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Attorneys must relitigate case for free

“The best way for counsel to make the litigants whole is to perform, without additional fees, any further services that are necessary to bring this suit to a conclusion in state court, or via settlement.” Hon. Frank Easterbrook Seventh Circuit ...

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Jurisdiction Case Analysis

The decision is certainly not the first time the Seventh Circuit has chastised attorneys and lower courts for “insouciance toward the requirements of federal jurisdiction.” Nor is it the first time the court has punished attorneys for it. In Cincinnati ...

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Logging Case Analysis

The decision has significant tax implications, not just for logging equipment, but for all of the exemptions in sec. 70.111. The court of appeals’ opinion was arguably not limited to logging equipment, but adopted the “primary purpose” test for all ...

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Program reaches out to minority teens

Hon. Maxine A. White Fifty-nine percent of the state’s African-American population does not finish high school. That’s according to a study of graduation rates by the Manhattan Institute. It’s a dismal statistic, and one that Milwaukee County Circuit Court Judge ...

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Parent of underage drinker not immune

“That Craig may be considered a first party to a subsidiary transaction between himself and Gregory (because they consumed the alcohol together) does not make him a party to the transaction by which Mary Anne provided the alcohol to Gregory.” ...

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Immunity Case Analysis

The court noted in its discussion that, usually, alcohol immunity issues arise in cases of accidents caused by intoxication. Presumably, therefore, most cases in which this case will be cited for authority will involve underage persons who cause automobile accidents ...

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Sapp passes baton to Canter at MBF

“I see very little that goes on within this law firm that should not be openly discussed and communicated with associates. They are very much the future of the law firm, and the sooner we get them thinking like they’re ...

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Real Estate Case Analysis

Assuming that the court of appeals’ decisions are ultimately published, as recommended, the decisions last week significantly affect the law in the real estate field, and are intertwined with each other in several respects. In the most obvious example, the ...

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New Trial Case Analysis

The decision appears to foreclose review in circuit court of municipal court dismissals, but in fact does not. As the majority observed in a footnote, “the City had an opportunity to seek a meaningful review of the municipal court’s judgment ...

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Exclusions Case Analysis

The court’s general holding — that an exclusion to insurance coverage is invalid if the insured is not given notice of the provisions — cannot reasonably be disputed, as evidenced by the unanimous authority to that effect from other jurisdictions. ...

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Special assessment for new road overturned

“Purpose alone is not conclusive. The court must also consider the effect of the improvement by analyzing (1) the type of benefits conferred, and (2) their extent. This consideration should bear the greatest weight.” Hon. Thomas Cane Wisconsin Court of ...

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Assessment Case Analysis

The decision is problematic for two reasons: it is, at a minimum, logically inconsistent, and may be actually incorrect, insofar as it holds the City’s purpose — if that purpose was to benefit the City rather than the property owners ...

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Legislators Case Analysis

Although the court declined to define “session,” its decision and instructions upon remand implicitly reject Chvala’s interpretation and construe it to mean only actual session. The references to accommodating the legislature’s “schedule” cannot reasonably be reconciled with an interpretation that ...

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No right to counsel during interrogation

The Seventh Circuit held on Nov. 6 that, even though it was misleading for a police officer to tell a suspect who asked for an attorney “right now,” that he could not accommodate the request, admission of the suspect’s subsequent ...

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Interrogation Case Analysis

The decision has the potential to undermine the U.S. Supreme Court’s decision in Duckworth v. Eagan, 492 U.S. 195 (1989), at least when a defendant is arrested in Wisconsin and prosecuted in federal court. It is noteworthy that Duckworth is ...

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Roundtable Discussion – Part II

Marketing Law firms No matter what size they are, law firms need to let people know who they are and what types of services they offer. Whether they target prospective clients or possible referral sources, law firms are engaged in ...

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Roundtable Discussion – Part I

Marketing Law firms No matter what size they are, law firms need to let people know who they are and what types of services they offer. Whether they target prospective clients or possible referral sources, law firms are engaged in ...

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Surrogate service of process acceptable

Hon. Patricia S. Curley Service upon an agent in lieu of personal service on the individual is permissible, where the process server served a person claiming to be the defendant’s agent, pursuant to sec. 801.11(1)(d), the Wisconsin Court of Appeals ...

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Service Case Analysis

It is difficult to quarrel with the court’s holding affirming the dismissal of the suit against Diamond Blade Warehouse, Inc. However, the reinstatement of the suit against Mansfield suffers from two flaws: (1) sec. 801.11(1)(d) is either ambiguous, or it ...

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Roundtable Discussion – Part I

Marketing Law firms No matter what size they are, law firms need to let people know who they are and what types of services they offer. Whether they target prospective clients or possible referral sources, law firms are engaged in ...

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Doctors may have to disclose MMPI tests

It was error for an administrative law judge to find an applicant for workers compensation guilty of “obstructing” for refusing to submit to an MMPI test unless she could get a copy of it, the Labor and Industry Review Commission ...

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MMPI Case Analysis

The decision is flawed in two respects: it is contrary to precedent; and the hearsay definition of “statement” has no place in the analysis of what “statement” means in this context. The Wisconsin Supreme Court addressed the MMPI long ago ...

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