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Maintenance Case Analysis

A question raised by the decision is whether parties getting divorced can ensure that the debts will be nondischargeable in bankruptcy if they merely parrot the exact language used in the case at bar. An interpretation that they can would ...

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Debt obligations can be maintenance

U.S. Bankruptcy Judge Robert D. Martin held on Sept. 29 that, where a marital settlement agreement classified marital debts as being part of the financial support settlement, rather than the property settlement, the debts are not dischargeable in bankruptcy. Mark ...

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Maintenance Case Analysis

A question raised by the decision is whether parties getting divorced can ensure that the debts will be nondischargeable in bankruptcy if they merely parrot the exact language used in the case at bar. An interpretation that they can would ...

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OLR seeks increase in citizen participation

More members of the general public may serve in the lawyer discipline process if the Wisconsin Supreme Court approves rule changes proposed in a petition the director of the Office of Lawyer Regulation filed in early November. Among other revisions, ...

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For-profit corporations lack tribal immunity

"When the sole facts are that an Indian tribe purchases all of the shares of an existing for-profit corporation and takes control over the operations of the corporation, tribal immunity is not conferred on the corporation." Hon. Paul Lundsten Wisconsin ...

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Tribal Immunity Case Analysis

The court went to great lengths to emphasize the limited nature of its holding. Only if the named defendant was an existing, for-profit corporation, and a tribe buys its shares, is the corporation not entitled to sovereign immunity. If the ...

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Judges can set eligibility date for ERP

"To the extent that the CIP and ERP provisions are linked by nearly identical language, similar subject matter and parallel function in the Truth-in-Sentencing scheme, they are related statutes whose meaning must be harmonized." Hon. Thomas Cane Wisconsin Court of ...

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ERP Case Analysis

Ironically, while the similarity between subsections (3m) and (3g) of sec 973.01 is what doomed White’s case in the court of appeals, that similarity is the best chance he has to ultimately prevail in the Supreme Court, were that court ...

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Flight Case Analysis

Given the general rule that the U.S. Supreme Court’s interpretations of the Fourth Amendment also apply to the Wisconsin Constitution, it is unlikely that the criticisms of California v. Hodari D., 499 U.S. 621 (1991) by the court of appeals ...

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Service Contracts Case Analysis

One question the court deliberately left unanswered is whether the economic loss doctrine applies to "mixed contracts" — those for both goods and services — a question it ultimately must answer. Several methods could be used. The court could simply ...

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Lead paint suit may proceed to jury

“There are genuine issues of material fact concerning each defendant’s involvement in an alleged conspiracy to promote and accomplish the sale of lead-based paint, knowing of its potentially hazardous properties.” Hon. Joan Kessler Wisconsin Court of Appeals A city can ...

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Lead Paint Case Analysis

The court’s discussion of the nuisance claim leaves a great deal unsettled, as the court seems to take away with one hand what it gives with another. The court states that creation of a nuisance has two elements: "a plaintiff ...

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Tips for young lawyers

“No case is worth losing your license for.” Robert L. Habush, Habush Habush & Rottier, S.C. "Don’t be a jerk." That was the most common piece of advice that Milwaukee County Circuit Court judges and veteran litigators gave to a ...

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Trial Case Analysis

The decision corrects what was an absurd anomaly, for reasons amply given by the court, and by Judge Brown in his dissent at the court of appeals level. There is no sound reason why a municipality should be able to ...

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Choose venue wisely

“The one that I send counsel back for briefing on over and over again is the one about diversity. People will file with LLCs and partnerships and will not figure out where the members of those partnerships are located.” Hon. ...

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Bar to oppose mandatory WisTAF assessment

“We should stand up to our constituents. We understand the scope of the problem. It should be mandatory because we need the money.” Daniel L. ShneidmanGovernor The Wisconsin State Bar’s Board of Governors voted last Friday to oppose a petition ...

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Exhaustion clause held ambiguous

“It is possible that reasonable people could differ as to the meaning of the phrase ‘that apply.’” Hon. Charles P. Dykman Concurring The Wisconsin Court of Appeals held on Oct. 28 that an insured’s judgment or settlement with a law ...

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Exhaustion Case Analysis

Insurers can avoid the result in this case in the future, merely by replacing their exhaustion clauses, if they mirror the one at issue in his case, with the one at issue in Danbeck v. American Family Mut. Ins. Co., ...

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High court hears Miller Park case

“But while the court of appeals’ interpretation may be what they wanted and what others wanted, it is not supported by the statute.” Robert L. Habush What’s a court to do when the legislature has indicated its intent to do ...

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Settlement invalid until release is signed

A settlement agreement is not reached until the plaintiff negotiates the check, and signs and returns the release form, the Wisconsin Court of Appeals held on Oct. 20. On Dec. 17, 1999, Marderos Nersesian was involved in an automobile accident ...

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Settlement Case Analysis

The decision in the case at bar is problematic for a number of reasons. The court is correct when it finds that the Dec. 20, 2001 letter does not form a contract, inasmuch as the worker’s compensation carrier had not ...

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