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Special assessment for new road overturned

“Purpose alone is not conclusive. The court must also consider the effect of the improvement by analyzing (1) the type of benefits conferred, and (2) their extent. This consideration should bear the greatest weight.” Hon. Thomas Cane Wisconsin Court of ...

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Assessment Case Analysis

The decision is problematic for two reasons: it is, at a minimum, logically inconsistent, and may be actually incorrect, insofar as it holds the City’s purpose — if that purpose was to benefit the City rather than the property owners ...

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Legislators Case Analysis

Although the court declined to define “session,” its decision and instructions upon remand implicitly reject Chvala’s interpretation and construe it to mean only actual session. The references to accommodating the legislature’s “schedule” cannot reasonably be reconciled with an interpretation that ...

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Surrogate service of process acceptable

Hon. Patricia S. Curley Service upon an agent in lieu of personal service on the individual is permissible, where the process server served a person claiming to be the defendant’s agent, pursuant to sec. 801.11(1)(d), the Wisconsin Court of Appeals ...

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Service Case Analysis

It is difficult to quarrel with the court’s holding affirming the dismissal of the suit against Diamond Blade Warehouse, Inc. However, the reinstatement of the suit against Mansfield suffers from two flaws: (1) sec. 801.11(1)(d) is either ambiguous, or it ...

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No right to counsel during interrogation

The Seventh Circuit held on Nov. 6 that, even though it was misleading for a police officer to tell a suspect who asked for an attorney “right now,” that he could not accommodate the request, admission of the suspect’s subsequent ...

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Interrogation Case Analysis

The decision has the potential to undermine the U.S. Supreme Court’s decision in Duckworth v. Eagan, 492 U.S. 195 (1989), at least when a defendant is arrested in Wisconsin and prosecuted in federal court. It is noteworthy that Duckworth is ...

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Roundtable Discussion – Part II

Marketing Law firms No matter what size they are, law firms need to let people know who they are and what types of services they offer. Whether they target prospective clients or possible referral sources, law firms are engaged in ...

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Roundtable Discussion – Part I

Marketing Law firms No matter what size they are, law firms need to let people know who they are and what types of services they offer. Whether they target prospective clients or possible referral sources, law firms are engaged in ...

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Doctors may have to disclose MMPI tests

It was error for an administrative law judge to find an applicant for workers compensation guilty of “obstructing” for refusing to submit to an MMPI test unless she could get a copy of it, the Labor and Industry Review Commission ...

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MMPI Case Analysis

The decision is flawed in two respects: it is contrary to precedent; and the hearsay definition of “statement” has no place in the analysis of what “statement” means in this context. The Wisconsin Supreme Court addressed the MMPI long ago ...

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Neglect Case Analysis

Although the court invited further review by the Supreme Court, and the issue is an important one that definitely warrants further review, it may be foolhardy for the DOT to actually seek such review. Cape may have lost the argument ...

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Roundtable Discussion – Part I

Marketing Law firms No matter what size they are, law firms need to let people know who they are and what types of services they offer. Whether they target prospective clients or possible referral sources, law firms are engaged in ...

Read More »

Highway Case Analysis

The court’s musings about punitive damages may be insightful, but their utility in future cases is questionable. For example, it is not clear how, or even whether, a defendant’s trial tactics could be presented to a jury. State Farm v. ...

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Fee estimate proposal generates opposition

“I want lawyers put on notice of a potential significant change on something they do every day — set fees.” Chief Justice Shirley S. Abrahamson Wisconsin Supreme Court A petition that would require attorneys to provide written estimates of total ...

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Big firms expand into Waukesha

“What I learned was that Waukesha has a really vital, distinct business community, which is very entrepreneurial and growing quickly, with expanding legal needs, and they are looking for more sophisticated legal help than was traditionally needed out there. I ...

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Medical Expenses Case Analysis

There are two ways to interpret this case: (1) it is incompatible with the Supreme Court’s decision in Bleyer v. Gross, 19 Wis.2d 305, 120 N.W.2d 156 (1963), and entitled to no precedential value; or (2) it is an object ...

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Repeated Acts Case Analysis

The decision in this case brings to light two important issues that ultimately will have to be resolved, but would not arise if sec. 948.025(3) was more similar to the California statute that the court cited for guidance — waste ...

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Court, county join in budget effort

A budget row between Milwaukee County and the court system there evolved this month into a broader campaign that is headed for the State Capitol. Court and county officials resolved, at least for now, court leaders’ objections to County Executive ...

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Cross-examination foils future meds

“Dr. Hanacik’s express concession that he could not give an opinion to a reasonable degree of chiropractic certainty on Mrs. Weber’s future health-care expenses negated his earlier testimony where he purported to give such an estimate.” Judge Ralph Adam Fine ...

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Vicarious liability of franchisors limited

“The fact remains that DRI, and not Arby’s, had the discretion to set the terms and conditions of employment. Therefore, the operational standards are not a sufficient basis for imposing vicarious liability on Arby’s for DRI’s negligence.” Hon. Charles P. ...

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Franchisors Case Analysis

The questions that Judge Lundsten asks are not answered by the majority opinion, and when such issues arise in the future, the majority opinion sends markedly mixed signals. Consider the food poisoning hypothetical raised by Lundsten, or the Oregon case, ...

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Divided court approves new GAL requirement

“It’s not an onerous situation imposed upon attorneys who engage in this behavior. We’ve considered that already with the appointment of guardians ad litem for children.” Hon. James Mason, Wood Court Circuit Court A divided state Supreme Court has initially ...

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No recovery for slip and fall at arena

“How could the arena possibly have patrolled the entire facility to be on guard for something such as a spilled french fry?” Hon. Gregory A. Peterson Wisconsin Court of Appeals The Strack exception does not permit an arena to be ...

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Mode of Operation Case Analysis

The majority decision can be viewed as a silent but impermissible attempt to recreate the abolished doctrine of assumption of risk. As the dissent notes, the facts of the case fit very comfortably within the three elements for application of ...

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