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Landlord Case Analysis

The decision is unsound both on public policy grounds, and because it is contrary to the precedent and statutes. It is noteworthy that, since CSS North Henry, LLC, v. Tully, 2001 WI App 8, 240 Wis.2d 534, 624 N.W.2d 847 ...

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Limitations Case Analysis

The decision raises a number of issues that attorneys need to be aware of whenever an indictment is filed at the eleventh hour before expiration of the statute of limitations. In its discussion of the sufficiency of the evidence, the ...

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Receivership Case Analysis

According to the allegation in the petition to intervene, the supplier never knew that it was dealing with a receiver, rather than its original client. The key question raised by this case is what such a supplier should do if ...

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Supplier can intervene in receivership

An unpaid supplier to a company in receivership must be permitted to intervene in the action, the Wisconsin Court of Appeals held on Sept. 15. The Urquhart Companies owned and operated three nursing homes in Pierce and Shawano Counties. M&I ...

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Sovereign Immunity Case Analysis

The issue for which contract actions the state has consented to be sued is an important one that the Supreme Court has not considered in a long time, and one which it should. The issue is not as clear as ...

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State can't be sued for lost profits

“The lost profits and the incurred expenses he seeks to recover are not liquidated; they cannot be readily determined from the terms of the alleged contract or from fixed data or mathematical computation.” Hon. Margaret J. Vergeront Wisconsin Court of ...

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Trial consultants' role challenged

In the decade since the O.J. Simpson trial brought trial consultants to national prominence, their role has continued to expand to the point where the profession is now fending off challenges to its growing influence. Whether it’s concern about their ...

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Brennan leads Milwaukee courts

After serving 11 years on the Milwaukee Circuit Court bench, Judge Kitty K. Brennan took on the role of chief judge of the First Administrative District last month. Brennan, who spent two years as a deputy chief judge, recognizes the ...

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Damages Case Analysis

The issue of whether evidence of insurance coverage for punitive damages can be presented on rebuttal is an important one that needs to be resolved sooner rather than later. The defendant in this case forfeited any objection by choosing not ...

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Damage award over $20 million upheld

What the court held Case: Staskal v. Symons Corp., No. 2004AP663. Issue: Was an OSHA report properly excluded from evidence, notwithstanding Rule 908.03(8)? Is a compensatory damage award that included $7.5 million for pain and suffering excessive? Does a punitive ...

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IGRA Case Analysis

Notwithstanding the court’s decision, it is possible that other tribes will be able to successfully challenge the provision in the Ho-Chunk compact. There is persuasive precedent from other jurisdictions authorizing a challenge under the APA to the Secretary of the ...

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Challenge to gaming compact fails

The Seventh Circuit held on Sept. 1 that a Wisconsin Indian tribe has standing to object to a compact entered between the State and another tribe. However, the court held that, by failing to respond to the Department of the ...

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Avery Bill finds legislative support

The Avery Bill is receiving praise and support. It is a compilation of criminal justice reforms, though some are proclaiming its virtues louder than others. “It’s not all that everybody wanted, but legislation rarely is,” said Keith Findley, University of ...

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Booker Case Analysis

Even though Paulus lost his Ex Post Facto Clause argument, this decision is nevertheless a boon to some defendants. A comparison of the reasoning to that in U.S. v. Jamison, 416 F.3d 538, No. 05-1045 (7th Cir., July 20, 2005) ...

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Former DA Paulus' sentence affirmed

Joseph F. Paulus The Seventh Circuit on Aug. 22 issued two decisions affirming sentences imposed shortly after Blakely v. Washington struck down a state’s sentencing guidelines, but before U.S. v. Booker extended it to the federal guidelines, including the sentence ...

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Identification Case Analysis

The decision will be difficult to apply in future cases, because there is no principled basis on which to distinguish Bryant v. U.S., 599 A.2d 1107 (D.C. 1991), although the court cited it with approval, and yet distinguished it. In ...

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ID admissible, although arrest unlawful

What the court held Case: State of Wisconsin v. David J. Roberson, No. 2003AP2802-CR. Issue: Must a showup identification be suppressed, where the identification is the fruit of an unlawful entry? Holding: No. If the police had probable cause, apart ...

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At risk: Judicial independence

Is the independence of the judiciary at risk? This was the title of a special town hall meeting before the American Bar Association House of Delegates on Aug. 9, and the short answer to that question appears to be yes. ...

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Sentencing Case Analysis

The term "conviction" is clearly ambiguous, when used in Wisconsin statutes, as the court found, for it has been interpreted to mean different things in different cases. It is not clear, however, that the policy reasons given by the court ...

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Conditional time can exceed one year

Convictions are not entered "at the same time," even though the sentencings are consolidated, the Wisconsin Court of Appeals held on Aug. 16. As a result, a court can order conditional time in jail for more than one year, unless ...

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