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Legislature passes medical malpractice cap

“The justice system works and the Legislature should allow that process to work and allow juries to determine those damages.” David M. Skoglind Aiken & Scoptur The Wisconsin Senate passed a bill last week that would reestablish medical malpractice caps ...

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Reconfinement Case Analysis

Admittedly, when a defendant is reconfined after revocation of extended supervision, the need for review of the original sentence and presentence investigation (PSI) is not as great as when the court originally withheld sentence, and the defendant is subsequently sentenced ...

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Reconfinement need not review sentence

When a court reconfines a defendant after revocation of extended supervision, it need not review the original sentencing transcript or presentence investigation, the Wisconsin Court of Appeals held on Nov. 2. In 2001, Brandon E. Jones pleaded guilty to one ...

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Disparity Case Analysis

The biggest question raised by the decision is what defendants should do in order to show that their sentences are disparately long, relative to similar offenders. Newsom cited three Seventh Circuit cases in which defendants received substantially shorter sentences, although ...

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Bankruptcy courts flooded with filings

Last-minute bankruptcy filings The Eastern and Western Districts of Wisconsin experienced record bankruptcy filings during the two weeks prior to the new bankruptcy rules taking effect. Eastern District Filings: 7,100 Western District Filings: 3,955 When the new bankruptcy reforms hit, ...

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Immunity Case Analysis

On its face, the court’s opinion appears unobjectionable — case law provides a number of considerations; and the court proceeds to consider each individually, deciding whether they weigh in favor of the plaintiff or the defendant. However, in the context ...

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Med mal cap debate moves to Senate

The state Senate Agriculture and Insurance Committee heard testimony on Oct 27, concerning legislation which would reinstate caps for noneconomic damages in medical malpractice actions. The proposed legislation comes from Assembly Bill 766 and Senate Bill 393. Earlier in the ...

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Low 401(k) returns may cause lawsuits

As baby boomers retire over the next few decades, a wave of lawsuits may develop against former employers and plan sponsors for failing to invest people’s 401(k) money wisely. “I think there’s going to be an influx of suits, because ...

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Conflict Case Analysis

The court only addressed the issue of prejudice, and finding none, never considered whether an actual conflict of interest existed. As a result, it is likely that some enterprising prisoners will latch onto this decision, and make similar claims, arguing ...

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Grand Jury Case Analysis

The decision will be valuable to litigants in two situations: specifically, when a party seeks federal grand jury testimony for a state court proceeding; and generally, whenever an opposing party argues that a statute, as written, produces absurd results. In ...

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Court enjoins disclosure

Even if the government erroneously disclosed grand jury materials to nongovernmental personnel, Rule 6(e) forbids further disclosure to another party, the Seventh Circuit held on Oct. 21. Joseph Jaskolski, a private investigator, assisted federal prosecutors in an investigation that led ...

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Prejudice Case Analysis

The court’s conclusion that Anderson failed to show prejudice — because the state had an overwhelmingly strong case — is troubling. The case is properly classified as a “he-said/she-said” case, turning entirely on the relative credibility of the defendant and ...

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Court finds guilt overwhelming

“The trial court’s communications regarding the reading back of Anderson’s testimony did not prejudice Anderson. First, the State had a strong case against Anderson. The jury had the opportunity to view the video interview of M.L., in which she convincingly ...

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Whistleblower Case Analysis

The decision leaves employees in the awkward position of not knowing whether, in fact, the whistleblower law makes the Division of Equal Rights the exclusive forum for adjudication of claims or not. The answer would seem to be no, inasmuch ...

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DWD loses jurisdiction over claim

“We reject Albrechtsen’s (and the Dissent’s) suggestion that subject matter jurisdiction can be switched ‘on and off’ at will, or that Wis. Stat. sec. 230.88(2)(c) permits jurisdiction to be initially possessed by the Commission, lost to the federal court and ...

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Sentencing Case Analysis

The decision raises the interesting question of whether, post-Booker, the trial court’s sentence in U.S. v. Cross, 289 F.3d 476 (7th Cir. 2002), which the court cited by way of analogy, would withstand scrutiny. In Cross, the defendant was convicted ...

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Sentence in excess of guidelines reversed

“Having identified the relevant factors, the judge did not single out any aspect except criminal history. … These are significant concerns, but they overlap and, as far as we can tell on this record, are encompassed by the district court’s ...

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Standing Case Analysis

The decision is long on dicta, if short on binding precedent. Unless a district court grants the motion for vacatur and expresses a lack of confidence in the soundness of the judgment rendered in his own court, the case will ...

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Intervenor lacks standing to appeal

“So remote is the prospect that Enrick could have derived a benefit in suit number 2 from vacating the settlement in suit number 1 that we conclude that he has not established standing to pursue this appeal.” Hon. Richard A. ...

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Identification Case Analysis

Whether the Supreme Court in State v. Dubose, 2005 WI 126, 699 N.W.2d 582, implicitly overruled State v. Marshall, 92 Wis.2d 101, 284 N.W.2d 592 (1979), is an important question that demands consideration by the Supreme Court, and prosecutors adversely ...

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Accidental ID may be inadmissible

An “accidental identification” of a defendant, out-of-court, is unreliable and must be suppressed, the Wisconsin Court of Appeals held on Sept 28, where it occurs just outside the courtroom on a day when the witness expects to see the alleged ...

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Vienna Case Analysis

The court is the first of the circuits to permit damage claims for Article 36 violations. All have rejected suppression of evidence as a remedy, and two — the Fifth and Sixth — have expressly held that no individual rights ...

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