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Plea Agreement Case Analysis

As unfortunate as the decision is for Bowers, whose plea agreement was plainly breached by the State in this case, defendants in future cases may nevertheless be able to avoid the same result, even when identical facts are present. Both ...

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Chapter 980 Case Analysis

Although the court remanded this case to the circuit court for factfinding to determine whether Mark’s statements were "compelled," it is unclear what, if any, relevant facts it expects to be developed on the record, that were not already available ...

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TIS Case Analysis

In State v. Cole, 2003 WI 59, 262 Wis.2d 167, 663 N.W.2d 700, the Wisconsin Supreme Court wrote, when faced with similar mathematical difficulties presented by TIS-I: "both sides present reasonable arguments in support of their respective interpretations. On the ...

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Legal Residuum Case Analysis

A question raised by this decision is whether the results in future cases can be changed by reframing the issue. Section 227.57(6) provides, “the court shall not substitute its judgment for that of the agency as to the weight of ...

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Plain Error Case Analysis

In adopting the “limited remand” approach to plain error, the Seventh Circuit takes the middle ground in what has become a three-way division among the Circuits. The Second Circuit is largely in accord with the Seventh Circuit. U.S. v. Crosby, ...

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Law firm partner not an employee

The Seventh Circuit held on Feb. 15 that a partner in a law firm with only three other general partners is an employer, not an employee, under the civil rights laws. In 1989, James D. Solon joined the law firm ...

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Law Firm Case Analysis

As a case involving whether a partner in a law firm is an employer or employee, the decision has important ramifications beyond employment law. It is noteworthy that, although the court purports to apply the six-factor test of Clackamas Gastroenterology ...

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Company exempt from WARN

The Worker Adjustment and Retraining Notification Act (WARN Act) was not violated when Arthur Andersen laid off employees after it was indicted, the Seventh Circuit held on Feb. 11. Arthur Andersen LLP had 27,000 employees in 80 locations around the ...

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WARN ACT Case Analysis

The decision’s precedential value is undercut, because only half of the analysis will remain applicable to future cases. On the issue of causation, the court concluded, "Andersen could not indict itself. Andersen was not like a company that secretly plotted ...

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Contribution for court costs denied

There is no right to contribution with regard to court costs from another nonprevailing party, the Seventh Circuit held on Feb. 7. Roy Griffin was a truck driver employed by Active Transportation Company. One night, as he was driving a ...

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Contribution Case Analysis

The discussion of contribution is noteworthy in two respects: (1) its hostility; and (2) its use of the term "disproportionate" — rather than "discrete" — costs, to describe the only instance in which contribution for court costs would be allowed. ...

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Law schools help public interest graduates

Many lawyers seeking employment in the types of law traditionally considered public interest work soon discover that the market for those positions is tight. But even those who find jobs may wonder whether they can afford to take them. Wisconsin’s ...

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Tampering Case Analysis

The ultimate decision in this case — that Hays’ conduct satisfies the interstate commerce element of 18 U.S.C. 1365(a) — is correct, but the reasoning is unsound, and if taken to its logical conclusion, can lead to convictions in cases ...

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Warranty deed does not bar claim in equity

Execution of a warranty deed does not extinguish a co-tenant’s ability to seek equitable reimbursement for improvements made prior to the deed, the Wisconsin Court of Appeals held on Feb. 1. From 1951 to 1994, brothers Gerald and Emmett O’Connell, ...

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Reimbursement Case Analysis

Even if an "inchoate, potential cause of action in equity" is not an "encumbrance," within the meaning of sec. 706.10(5), as the court found, the decision in this case is nevertheless incorrect, because it is a "lawful claim" within the ...

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Roundtable Discussion

State/Federal Forums Part 2 Choosing to file a case in state or federal court is one of the first and most important decisions a litigator makes. The forum will determine the rules lawyers must follow and the way the case ...

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State Bar plans to join amicus brief

Gov. James M. Brennan The State Bar of Wisconsin has decided to join an amicus brief supporting the University of Michigan Law School in a lawsuit challenging the school’s use of race as a factor in admissions. During its recent ...

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Courts can banish stalker from county limits

"Margaret has been stalking these people for a decade and has ignored previous orders to cease and desist. She has expressed no remorse and exhibits no inclination to discontinue her dangerous fixation on the people she torments. Banishment from Walworth ...

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Banishment Case Analysis

Even though the court of appeals has previously upheld a banishment order in Nienhardt, the analysis in this case bears little resemblance to that case. Although the court stated, after discussing the decision in Nienhardt, "Thus, banishment is not a ...

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