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Sanctions Case Analysis

The multiple opinions in this case leave much uncertain. About the only thing that is certain is that a court may not dismiss a complaint as a sanction for discovery abuses by an attorney if the client is blameless. That ...

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First Amendment Case Analysis

In light of the decision, it should be expected that some Wisconsin municipalities will enact total bans on adult-oriented businesses. Governing precedent in Wisconsin state courts provides that a municipality may not do that. In Town of Wayne v. Bishop, ...

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Acquitted Case Analysis

The court’s holding that the Hobbs Act conviction was supported by an interstate commerce nexus is not surprising, given the minimal nexus required under modern Commerce Clause jurisprudence. It is noteworthy, nonetheless, inasmuch as it is a novel use of ...

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Bridge succeeds Deininger on the appellate bench

Timing appears to be everything for Burneatta L. Bridge. The former deputy attorney general retired last September because of family concerns after more than 20 years of state service. Less than six months later, personal and professional circumstances have greatly ...

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GPS Case Analysis

Defense attorneys should continue to seek suppression of evidence gained as a result of attaching GPS devices to cars, especially when no warrant was obtained, given the split of authority between the circuit courts. Attorneys doing so would be wise ...

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Consumers Case Analysis

Some of the court’s numerous holdings in this case are plainly dictated by prior precedent, but the court’s holding that the contracts at issue are substantively unconscionable is a marked extension of prior law. The holding that the choice of ...

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Under Age Drinking Case Analysis

The question raised by the opinion is whether, as the dissent claims, it effectively imposes strict liability on parents if underage alcohol consumption by teenagers occurs on their property, and injury results. The majority opinion makes only one statement that ...

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Privilege Case Analysis

The court’s holding in this case should be easily distinguishable in any similar case, because of one short sentence in footnote two of the opinion: “The record does not indicate whether Fox’s initial conversations with Lamon and Isaf were authorized ...

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Sentencing Case Analysis

Wisconsin’s sentencing scheme is not comparable to California’s, so the decision has no direct effect here. In addition, the majority opinion studiously avoids saying anything that suggests how it may rule in the two other right-to-jury cases pending before it, ...

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School Zone Case Analysis

Remarkably, this is the first case to address the constitutionality of sec. 939.632, even though the constitutionality of certain provisions is dubious, and the statute has been in effect since 1995. Prosecutors have either been loathe to make full use ...

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Tax Fraud Case Analysis

The decision is not the first in which the court has held that a district court did not error in not grouping a tax fraud conviction with another conviction. The decision is nevertheless noteworthy, because the argument in favor of ...

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