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Panel discusses civil rights challenges

In the picture, left to right, Mark Agrast, Mary Rose Oakar, Daniel Kohrman, Paul Igasaki and Wade Henderson. The 40th anniversary of the 1964 Civil Rights Act served as a springboard for discussion of the future of civil rights in ...

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A tale of two Chinese immigrants

The Seventh Circuit decided two immigration cases in the past month, both concerning immigrants from China. In one case, the court held that the immigrant failed to prove past, or likelihood of future, persecution, even though the asylum applicant had ...

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China Case Analysis

It is ironic that, in Mei Dan’s case, she is going to be deported, even though she suffered harassment based on her (perceived) religious beliefs, while Lian may avoid deportation, even if he was never persecuted by the Chinese government. ...

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ABA reviews sentencing report

Federal judges’ discretion shouldn’t be hamstringed by mandatory minimum sentencing laws, or by overly severe, one-size-fits-all sentencing guidelines. That’s according to the American Bar Association’s House of Delegates. On Aug. 9, at the ABA’s annual meeting in Atlanta, its policy-making ...

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Roggensack begins career on top

In the Wisconsin Supreme Court’s 2003-04 term, first-year Justice Patience D. Roggensack was the justice most likely to be in the majority, just as her predecessor, former Justice William A. Bablitch, had been in the 2002-03 term. On the other ...

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Tenure termination not a contested case

“Marder had the right to hear and refute any allegations the Chancellor raised during the consultation. Because Marder did not have that opportunity, the Board failed to comply with the requirements of sec. UWS 4.05.” Hon. Gregory A. Peterson Wisconsin ...

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Tenure Case Analysis

The court’s holding that a decision to terminate a tenured professor is not a “contested case” under ch. 227 is problematic for a host of reasons, and parties should not rely on it until the Supreme Court has spoken on ...

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Lis pendens must be maintained during appeal

"Discharging the lis pendens before the expiration or exhaustion of the appellate process defeats both the notice and preservation objectives." Hon. Michael W. Hoover Wisconsin Court of Appeals A lis pendens must be maintained while appellate proceedings are still pending, ...

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Lis Pendens Case Analysis

The court’s decision in this case is indeed necessary, lest, as it noted, "both the notice and preservation objectives" of the statute would be defeated. The more interesting question is the slander of title counterclaim, which the court addressed only ...

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‘Amounts payable’ not ambiguous term

“While the ‘amount payable’ provision would arguably permit further reductions, it would not cause a reasonable insured to believe that reductions would not be made for actual payments already made from other sources. Hon. Neal Nettesheim Wisconsin Court of Appeals ...

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UIM Case Analysis

The court relies on two cases for support of its holding that the reducing clause is not illusory, even though the clause purports to admit reduction for “amount[s] payable” by a tortfeasor, in addition to amounts paid: Van Erden v. ...

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Village liable for unbonded contractor

“Municipal liability for failure to ensure that a contractor furnishes a proper bond protects subcontractors, taxpayers and the municipality itself.” Hon. Charles P. Dykman Wisconsin Court of Appeals A municipality is liable to a subcontractor for its failure to ensure ...

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Subcontractors Case Analysis

Two questions regarding the notice of claim issue stand out immediately upon reading this decision. The first is why the court wrote as if this were an issue of first impression, rather than simply stating that this issue was settled ...

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‘Specializing in‘ not an ambiguous term

“The concepts of ‘primarily’ and ‘specializing in’ are clear. Additionally, that various fact-finders may apply those concepts differently in apparently similar cases does make the concepts themselves ambiguous or vague. The restrictive covenants are valid.” Hon. Ralph Adam Fine, Wisconsin ...

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Covenant Case Analysis

With a better drafted restrictive covenant, the Tumbleweeds restaurant could easily have avoided the result in this case — leaving it up to the whim of a jury whether a Chili’s restaurant constitutes a “Mexican restaurant,” or serves “primarily Mexican ...

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Testimony Case Analysis

Notwithstanding the court’s decision, attorneys should vigorously contest that part of the decision that holds a defendant and his attorney can be compelled by the State to testify at an evidentiary hearing, if necessary. The court held that a defendant ...

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Warrant Case Analysis

The majority opinion is remarkable in its discussion of probable cause for the near total absence of discussion of State v. Schaefer, 2003 WI App 164, 266 Wis.2d 719, 668 N.W.2d 760. The court does cite the case, but only ...

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Dog-bite case challenges

“They’re not the easiest cases to try, just about everybody on a jury owns a dog and likes dogs and sees themselves in the position of the defendant.” Lynn R. Laufenberg, Laufenberg & Hoefle, Milwaukee Dog-bite cases dominated the discussion ...

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Review Case Analysis

The decision is unfortunate, for, as the dissent notes, Kolupar has indeed been victimized twice — once by the defendants, and once by the judicial system. Nevertheless, the decision is not as bad for consumers as the court of appeals’ ...

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Sentencing Case Analysis

The decision (or at least the issue) will certainly have to be reviewed by the U.S. Supreme Court, and as Judge Easterbrook stated, “soon.” Within one business day of this decision being issued, a conflict between the circuits was created ...

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