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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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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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Court considers safe place statute

The state Supreme Court is considering a case that will determine whether a business can be held liable when a customer slips and falls even though there is no way to determine how long the hazard existed. The case involves ...

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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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Paternity Case Analysis

The court’s application of equitable estoppel, while simultaneously rejecting the equitable parent doctrine, creates an arbitrary distinction between different classes of cuckolded husbands. The first category of such husbands are those such as Randy, who believe that his wife’s child ...

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Revocation Case Analysis

There are two large problems with the decision that will haunt the courts, each noted in one of the two concurring opinions. The first is the failure of the lead opinion to recognize a right to the effective assistance of ...

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Supreme Court balks at UPL commission

“To some degree, we have an obligation to the public to let them know what we view as the unauthorized practice of law.” Hon. Patience D. Roggensack Wisconsin Supreme Court The state Supreme Court is reconsidering its support of a ...

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Absence of warning not negligence per se

“Unquestionably, the submissions established that Warner-Lambert’s warnings complied by stating the dangers that were known or reasonably knowable at the time.” Hon. Charles B. Schudson Wisconsin Court of Appeals Even if prescription warnings are inadequate, a plaintiff must prove the ...

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Warnings Case Analysis

By deciding the case on causation grounds, the decision leaves unresolved exactly the extent of pharmaceutical companies’ duties. The only extensive discussion of duty occurs in a footnote to the decision. The court suggested, “Information and advice to a patient ...

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Celebrating the practice of law

March 23 was an evening to celebrate Wisconsin’s legal community and some of the leaders in that community as the Wisconsin Law Journal held its second annual Leaders in the Law awards dinner. The event honored 10 individuals and teams ...

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State must pay for phone records

A district attorney must pay for records of telecommunications companies that it subpoenas pursuant to the Electronic Communications Privacy Act (ECPA), U.S. District Court Judge Rudolph T. Randa held on March 16. ECPA In October 1986, Congress enacted the ECPA ...

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Phone Records Case Analysis

There is one potential argument that other district attorneys could make when faced with demands for payment for incoming call detail requests. In this case, McCann argued that “governmental entities” apply only to federal agencies, not state or local ones. ...

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GAL fees bill stalls in Legislature

Milwaukee County officials’ attempt to avoid a budget crisis in the courts through an increase in state funding of guardian ad litem and interpreter costs stalled in the Legislature this month. The county hoped to receive about $2 million from ...

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