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No Merit Case Analysis

In a footnote, the court suggested that Wisconsin’s rules governing no-merit cases be reconsidered. The court wrote, “The SPD asserts in its reply brief that ‘the Robbins majority adopts the position advocated by the [SPD] in McCoy: that the Wisconsin ...

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Claim Preclusion Case Analysis

The plaintiffs cannot be faulted for thinking they could file a second lawsuit, despite the dismissal of the first. The Seventh Circuit’s opinion in the first case states, “Citizens’ focus in this case is … the Ackerville Bridge Project. … ...

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Prior suit bars subsequent action

The doctrine of claim preclusion bars subsequent litigation, even though the plaintiffs’ legal theories in the second action differ from those in the first, the Seventh Circuit held on Aug. 2. The County J/Highway 164 Project involves the expansion of ...

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Skwierawski takes helm of MBA

Hon. Michael Skwierawski Retirement has been kind to Michael Skwierawski, but he has not been kind to retirement. The former Milwaukee County judge hung up his judicial robes in August 2003 after presiding over 513 jury trials during his 25 ...

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Levine questions bar exam equity

I believe the current situation with two standards — diploma privilege, or passing the bar exam — is unfair, so a task force is being formed to study the rules and regulations of both standards. Steven A. Levine, President, State ...

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Brunner receives national recognition

Hon. Edward R. Brunner Barron County Circuit Court When Judge Edward R. Brunner, who recently received a national award for judicial excellence, decided to go into law, he never imagined he’d be a judge. But when the state Legislature expanded ...

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Emotional Distress Case Analysis

For purposes of the analysis, we can assume that the child did suffer emotional distress, and that it was severe. However, the most likely cause of that distress was the killing of his dog, rather than being chased with dog ...

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Emotional distress claim viable

What the court held Case: Camp v. Anderson, No. 2005AP2407. Issue: Is a claim for negligent infliction of emotional distress limited to cases where a bystander witnesses injury to a family member? Holding: No. Regardless of the fact situation in ...

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Fee Splitting Case Analysis

Although the court is correct that no Wisconsin cases interpret secs. 757.295 or 757.45, there is one Wisconsin case that interprets an earlier barratry statute — Chicago, M., St. P. & P. Ry. Co. v. Wolf, 199 Wis. 278, 226 ...

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Fee-splitting agreement unenforceable

What the court held Case: Abbott v. Marker, No. 2005AP2853 Issue: Is a contract, providing that an attorney shall pay kickbacks to a non-lawyer who refers clients, enforceable? Holding: The contract is contrary to both statute and public policy, therefore, ...

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Mistake Case Analysis

The decision lends support for defendants in Wisconsin state courts facing what is arguably an unsettled issue. In State v. Longcore, 226 Wis.2d 1, 594 N.W.2d 412 (Ct.App.1999), the Wisconsin Court of Appeals held, as did the Seventh Circuit that, ...

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State Indian law needs on the rise

Recent and not so recent developments regarding Indian Law in Wisconsin have raised several questions about trends in tribes’ legal representation. The last five years have seen a concerted effort by Wisconsin’s state and tribal courts to collaborate on jurisdictional ...

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Pocan sworn in as judge

Ever since he was a child growing up in Kenosha, William S. Pocan wanted to be a judge, so he took the logical first step and became a lawyer. For 22 years, Pocan sculpted a successful litigation career at Jastroch ...

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Seizure Case Analysis

In addition to the main holding of the case — that an officer’s show of authority is not a seizure for purposes of the Fourth Amendment unless the suspect actually submits to the show of authority — the case is ...

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DNR Case Analysis

Inasmuch as this property only has 77 feet of shoreline, it is difficult to take issue with the ultimate conclusion of the court — the DNR reasonably decided that 11 boatslips constitutes “reasonable use.” Nevertheless, the court’s reasoning effectively grants ...

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DNR action is not arbitrary, capricious

The DNR’s decision to reduce the number of boatslips from 22 to 11 was not arbitrary and capricious, the Wisconsin Supreme Court held on July 6. The holding sparked an ad-monishing three-justice concurrence addressing “the growth of agency power, the ...

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Peterson goes from D.A. to U.S. Attorney

Tenacious prosecutor, avid Harley rider, ambitious administrator and accomplished drummer with an affinity for rural towns and comedy films. Erik C. Peterson is only one man, but seemingly leads the life of several and after spending only a short time ...

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Roundtable Discussion

Civil Legal Services Part II Roundtable participants from left to right are: Christopher L. Ford, Centro Legal por Derechos Humanos Inc.; Jeffery L. Brown, State Bar of Wisconsin; Laura Gramling Perez, Reinhart Boerner Van Deuren SC; Gwendolyn G. Connolly, Law ...

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UIM Case Analysis

The decision lays to rest a question that has bedeviled courts and attorneys ever since the Wisconsin Supreme Court upheld automobile insurers’ use of reducing clauses. In Praefke v. Sentry Ins. Co., 2005 WI App 50, 279 Wis.2d 325, 694 ...

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