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Sentencing Case Analysis

In light of this decision, defendants whose extended supervision is revoked appear to have substantially greater rights than revoked parolees have. Under the parole system, a revoked parolee is sent back to prison for a period of time determined by ...

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Settlement invalid until release is signed

A settlement agreement is not reached until the plaintiff negotiates the check, and signs and returns the release form, the Wisconsin Court of Appeals held on Oct. 20. On Dec. 17, 1999, Marderos Nersesian was involved in an automobile accident ...

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Settlement Case Analysis

The decision in the case at bar is problematic for a number of reasons. The court is correct when it finds that the Dec. 20, 2001 letter does not form a contract, inasmuch as the worker’s compensation carrier had not ...

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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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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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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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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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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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