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Peterson goes from D.A. to U.S. Attorney

Tenacious prosecutor, avid Harley rider, ambitious administrator and accomplished drummer with an affinity for rural towns and comedy films. Erik C. Peterson is only one man, but seemingly leads the life of several and after spending only a short time ...

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Roundtable Discussion

Civil Legal Services Part II Roundtable participants from left to right are: Christopher L. Ford, Centro Legal por Derechos Humanos Inc.; Jeffery L. Brown, State Bar of Wisconsin; Laura Gramling Perez, Reinhart Boerner Van Deuren SC; Gwendolyn G. Connolly, Law ...

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UIM Case Analysis

The decision lays to rest a question that has bedeviled courts and attorneys ever since the Wisconsin Supreme Court upheld automobile insurers’ use of reducing clauses. In Praefke v. Sentry Ins. Co., 2005 WI App 50, 279 Wis.2d 325, 694 ...

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Fiduciary Duty Case Analysis

The court’s unquestioned adherence to stare decisis in this case is remarkable, for this case could be the model example for when stare decisis should not be followed. First, the holding is contrary to the unambiguous language of the statute; ...

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Breach of fiduciary duty is intentional tort

What the court held Case: Zastrow v. Journal Communications, Inc., No. 2004AP276. Issue: Is a trustee’s failure to disclose material information a breach of fiduciary duty, and therefore, an intentional tort governed by the statute of limitations in sec. 893.57? ...

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Public Case Analysis

The case is noteworthy for its similarity to another case involving nearly identical facts, but which resulted in the opposite result, Mayville Die & Tool, Inc., v. Weller Machinery Co., 249 Wis.2d 490, 639 N.W.2d 224 (Table), 2001 WL 1512917 ...

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Roundtable Discussion

Civil Legal Services Part I Roundtable participants from left to right are: Christopher L. Ford, Centro Legal por Derechos Humanos Inc.; Jeffery L. Brown, State Bar of Wisconsin; Laura Gramling Perez, Reinhart Boerner Van Deuren SC; Gwendolyn G. Connolly, Law ...

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Lenders owe no duty to subcontractors

What the court held Case: Hoida, Inc., v. M&I Midstate Bank, No. 2003AP2108. Issue: Is a lender to a general contractor liable to subcontractors and materialmen who were not paid? Holding: No. Public policy precludes liability in these circumstances. Counsel: ...

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Duty Case Analysis

Although the opinion affirms the court of appeals’ decision, it does so on different grounds, and the difference is not an improvement in the law. The majority rejects the dissent’s contention that it has confused the law concerning duty in ...

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Crack Cocaine Case Analysis

The decision flows logically from the court’s opinion in U.S. v. Galicia-Cardenas, 443 F.3d 553 (7th Cir. 2006). There, the court held that a district court may not impose a below-guideline sentence to avoid differences in sentences imposed for those ...

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Crack, powder cocaine are different

What the court held Case: U.S. v. Miller, No. 05-2978 Issue: May a court impose a below-guideline sentence on a defendant convicted of a crack cocaine offense, in order to minimize the difference between such defendants and those convicted of ...

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Safe Place Case Analysis

The decision creates an absurd disincentive on the part of owners and occupiers of property against keeping buildings in line with modern concepts of safety, something the court acknowledged, even though it found that its interpretation is “necessary for the ...

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Statute of repose bars safe places claim

What the court held Case: Mair v. Trollhaugen Ski Resort, No. 2004AP1252 Issue: Does sec. 839.89 bars safe place claims for injuries caused by structural defects that were substantially completed more than ten years earlier? Holding: Yes. Where the construction ...

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Employers must address blogging

It used to be people kept personal diaries hidden under beds or tucked in dresser drawers, but computer convenience has allowed millions of people to openly add entries online with a few keystrokes on their computer. The relatively new method ...

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Liens Case Analysis

The decision in this case creates a clear rule governing attorneys’ personal liability to the health care providers of their clients: a health care provider (or anyone else asserting that the attorney’s personal injury client assigned away his rights in ...

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Service Case Analysis

In placing the burden upon the party seeking to reopen the judgment, the court merely restores long-established precedent that was not followed in this case in the court of appeals. As for the issue of who is a managing agent, ...

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Court rules on improper service

What the court held Case: Richards v. First Union Securities, Inc., No. 2004AP1877. Issue: Who has the burden of proof when a defendant seeks to reopen a default judgment, pursuant to sec. 806.07, claiming improper service? Is a foreign corporation’s ...

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Spontaneous identifications are admissible

What the court held Case: State v. Hibl, 2004AP2936-CR. Issue: Does State v. Dubose require exclusion of a spontaneous identification by a witness, where the identification occurred in the hallway outside the courtroom on the day of trial? Holding: No. ...

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Good Samaritan Case Analysis

Although the decision affirms that of the court of appeals, nevertheless, the two courts’ emphases are different. The court of appeals’ decision focused primarily on the passive nature of the care that the Switlicks provided: “Suggesting that a bloody and ...

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Court limits Good Samaritan immunity

What the court held Case: Mueller v. McMillian Warner Ins. Co., No. 2005AP121 Issue: Does the Good Samaritan Law immunize care provided over a six to seven hour period? Holding: No. The law is limited to care provided during the ...

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