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Resentencing Case Analysis

The decision in this case finally brings Wisconsin law into accord with federal law on this issue, after decades of misapplication. It was only last term, in State v. Church, 2003 WI 74, 262 Wis.2d 678, 702-704, 665 N.W.2d 141, ...

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Why Marquette Law?

EDWBA President William J. Mulligan is a shareholder at Davis & Kuelthau, S.C., and Past President Nathan A. Fishbach is a shareholder at Whyte Hirschboeck Dudek, S.C. Why is the Eastern District of Wisconsin Bar Association bestowing its Outstanding Service ...

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Paternity Case Analysis

The court’s application of equitable estoppel, while simultaneously rejecting the equitable parent doctrine, creates an arbitrary distinction between different classes of cuckolded husbands. The first category of such husbands are those such as Randy, who believe that his wife’s child ...

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Court considers safe place statute

The state Supreme Court is considering a case that will determine whether a business can be held liable when a customer slips and falls even though there is no way to determine how long the hazard existed. The case involves ...

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Wisconsin law governs foreign corporations

“Wisconsin laws regarding a corporation’s duty to its creditors are not obsolete or senseless, as contemplated by Heath. Since Beloit Corporation’s activities that are the subject of this case primarily occurred in Wisconsin, it makes sense to apply the laws ...

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Corporations Case Analysis

The decision has two potentially signficant ramifications. First is the rejection of the internal affairs doctrine entirely, and not merely in part, even when it indisputably should be applied. The doctrine has two aspects — matters that concern only relations ...

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Revocation Case Analysis

There are two large problems with the decision that will haunt the courts, each noted in one of the two concurring opinions. The first is the failure of the lead opinion to recognize a right to the effective assistance of ...

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Supreme Court balks at UPL commission

“To some degree, we have an obligation to the public to let them know what we view as the unauthorized practice of law.” Hon. Patience D. Roggensack Wisconsin Supreme Court The state Supreme Court is reconsidering its support of a ...

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Absence of warning not negligence per se

“Unquestionably, the submissions established that Warner-Lambert’s warnings complied by stating the dangers that were known or reasonably knowable at the time.” Hon. Charles B. Schudson Wisconsin Court of Appeals Even if prescription warnings are inadequate, a plaintiff must prove the ...

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Warnings Case Analysis

By deciding the case on causation grounds, the decision leaves unresolved exactly the extent of pharmaceutical companies’ duties. The only extensive discussion of duty occurs in a footnote to the decision. The court suggested, “Information and advice to a patient ...

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GAL fees bill stalls in Legislature

Milwaukee County officials’ attempt to avoid a budget crisis in the courts through an increase in state funding of guardian ad litem and interpreter costs stalled in the Legislature this month. The county hoped to receive about $2 million from ...

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Celebrating the practice of law

March 23 was an evening to celebrate Wisconsin’s legal community and some of the leaders in that community as the Wisconsin Law Journal held its second annual Leaders in the Law awards dinner. The event honored 10 individuals and teams ...

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State must pay for phone records

A district attorney must pay for records of telecommunications companies that it subpoenas pursuant to the Electronic Communications Privacy Act (ECPA), U.S. District Court Judge Rudolph T. Randa held on March 16. ECPA In October 1986, Congress enacted the ECPA ...

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Phone Records Case Analysis

There is one potential argument that other district attorneys could make when faced with demands for payment for incoming call detail requests. In this case, McCann argued that “governmental entities” apply only to federal agencies, not state or local ones. ...

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Distinction between use, area variances

“The ‘no reasonable use’ standard is largely disconnected from the purpose of area zoning, fails to consider the lesser effect of area variances on neighborhood character, and operates to virtually eliminate the statutory discretion of local boards of adjustment to ...

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Variance Case Analysis

The decision is noteworthy not only for restoring the distinction between use and area variances is a welcome one, but for the absence of any discussion of whether the variance at issue is actually an area variance. Arguably, the variance ...

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Settlement Case Analysis

The decision could not be clearer as to what an attorney’s obligations are if the case ends in settlement: even if the settlement fails to account for the medical bills, the attorney must commence a declaratory judgment action before shorting ...

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High Court announces new Confrontation Clause

In 1603 Sir Walter Raleigh was tried and condemned to death for treason. A substantial part of the evidence against him was derived from a letter and unsworn out-of-court testimony attributed to an alleged accomplice, Lord Cobham. Raleigh demanded Cobham’s ...

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Confrontation Clause Case Analysis

The two areas of law most likely to be affected by the decision are domestic violence cases and sensitive crimes — the areas most commonly plagued by uncooperative witnesses. Only one Wisconsin case is expressly rejected by the U.S. Supreme ...

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