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'Intimate parts' include male chest

Hon. Daniel P. Anderson The touching of a boy’s chest, as well as a girl’s, is "sexual contact" within the meaning of sec. 948.02(2), because sec. 939.22(19) does not distinguish between the two in defining "intimate parts," the Wisconsin Court ...

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Roundtable Discussion Part 2

Last week, the Wisconsin Law Journal presented the first of a two-part series looking at the billing issues which lawyers face. WLJ brought representatives of six law practices together to discuss the topic of billing during a roundtable discussion on ...

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Intimate Parts Case Analysis

The legislature’s lack of any distinction between the male and female breast in sec. 939.22(19), combined with the numerous instances in which the legislature did so distinguish in other statutes, provides strong support for the court’s ultimate conclusion that the ...

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Secondary Liability Case Analysis

Given the plain language of the statute, as well as the legislative history, the court could not have reached any other decision than it did. Nevertheless, the court squandered a valuable opportunity to discuss the incongruence of sec. 81.17 with ...

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City cannot be held liable

"Since the jury found Keller liable, he is primarily liable and consequently, the City may not be held to pay the remaining amount of the jury award. Since Keller was dismissed from the action, no judgment can be rendered against ...

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Roundtable Discussion Part 1

Last month, the Wisconsin Law Journal brought representatives of six law practices together to discuss the topic of billing issues. The panelists ranged from solo practitioners to the managing partner of a firm with more than 175 attorneys. Editor Tony ...

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Knock and Announce Case Analysis

The Seventh Circuit has long suggested in dicta that exclusion of evidence is not required for violations of the knock-and-announce rule, but until now, it has been merely that — dicta. In U.S. v. Espinoza, 256 F.3d 718 (7th Cir. ...

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Suppression not remedy when rule violated

Hon. Richard A. Posner The Seventh Circuit on Dec. 31 held that the exclusionary rule does not require suppression of evidence seized after the police violated the knock-and-announce rule. Two unidentified informants reported to police in Indiana that drugs were ...

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Substitution Case Analysis

Needless to say, the guidance provided by the court will be far from clear to future parties when an opposing party dies. Very few cases will involve an intrafamily dispute in which it is abundantly clear that the party knows ...

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Logging Case Analysis

The decision has implications that are both very broad, and very narrow. The legal rules enunciated are arguably broad, because they apply not just to the exemption for logging equipment, but to all exemptions in sec. 70.111. For any taxpayer ...

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Save time, money with tech buys

The month-long holiday season is over, your checkbook is feeling a bit tight, but you think it’s time to upgrade the technology at your law practice. Sheryn Bruehl and David Grove have several suggestions that attorneys should keep in mind ...

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Top Defense Verdict for 2002

It’s a recipe for a rigorous case. A likeable plaintiff, is severely brain-injured, leaving his spouse emotionally and financially devastated; the incident at issue is a medical rarity; and the health care providers are honest, dedicated professionals. That’s the scenario ...

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Court addresses ethics, fee arbitration

Donald J. Christl Revisions to the rules of professional responsibility and fee arbitration were considered by the Wisconsin Supreme Court at its administrative conference on Dec. 18, with the court issuing a broad mission statement to the ethics commission, and ...

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Concession Case Analysis

The decision highlights the difference in the treatment of attorney concessions of guilt in the federal and state courts. Had Holman been charged in Wisconsin state courts, his attorney’s concession in the absence of consent would have required reversal per ...

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Court considers insurance coverage

“The timing of these events is significant as upon completion of the medical studies, the coverage under the conditional insurance agreement would have come into effect subject only to the condition of insurability.” Paul J. Pytlik, Hills Legal Group Ltd. ...

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Court considers emotional distress

The Wisconsin Supreme Court is considering whether a claim for negligent infliction of emotional distress can be brought in a medical malpractice case. The court has allowed parents to seek compensation for the negligent infliction of emotion distress in accident ...

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Of Jerry Maguire and mission statements

Thomas R. Streifender Everyone scoffs at Jerry Maguire when he unveils his grand mission statement. In the lesser-known Office Space, the movie’s twenty-something hero leads a revolt against his bosses, in part because they are constantly "cramming mission statements down ...

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Privilege Case Analysis

The initial reaction to the decision is that, whenever a married man is charged with a sex crime, he cannot invoke the spousal privilege to prevent his wife from testifying. The court’s repeated references to "sexual relations," and "sex crimes," ...

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Arbitration Case Analysis

The decision overturns the applicable law to the contrary in the Seventh Circuit, most recently applied in J.E. Liss & Co. v. Levin, 201 F.3d 848 (7th Cir. 2000). As a consequence of that, issues previously decided by the Seventh ...

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Standards adopted for amending pleadings

Hon. Margaret J. Vergeront Under Section 802.09(1), a court may permit amendment of the pleadings, even after summary judgment has been granted to the opposing party, the Wisconsin Court of Appeals held on Dec. 5. However, the court held that ...

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Amendment Case Analysis

The decision is highly suspect because it is premised upon an unfounded assumption — that there is a different standard for a plaintiff’s motion to amend pleadings after summary judgment for the defendant than after judgment upon a verdict. The ...

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Supreme Court hears bad faith case

The state Supreme Court is considering whether it is appropriate to preserve $3.5 million in punitive damages on a case that the District II Court of Appeals has remanded to the circuit court for a trial on bad faith. Although ...

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Lease Case Analysis

An interesting question could arise on remand if it is ultimately determined that the Goldammers breached the lease — whether they waived any objections to the unlawful attorney’s fees provision. A number of statements by the court suggest that, by ...

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