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Section 893.22 does not apply to disabled

“In situations where a cause of action has more than one year remaining under its statute of limitations, sec. 893.22 simply does not apply.” Hon. Thomas Cane Wisconsin Court of Appeals When a mentally disabled person dies before expiration of ...

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Disability Case Analysis

By only holding that sec. 893.22 does not apply, and declining to decide whether death constitutes cessation of disability, the court leaves two interpretations of sec. 893.16 available. However, it would be folly for any plaintiff’s attorney to think that ...

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Discovery Case Analysis

The decision effectively guts sec. 971.23(7m)(a) of its teeth, at least when it is the State that fails to comply with discovery requirements. Glaringly absent from the court’s discussion is any attempt to distinguish a case with nearly identical facts, ...

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Failure to pay jury fee excusable

“That a trial might be easier without a jury does not trump the constitutional guarantee; many cases present complex issues of law and fact.” Hon. Ralph Adam Fine Wisconsin Court of Appeals A court cannot deny a party a jury ...

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Excusable Neglect Case Analysis

The decision is clearly contrary to both statute and long-standing precedent. The full text of sec. 801.15(2)(a), which the court neglects to state, is as follows: “When an act is required to be done at or within a specified time, ...

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Supreme Court issues two TPR decisions

Hon. Diane S. Sykes The Wisconsin Supreme Court held on April 28 that a circuit court in a termination of parental rights (TPR) proceeding may grant partial summary judgment on the issue of unfitness, and that evidence regarding a parent’s ...

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TPR Case Analysis

The two cases establish the following clear set of rules for trial courts in TPR cases to follow: (1) If a statutory ground for unfitness can be established by documentary evidence, and no evidence in opposition is presented, partial summary ...

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Collections Case Analysis

The decision in these cases is particularly notable in light of the Seventh Circuit’s recent decision in Chuway v. National Action Financial Services Inc., No. 03-2158, 2004 WL 614760 (7th Cir. Mar. 30, 2004). In the wake of Chuway, which ...

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Impeachment Case Analysis

Although the decision is contrary to the precedents of the Wisconsin Supreme Court, attorneys representing clients in state court should still be familiar with it for use as persuasive authority, and to preserve the issue for potential federal habeas corpus ...

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Abuse of Trust Case Analysis

The reason the above discussion devotes so much more space to the dissent than the majority opinion is the avoidable result of the fact that the majority opinion is only two paragraphs long, while the dissent goes on for 10 ...

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Dunning letters held not confusing

It does not violate the Fair Debt Collection Practices Act (FDCPA) for a dunning letter to state the balance due, and also state that the overdue account may accrue interest, the Seventh Circuit held on April 22. Three debtors brought ...

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Wrongful death cap challenge

The state’s highest court is considering the constitutionality of wrongful death caps. It also is expected to clarify whether plaintiffs in a medical malpractice case can collect non-economic damages for both medical malpractice and wrongful death. The state Supreme Court ...

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Why Marquette Law?

EDWBA President William J. Mulligan is a shareholder at Davis & Kuelthau, S.C., and Past President Nathan A. Fishbach is a shareholder at Whyte Hirschboeck Dudek, S.C. Why is the Eastern District of Wisconsin Bar Association bestowing its Outstanding Service ...

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Wisconsin’s PLRA held constitutional

“The PLRA does not violate Harr’s rights to equal protection of the laws because there is more than one rational basis supporting the legislative creation of different classifications to be considered when costs and fees are awarded.” Hon. Daniel P. ...

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PLRA Case Analysis

As the court noted, Wiscon-sin’s version of the PLRA is much broader than the federal version, which only places caps on the amount of attorney’s fees that prisoners can recover. The federal PLRA does not bar them entirely, and permits ...

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Stiffer sentence after appeal upheld

Hon. Jon P. Wilcox The imposition of a longer sentence after a defendant’s successful challenge to the original sentence did not violate due process, the Wisconsin Supreme Court held on April 15, where the victim’s condition had worsened since the ...

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Resentencing Case Analysis

The decision in this case finally brings Wisconsin law into accord with federal law on this issue, after decades of misapplication. It was only last term, in State v. Church, 2003 WI 74, 262 Wis.2d 678, 702-704, 665 N.W.2d 141, ...

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Why Marquette Law?

EDWBA President William J. Mulligan is a shareholder at Davis & Kuelthau, S.C., and Past President Nathan A. Fishbach is a shareholder at Whyte Hirschboeck Dudek, S.C. Why is the Eastern District of Wisconsin Bar Association bestowing its Outstanding Service ...

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Wisconsin law governs foreign corporations

“Wisconsin laws regarding a corporation’s duty to its creditors are not obsolete or senseless, as contemplated by Heath. Since Beloit Corporation’s activities that are the subject of this case primarily occurred in Wisconsin, it makes sense to apply the laws ...

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Corporations Case Analysis

The decision has two potentially signficant ramifications. First is the rejection of the internal affairs doctrine entirely, and not merely in part, even when it indisputably should be applied. The doctrine has two aspects — matters that concern only relations ...

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