Quantcast
Home / Legal News (page 472) /

Legal News

Discrimination Case Analysis

Although the Seventh Circuit has used the same now-verboten language employed by the Eleventh Circuit in the case at bar, it does not appear that the decision actually changes the substantive law in the Seventh Circuit. In Millbrook v. IBP, ...

Read More »

Frivolous lawsuit bill moves forward

A bill designed to toughen the civil justice system’s treatment of frivolous lawsuits is winding through the Wisconsin Legislature and may very well end up on Gov. Jim Doyle’s desk in just a few weeks. While some characterize the bill ...

Read More »

Discussion of med mal caps intensifies

Legislator prepares cap bill A state legislator is getting ready to introduce legislation that would reestablish caps for noneconomic damages in medical malpractice cases. The governor vetoed an earlier attempt to put caps back in place after the Supreme Court ...

Read More »

Escrow Case Analysis

Although one would hope that facts such as these never repeat themselves, and the case will never be cited as directly applicable precedent; nevertheless, the case is valuable as the first published Wisconsin case discussing the duties of escrow agents ...

Read More »

Escrow agent lacks duty

What the court held Case: Black v. Metro Title, Inc., No. 2005AP1423. Issue: Does an escrow agent owe a duty to an incidental beneficiary? Holdings: No. An escrow agent is an agent and fiduciary of only the parties to the ...

Read More »

OWI Case Analysis

An important question the decision leaves unanswered is whether a defendant could be convicted of operating while intoxicated if, although he never drives the vehicle or starts the engine, he does place the key into the ignition. In an unpublished ...

Read More »

Court launches site with appeal

Attorneys can use the court system’s Wisconsin Supreme Court and Court of Appeals Access (WSCCA) Web site to track appellate cases as they move through the system. Visit the Web site. The Wisconsin court system has just made it easier ...

Read More »

Disparity Case Analysis

It is important to note that, although a district court’s refusal to impose a sentence below the guidelines because of disparity between co-defendants is not grounds for reversal on appeal, it is possible that defendants can still contend in the ...

Read More »

Sentence does not indicate disparity

What the court held Case: U.S. v. Boscarino, No. 05-2657 Issue: Is disparity between co-defendants’ sentences grounds for finding the sentence unreasonable, where the disparity resulted from one defendant’s cooperation with the government? Holdings: No. A sentence within a properly ...

Read More »

Other Insurance Case Analysis

Although the court affirmed the court of appeals decision, the remedy the court adopted does not sweep as broadly. The court of appeals held that, because Progressive’s other insurance clause fails to provide uniform coverage to named insureds and occupants, ...

Read More »

China Practice

As China continues to enter the world market, more Wisconsin companies are looking at business ventures there. Those business activities mean opportunities for the law firms representing state manufacturers and entrepreneurs. Many middle-market manufacturers are being drawn toward China as ...

Read More »

Identification Case Analysis

The decision fails to provide much guidance, either for cases pending now in which the defendant seeks to present expert testimony, or for older cases in which decisions not to admit evidence attacking eyewitness identifications are being reviewed. The court ...

Read More »

Court denies new trial in ID case

What the court held Case: State v. Shomberg, No. 2004AP630-CR. Issue: Was it an abuse of discretion, in 2002, for the trial court to refuse to allow a defendant to present expert testimony that eyewitness identifications re unreliable? Did the ...

Read More »

Sanctions Case Analysis

The court’s decision — that sanctions can only be imposed under 28 U.S.C. 1927 based on an attorney’s conduct during litigation — is the correct one, for the reasons given by the court. Without “proceedings” and a “case” pending, there ...

Read More »

No sanctions for conduct prelitigation

What the court held Case: Bender v. Freed, No. 04-4169. Issue: Can sanctions be imposed pursuant to 28 U.S.C. 1927 for conduct occurring prior to the commencement of litigation? Holding: No. Without a case pending, there are no "proceedings" to ...

Read More »

Basting, Carnell seek State Bar seat

“Simply throwing money at the problem is not the answer. We need strong leadership to take the Bar in the direction necessary to see to it that citizens aren’t denied justice simply because they are poor.” Thomas J. Basting Sr. ...

Read More »

Right to Counsel Case Analysis

It is imperative that trial courts and attorneys know that a guilty or no contest plea cannot be conducted with defense counsel appearing only by speakerphone, and that doing so is not subject to harmless error analysis, but is prejudicial ...

Read More »

Guilty plea by phone overturned

What the court held Case: Van Patten v. Deppisch, No. 04-1276 Issue: Can a guilty or no contest plea be entered with the defense attorney appearing by speakerphone? Holding: No. The right to counsel requires that the attorney be physically ...

Read More »

Takings Case Analysis

The court states that the case is distinguishable from Dotty Dumpling’s Dowry, Ltd., v. Community Development Authority of the City of Madison, 2002 WI App 200, 257 Wis.2d 377, 651 N.W.2d 1, but it is difficult to see how. Distinguishing ...

Read More »

Condemnor must offer comparable property

What the court held Case: City of Janesville v. CC Midwest, Inc., No. 2004AP267 Issue: If no comparable replacement properties exist for a condemned business, can the condemnor obtain a writ of assistance to remove the owner? Holding: No. The ...

Read More »

Plaintiff Case Analysis

Even though the plaintiff prevailed on the appeal, the decision is a mixed bag, providing both favorable and unfavorable precedent to both plaintiffs and defendants. For plaintiffs, the court did not merely reject the district court’s conclusion that a plaintiff’s ...

Read More »