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Offset Case Analysis

Despite the holding, plaintiffs’ attorneys should continue to oppose offsets where the subrogated insurer defaults, and preserve the issue for potential review in the Wisconsin Supreme Court. The holding in Lambert v. Wrensch, 135 Wis. 2d 105, 399 N.W.2d 369 ...

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Sentencing Case Analysis

Rule 32(h) of the Federal Rules of Criminal Procedure provides: “Before the court may depart from the applicable sentencing range on a ground not identified for departure either in the presentence report or in a party’s prehearing submission, the court ...

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Foreclosure fallout

Following the residential housing boom earlier in the decade, Wisconsin, like the rest of the country, has taken a turn in recent years and seen a rise in the number of residential foreclosures. Looking at figures for the first quarter ...

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Fundamental aspects of foreclosures

Click here for larger image A mortgage payment hasn’t been made in months. It’s time to foreclose. Here’s what debtors and creditors can expect, legally speaking. Wisconsin is a judicial foreclosure state, meaning that a lawsuit must be commenced to ...

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Lending practice changes mulled

The era of the high-risk mortgage loan could soon come to a close. With many of the economy’s current struggles being blamed on overzealous mortgage lending by financial institutions, federal regulators are stepping up efforts to crack down on loose ...

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Amendment Case Analysis

The result in this case is consistent with prior precedent, but the reasoning goes far beyond it. The court could have resolved the issue solely with reference to Sutter v. State, 69 Wis.2d 709, 233 N.W.2d 391 (1975). In Sutter, ...

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Plaintiff can't assert new claims

What the court held Case: Tietsworth v. Harley-Davidson, Inc., No. 2004AP2655. Issue: Can a plaintiff amend his complaint after an appellate court has affirmed a dismissal by the circuit court? Holding: No. Absent a clear directive to act, the circuit ...

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Reasonable Costs Case Analysis

As a result of the decision, all fee-shifting statutes could be interpreted to allow for an award of “reasonable costs,” regardless of whether the statute allows for “actual costs” or just “costs.” Any statute which is designed to protect consumers ...

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Eminent Domain Case Analysis

This is the most fractured decision of the court this term, and reckoning its holdings requires an XY chart, with seven justices spanning one axis and 2 issues spanning the other axis. The first issue is whether replacement property implicates ...

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Frivolousness Case Analysis

If nothing else comes of this case, it should be expected that, the next time the court makes a rule change, it will consider whether its application should be retroactive and state so explicitly. Even if the court doesn’t, however, ...

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Public Trial Case Analysis

The court’s reliance on Walton v. Briley, 361 F.3d 431 (7th Cir. 2004), and Peterson v. Williams, 85 F.3d 39 (2nd Cir. 1996), to conclude that it is “irrelevant” whether closure was inadvertent or intentional, is not necessarily misplaced, but ...

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Vision of the Future

The goal of a new Marquette Law School took another step toward becoming a reality as a preliminary rendering of the complex was recently developed. Dean Joseph D. Kearney projected the price tag of the new law school to be ...

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