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Ballots Case Analysis

It is ironic that, as Wisconsin prepares to vote in the 2004 presidential primary, its Supreme Court is finally settling an election, involving fewer than 800 total votes, that was held on the same day as the disputed Bush-Gore election ...

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Funding issues rock Legal Action

A little more than a year after the merger of three of the firms providing civil legal assistance to the poor in Wisconsin, the merged entity is suffering the effects of staff cuts in 2003, the consolidation of two of ...

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Supplemental instructions should be rare

“Our system of justice should not permit the State also to ask for additional substantive instructions once it realizes why the jurors may be experiencing difficulties in reaching a verdict.” Hon. Patricia S. Curley Wisconsin Court of Appeals It was ...

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Jury Instructions Case Analysis

The court agreed that a per se rule against supplemental jury instructions on lesser-included offenses is not warranted, although such instructions should be rare, and reserved for exceptional circumstances. The question is, what constitutes “exceptional” — a difficult question, given ...

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Contamination exclusion unambiguous

A bacterial outbreak at a food company is “contamination” within the meaning of a pollution exclusion in its commercial property insurance policy, the Wisconsin Court of Appeals held on Jan. 28. Landshire Fast Foods of Milwaukee, Inc., prepares sandwiches and ...

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Contamination Case Analysis

The decision is remarkable for its failure to even cite to the governing Wisconsin Supreme Court decision on pollution exclusions, Donaldson v. ULI, 211 Wis.2d 224, 564 N.W.2d 728 (1997), in which the court held that the identical exclusion at ...

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Roundtable Discussion – Part II

Case Evaluation (Front) Kelly Centofanti, Stadler & Centofanti, LLC; Mark Silverman, Legal Action of Wisconsin, Inc.; Charles Barr, Croen & Barr, LLP; (Back) Jeffrey Hynes, Jeffrey S. Hynes & Associates, S.C.; Jay Urban, Urban Taylor & Stawski, Ltd.; Merrick Domnitz, ...

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Sentencing Case Analysis

Inasmuch as the decision threatens to undermine the validity of every conviction entered pursuant to a plea since the inception of Truth in Sentencing, it should be expected that the State will seek review, and that the Supreme Court will ...

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Corporate Veil Case Analysis

Although the decision does not apply to actions governed by Wisconsin law, the result would likely be the same in such cases. In Consumer’s Co-op of Walworth County v. Olsen, 142 Wis.2d 465, 484, 419 N.W.2d 211, 217-218 (1988), the ...

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Curfews on minors violate First Amendment

A curfew on minors impermissibly chills the exercise of their First Amendment rights and is unconstitutional, the Seventh Circuit held on Jan. 22. In Indiana in 1999, shortly after 11 p.m., Colin Hodgkins and three friends left a restaurant after ...

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Curfews Case Analysis

Even though the case only held an Indiana statute unconstitutional, the reasoning will have repercussions in Wisconsin. Because Wisconsin has no statute establishing a curfew, but leaves that to individual municipalities, compliance with the decision will be far more complicated ...

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Assembly hears testimony on SPD bill

State attorneys educated the state Assembly’s Committee on Corrections and the Courts in testimony on Jan. 14, concerning 2003 Assembly Bill 616, which would increase eligibility for appointment of counsel by the State Public Defender. The bill, introduced by Rep. ...

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FDCPA Case Analysis

The decision has the potential to not only expose attorneys to liability merely for filing a legitimate complaint, but to create havoc in the courts in numerous ways. First, requiring these notices will create confusion for the debtor. The notice ...

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CGL Insurance Case Analysis

Justice Roggensack’s dissent characterizes the majority opinion as transforming a standard CGL policy into a “performance bond,” an accurate assessment that need not be iterated. The decision can also be understood (especially by attorneys) as transforming the standard CGL policy ...

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7th Circuit vacates deporations to Bulgaria

“There is evidence that Bulgaria’s former communist bigwigs, quickly recycled as socialists and now busy cosying up to the United States, retain significant power in Bulgaria and continue to pursue the old vendettas against anticommunists.” Hon. Richard A. Posner Seventh ...

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Persecution Case Analysis

The decision does not necessarily mean that either of the immigrants will actually obtain withholding of removal. However, some of the court’s language is so strong as to suggest that it may be a foregone conclusion. For example, while the ...

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Take active role toward enhancing security

Last week, the Wisconsin Law Journal looked at some of the strategic planning that firms need to consider when addressing security issues. In part two of Technology Security, a security expert suggests some of the things individuals can do to ...

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Derivative asylum claim rejected

An alien parent who has no standing to remain in the country cannot establish a derivative claim for asylum based on hardship to a citizen child in the event of the alien’s deportation, the Seventh Circuit held on Dec. 31. ...

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