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Sentencing Case Analysis

Inasmuch as the decision threatens to undermine the validity of every conviction entered pursuant to a plea since the inception of Truth in Sentencing, it should be expected that the State will seek review, and that the Supreme Court will ...

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Corporate Veil Case Analysis

Although the decision does not apply to actions governed by Wisconsin law, the result would likely be the same in such cases. In Consumer’s Co-op of Walworth County v. Olsen, 142 Wis.2d 465, 484, 419 N.W.2d 211, 217-218 (1988), the ...

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Curfews on minors violate First Amendment

A curfew on minors impermissibly chills the exercise of their First Amendment rights and is unconstitutional, the Seventh Circuit held on Jan. 22. In Indiana in 1999, shortly after 11 p.m., Colin Hodgkins and three friends left a restaurant after ...

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Curfews Case Analysis

Even though the case only held an Indiana statute unconstitutional, the reasoning will have repercussions in Wisconsin. Because Wisconsin has no statute establishing a curfew, but leaves that to individual municipalities, compliance with the decision will be far more complicated ...

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Assembly hears testimony on SPD bill

State attorneys educated the state Assembly’s Committee on Corrections and the Courts in testimony on Jan. 14, concerning 2003 Assembly Bill 616, which would increase eligibility for appointment of counsel by the State Public Defender. The bill, introduced by Rep. ...

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FDCPA Case Analysis

The decision has the potential to not only expose attorneys to liability merely for filing a legitimate complaint, but to create havoc in the courts in numerous ways. First, requiring these notices will create confusion for the debtor. The notice ...

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CGL Insurance Case Analysis

Justice Roggensack’s dissent characterizes the majority opinion as transforming a standard CGL policy into a “performance bond,” an accurate assessment that need not be iterated. The decision can also be understood (especially by attorneys) as transforming the standard CGL policy ...

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7th Circuit vacates deporations to Bulgaria

“There is evidence that Bulgaria’s former communist bigwigs, quickly recycled as socialists and now busy cosying up to the United States, retain significant power in Bulgaria and continue to pursue the old vendettas against anticommunists.” Hon. Richard A. Posner Seventh ...

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Persecution Case Analysis

The decision does not necessarily mean that either of the immigrants will actually obtain withholding of removal. However, some of the court’s language is so strong as to suggest that it may be a foregone conclusion. For example, while the ...

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Take active role toward enhancing security

Last week, the Wisconsin Law Journal looked at some of the strategic planning that firms need to consider when addressing security issues. In part two of Technology Security, a security expert suggests some of the things individuals can do to ...

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Reconsideration Case Analysis

Although the decision affirms the court of appeals’ decision, it nevertheless changes the current law. Under the court of appeals’ decision, motions for reconsideration were not permitted at all; under this decision, they are permitted, but do not affect the ...

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Firms must actively pursue security

Kelly Hansen As computers have become a major tool for legal research, document production and storage, communication with clients and more, the problems associated with assaults on those systems have also risen. That makes it essential for law firms to ...

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Derivative asylum claim rejected

An alien parent who has no standing to remain in the country cannot establish a derivative claim for asylum based on hardship to a citizen child in the event of the alien’s deportation, the Seventh Circuit held on Dec. 31. ...

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Deportation Case Analysis

The decision creates an anomaly in that asylum could be granted if the alien’s daughter is not a citizen, but not if the daughter is a citizen. In this case, Oforji could not be eligible for asylum pursuant to 8 ...

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Reconsideration motion does not extend appeal

“A party in a small claims action may simultaneously move for reconsideration and initiate an appeal. Allowing a tenant to move for reconsideration under sec. 805.17(3) thus does not contravene the legislative intent to provide a ‘speeded-up’ forum for eviction ...

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High Court on track to adopt Rule 11

Proposed change to rules regarding frivolous lawsuits The petition before the Supreme Court would result in two significant changes: 1) Trial judges would have discretion in the awarding of costs and attorneys fees when the court determines an action is ...

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Conveyance from LP to LLC is taxable

“Simply put, had the legislature intended to grant the exemption the companies seek, it could have done so easily — without relying on alchemic, albeit ingenious, statutory deconstruction.” Hon. Ralph Adam Fine Wisconsin Court of Appeals The transfer of real ...

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Transfer Fee Case Analysis

Notwithstanding the court’s decision, there are two ways in which the conveyance in this case could be done that would effect substantially the same result, and still avoid the transfer fee. First, the companies could utilize 77.25(9) — exempting conveyances ...

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Attorney fees get discharged in bankruptcy

“Judges are not entitled to override the legislative approach with a lawyercentric public policy that puts members of their own social class higher in the priority list at the expense of other creditors, or of the debtors themselves.” Hon. Frank ...

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Bankruptcy Case Analysis

In the wake of this decision, bankruptcy attorneys will have to be far more careful to ensure that they get paid for their services. The decision suggests two ways for attorneys to do that. First, the decision effectively requires attorneys ...

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