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‘Amounts payable’ not ambiguous term

“While the ‘amount payable’ provision would arguably permit further reductions, it would not cause a reasonable insured to believe that reductions would not be made for actual payments already made from other sources. Hon. Neal Nettesheim Wisconsin Court of Appeals ...

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‘Specializing in‘ not an ambiguous term

“The concepts of ‘primarily’ and ‘specializing in’ are clear. Additionally, that various fact-finders may apply those concepts differently in apparently similar cases does make the concepts themselves ambiguous or vague. The restrictive covenants are valid.” Hon. Ralph Adam Fine, Wisconsin ...

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Covenant Case Analysis

With a better drafted restrictive covenant, the Tumbleweeds restaurant could easily have avoided the result in this case — leaving it up to the whim of a jury whether a Chili’s restaurant constitutes a “Mexican restaurant,” or serves “primarily Mexican ...

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Village liable for unbonded contractor

“Municipal liability for failure to ensure that a contractor furnishes a proper bond protects subcontractors, taxpayers and the municipality itself.” Hon. Charles P. Dykman Wisconsin Court of Appeals A municipality is liable to a subcontractor for its failure to ensure ...

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Subcontractors Case Analysis

Two questions regarding the notice of claim issue stand out immediately upon reading this decision. The first is why the court wrote as if this were an issue of first impression, rather than simply stating that this issue was settled ...

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Testimony Case Analysis

Notwithstanding the court’s decision, attorneys should vigorously contest that part of the decision that holds a defendant and his attorney can be compelled by the State to testify at an evidentiary hearing, if necessary. The court held that a defendant ...

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Warrant Case Analysis

The majority opinion is remarkable in its discussion of probable cause for the near total absence of discussion of State v. Schaefer, 2003 WI App 164, 266 Wis.2d 719, 668 N.W.2d 760. The court does cite the case, but only ...

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Sentencing Case Analysis

The decision (or at least the issue) will certainly have to be reviewed by the U.S. Supreme Court, and as Judge Easterbrook stated, “soon.” Within one business day of this decision being issued, a conflict between the circuits was created ...

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Dog-bite case challenges

“They’re not the easiest cases to try, just about everybody on a jury owns a dog and likes dogs and sees themselves in the position of the defendant.” Lynn R. Laufenberg, Laufenberg & Hoefle, Milwaukee Dog-bite cases dominated the discussion ...

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Review Case Analysis

The decision is unfortunate, for, as the dissent notes, Kolupar has indeed been victimized twice — once by the defendants, and once by the judicial system. Nevertheless, the decision is not as bad for consumers as the court of appeals’ ...

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In the shadow of Alt

“[T]here effectively is going to be no separate award for pain and suffering damages between the time that the injury occurred and the time of the death, regardless of how prolonged that period might be” Lynn Laufenberg Laufenberg & Hoefle ...

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Economic loss doctrine applies to real estate

“We have a written, bargained-for contract for the sale of commercial-use land between two sophisticated parties represented by counsel during the negotiation process. This is the kind of situation that is tailor made for the application of traditional contract law.” ...

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Economics Analysis

The decision casts into doubt two recent decisions of the court of appeals. The first is Insurance Co. of North America v. Cease Elec., Inc., 2004 WI App 15, 269 Wis.2d 286, 674 N.W.2d 886 (petition for review granted, Feb. ...

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Borrowing statute includes statutes of repose

“Wenke’s attempt to commence this action in Wisconsin epitomizes forum shopping, and validating his action would disregard one of the clear purposes of sec. 893.07.” Hon. David T. Prosser Wisconsin Supreme Court The Wisconsin Supreme Court held on July 7 ...

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Borrowing Statute Analysis

Apart from the holding, which is itself a major change in the law, the decision is noteworthy for a significant change in the relevance of legislative inaction following a court decision. In Green Bay Packaging v. DILHR, 72 Wis.2d 26, ...

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Accommodation Case Analysis

When Crystal Lake Cheese Factory v. LIRC, 2003 WI 106, 264 Wis.2d 200, 664 N.W.2d 651 was decided at the end of last term, it created a major difference between state interpretation of the Wisconsin Fair Employment Act and federal ...

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Franchisor not vicariously liable for negligence

“The quality and operational standards typically found in franchise agreements do not establish the sort of close supervisory control or right to control necessary to support imposing vicarious liability on a franchisor.” Hon. Diane S. Sykes Wisconsin Supreme Court The ...

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Vicarious Liability Case Analysis

Although the case affirms the court of appeals decision, it nevertheless changes the law, by making it much less likely that a fast-food franchisor can be held vicariously liable for other injuries, specifically, those resulting from defects in the food, ...

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Shorter shifts can be required for disabled

“This is a sea change in Wisconsin employment law because heretofore employers were not required to forego valid business decisions to suit employees and prospective employees who were not able to undertake job-related responsibilities.” Hon. Patience D. Roggensack in dissent ...

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