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DNA Surcharge Case Analysis

Although the court’s decision is a plausible interpretation of the statutes at issue, it is not unambiguously required by the plain language of the statutes, as the court believes it to be. It is true that the original language of ...

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Insurance Case Analysis

If the decision in this case is published, as recommended, it will mark a radical departure from a long-accepted assumption that a partial payment by an insurer to its insured tolls the statute of limitations, regardless of the nature of ...

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WisTAF faces funding crisis

“In our state, there is a problem funding legal services to the poor and the problem is not going to go away by itself.” Edward A. Fallone, WisTAF Board member Wisconsin Trust Account Foundation (WisTAF) board members are attempting to ...

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Vacating judgment does not affect appeal

A district court cannot extend the time for filing an appeal beyond the 30 days permitted in Rule 4(a)(5) by vacating the judgment, the Seventh Circuit held on Oct. 7. Properties Unlimited, Inc. Realtors is an Illinois real estate brokerage ...

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Appeal Case Analysis

The trap for the unwary created by the district court’s actions in "vacating" the judgment to purportedly extend the time for filing an appeal, can be easily avoided, merely by moving for reconsideration within 10 days of the judgment. Having ...

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Jurisdiction Case Analysis

While the court contends its decision logically and necessarily follows from State v. Jermaine T.J., 181 Wis.2d 82, 510 N.W.2d 735 (Ct.App.1993), and State v. Smith, 131 Wis.2d 220, 388 N.W.2d 601 (1986), the decision is actually an enormous expansion ...

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Recreational immunity bars fairgoer suit

“Brenna’s injury was directly related to the condition or maintenance of the Agricultural Society’s real property and the Kautzes’ first challenge to recreational immunity fails.” Hon. Daniel P. Anderson Wisconsin Court of Appeals The Wisconsin Court of Appeals held on ...

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Recreational Immunity Case Analysis

Wisconsin case law has long held that fairgoers are engaged in a recreational activity, and cannot defeat a property owner’s recreational immunity by arguing they are not. Hall v. Turtle Lake Lions Club, 146 Wis.2d 486, 431 N.W.2d 696 (Ct.App.1988). ...

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Order limiting departures held unlawful

“One branch of government cannot compel another to reveal intra-branch deliberations just to slake its curiosity.” Hon. Frank H. Easterbrook 7th Circuit Court of Appeals The Seventh Circuit on Sept. 29 invalidated an order that the government reveal its internal ...

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Departures Case Analysis

The question for attorneys in subsequent cases is whether or not an end run can be made around this decision, merely by invoking appropriate language, and what to do when an apparently sufficient motion is denied. Generally, a court’s decision ...

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Revelations about fire evidence

Imagine it is two years after a fire. The original theory that the toaster caused it is now toast, following a thorough examination by a new fire investigator. Can the real cause still be identified? That could be impossible if ...

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Diversity Case Analysis

The case at bar could have been decided in two paragraphs. In one, the court could have found that, consistent with longstanding existing precedent, jurisdiction is present. In the second, it could have summarily rejected the malpractice claim that it ...

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Administrative procedure act ambiguous

The Wisconsin Court of Appeals on Sept. 23 held that, even though an aggrieved party under sec. 227.53 served his adversary, rather than the Division of Hearings and Appeals (DHA), which issued the administrative order being appealed, the circuit court ...

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Judicial Review Analysis

The legislature has little choice but to amend the relevant statutes, to make clear which parties should be named as respondent when appealing administrative decisions to circuit court; it is not acceptable to have a statutory scheme in which it ...

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Slander per se must be inherently defamatory

“Many business people undoubtedly fall within the ambit of employment encompassed by Matchette’s alleged statements to Sherman about Freer and lead proud and productive lives.” Hon. Ralph Adam Fine Wisconsin Court of Appeals Words are not slanderous per se unless ...

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Slander per se Case Analysis

The decision effectively removes from the list of defamation that constitutes slander per se, defamation “affecting the plaintiff in his business, trade, profession, or office.” The classic examples of a statement that fits into this category is stating that a ...

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Blakely Case Analysis

The court’s decision to vacate the sentence, sua sponte, notwithstanding Pree’s failure to raise the issue, is a remarkable change from its previous decisions. As recently as Aug. 31, in U.S. v. Messino, 2004 WL 1925420 (7th Cir., Aug. 31, ...

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Fee changes on horizon

Fees are the common denominator for all lawyers in private practice. That makes it important for Wisconsin lawyers to keep track of potential changes to the rules controlling the handling of fees, according to a Milwaukee lawyer who specializes in ...

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Proposed Changes to fee rules

The following are proposed changes to SCR 20:1.5 that would be part of the comprehensive changes being considered to all of SCR Chapter 20. SCR 20:1.5 Fees (a) A lawyer’s fee lawyer shall be reasonable not make an agreement for, ...

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Negligent bank not liable to subcontractors

“The legislature has balanced the interests of lenders and subcontractors, and we respect that balance.” Hon. Charles P. Dykman Wisconsin Court of Appeals The Wisconsin Court of Appeals held on Sept. 16 that it would contravene public policy to allow ...

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Negligence Case Analysis

Coincidentally, just two days before this decision was issued, Judge Dykman delivered an address to the Dane County Bar Association on the same theme, entitled, “Torts — Wisconsin Does it Differently.” The lesson of both this decision and that speech ...

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