new law between July ...

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State Bar referendum on hold

Wisconsin Law Journal File Photo It has been more than 15 years since the State Bar was briefly a voluntary organization, but current President Steven A. Levine has crusaded to re-open the issue for debate. Levine planned to generate discussion ...

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Attorney Fees Case Analysis

As the court noted, it has on several occasions in the past, criticized the practice of dismissing cases with prejudice, while reserving jurisdiction to enforce the terms of the settlement. The court has been doing so at least since Otis ...

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No Merit Case Analysis

The ultimate decision in this case may be correct, but the court’s reasoning will place appellate attorneys in an untenable position. The court cannot be faulted for finding that the client’s behavior in this case — refusing all three of ...

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Presumption Case Analysis

The most noteworthy aspect of this opinion is the court’s failure to even address a previous decision by a different panel of the Seventh Circuit, U.S. v. Demaree, No. 05-4213, 2006WL2328665 (7th Cir., Aug. 11, 2006). In Demaree, the court ...

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Seventh Circuit split widens

What the court held Case: U.S. v. Hankton, Nos. 03-2345 & 03-2915. Issue: Does the rebuttable presumption that a guideline sentence is reasonable apply at sentencing? Holding: Yes. The presumption is not limited to appellate review. The Seventh Circuit on ...

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Sanctions Case Analysis

The standard for what constitutes multiplying court proceedings “unreasonably and vexatiously” under 28 U.S.C. 1927 has been stated in many different ways. Normally, a court selects one of those definitions and applies it, as though there were no question about ...

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Capitol celebration honors chief justice

50-30-10 Using her wry wit, Abrahamson thanked everyone for helping her celebrate the mid-point of her career. Wisconsin Law Journal Staff Photo If Chief Justice Shirley S. Abrahamson had been inclined to play the Pick Three lottery on Sept. 6, ...

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Intervention Case Analysis

Although the decision in this case bars the firm from intervening in its former associate’s action to recover what it claims are fees due it, the decision does not bar other firms from intervening in future similar cases. Most important ...

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Former law firm denied intervention

What the court held Case: Lonergan v. Employers Mut. Cas. Co., No. 2005AP1959 Issue: Did the trial court properly exercise its discretion in not allowing the former law firm of the plaintiff’s attorney to intervene to collect what it claims ...

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Bucher, Van Hollen meet at MBA forum

Paul Bucher Discussing the problem of violence in Milwaukee: “This year there were 26 shootings after Memorial Day; that’s unacceptable. It’s not just a Milwaukee problem, it’s a statewide problem.” Moments prior to taking their seats at an open forum ...

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Plea Withdrawal Case Analysis

The court’s decision in Goyette is the first in Wisconsin to address “package plea agreements” (several unpublished cases use that term, but in those cases, the defendant was pleading to several unrelated cases; the charges were “packaged,” not the defendants). ...

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Court reviews claims for plea withdrawal

What the court held Case: State v. Goynette, No. 2004AP2211-CR & State v. Howell, No. 2005AP731-CR. Issue: Is a "package plea agreement" inherently coercive? Is a defendant who claims he did not understand party-to-a-crime liability entitled to an evidentiary hearing ...

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Misrepresentation Case Analysis

The effect of the decision is to render wholly ineffective the standard CGL exclusions of coverage for misrepresentations. Claims under sec. 100.20 are now ubiquitous, whenever the facts give rise to an action for common-law misrepresentation, and with good reason ...

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Insurer liable for unfair trade practices

What the court held Case: Stuart v. Weisflog’s Showroom Gallery, Inc., No. 2005AP1287 Issue: Does a standard CGL policy exclude coverage for claims of statutory misrepresentation under Wis. Admin. Code ATCP ch. 110? Holding: No. Only common law misrepresentation claims ...

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Presumption Case Analysis

The decision creates an intracircuit split of authority that, presumably, will have to be resolved by en banc review. Just one week to the day before this decision was issued, a different panel of the court held that there is ...

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