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Lying-In Costs Case Analysis

In the aftermath of this decision, Wisconsin courts should expect a deluge of motions for modification of paternity orders by fathers ordered to pay mothers’ lying-in expenses. For decades, orders such as the one in the case at bar have ...

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Guidelines Case Analysis

Despite (or perhaps because of) the fact that the case resulted in two separate lead opinions, and four dissents, the case leaves much uncertainty. On the issue of retroactivity, the court states that courts should consider whether the issue was ...

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Actual Innocence Case Analysis

Technically, this case is an application of Illinois state law, and has no direct bearing in Wisconsin. Nevertheless, as both states have the actual innocence rule, criminal defense attorneys and their insurers should be aware of it. Wisconsin expressly adopted ...

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Bradley will not face re-election competition

Hon. Ann Walsh Bradley All three appellate seats up for election this April will remain in the incumbents’ hands absent significant write-in campaigns. Following last week’s deadline for filing nomination papers, Justice Ann Walsh Bradley and judges Gregory A. Peterson ...

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De novo preliminary hearings not allowed

“Because Wis. Stat. Sec. 970.04 lays out the only scenario in which the legislature has recognized a statutory right to a second preliminary examination on the same charge, we reject Gillespie’s contention that the circuit court erred in denying his ...

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De Novo Review Case Analysis

The decision that a defendant can only obtain a review of a preliminary hearing on the record certainly comports with what everyone has always assumed was the law, or at least since State ex rel. Dowe v. Circuit Court for ...

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Guilt no bar to contract claim

What the court held Case: Winniczek v. Nagelberg, No. 04-2106. Issue: Does the "actual innocence" rule preclude an action by a guilty criminal defendant against his attorney for breach of contract? Holding: No. The rule only bars actions for legal ...

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Contribution Case Analysis

Parties adversely affected by the decision in this case should nevertheless preserve objections for potential review in the Supreme Court. Although the decision may not contradict any binding case law, neither does any precedent require the holding, and the holding ...

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Default no bar to contribution claim

Hon. Ralph Adam Fine A default judgment does not preclude the defendant from seeking contribution from other defendants, the Wisconsin Court of Appeals held on Dec. 28. SIVA Truck Leasing leased a van to Milwaukee Careers Cooperative (MCC) for use ...

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Diversity Case Analysis

The decision suffers from several defects: poor math, misrepresentation of Seventh Circuit precedent, and ignorance of Wisconsin law. First, the court states that, in order to meet the jurisdictional requirement, the jury’s punitive damage award would have to be "more ...

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Extensions Case Analysis

From the standpoint of efficiency, the court’s holding is clearly preferable to the alternative, and the attendant procedural complications noted by the court. Allowing a simple extension also avoids the situation in the Seventh Circuit case, Betts v. Litscher, 241 ...

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Junk Fax Case Analysis

Technically, the decision has no bearing on any case in Wisconsin, as it is nominally an application of Illinois insurance law. Nevertheless, the decision cannot be ignored by any attorney facing this issue. The court even wrote, "Readers doubtless will ...

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FDCPA Case Analysis

That the majority opinion is erroneous is amply demonstrated by the dissent of Judge Evans, and further elaboration is unnecessary. Nevertheless, the decision of the en banc majority represents a vast improvement upon the original decision of the majority in ...

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Frivolousness Case Analysis

The court based its decision solely on the language of Rule 809.25(3), without addressing the merits of Solner’s argument that requiring an entire appeal to be frivolous, before sanctions will be imposed, leads to absurd results. Regardless of the statutory ...

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Severance damages denied for partial taking

“[The purpose of the alternative means of calculating loss] does not appear to be to provide an alternative means of damage determination for condemnees to bolster awards beyond the levels that had been determined under the traditional ‘before and after’ ...

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Partial Taking Case Analysis

The court may have reached the correct result in this case, but its reasoning is flawed in some respects. First, the court finds that the statute is unambiguous based on the absence of a comma between the phrase "assuming the ...

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How do you practice law?

E. John Buzza It’s 4:50 on Friday afternoon when your fax machine churns out three motions from the opposition on the Jones bankruptcy file, all noticed for expedited hearing next week. You turn to your legal assistant with that familiar ...

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