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Status quo presumption trumps equal placement

“The most reasonable interpretation of Wis. Stat. sec. 767.24(2)(am) is that the presumption that joint legal custody is in the child’s best interest applies only in initial legal custody determinations, not in modification determinations.” Hon. Paul B. Higginbotham Wisconsin Court ...

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Presumptions Case Analysis

The decision is a good candidate for further review, if for no other reason than that both the concurrence and dissent urged the Supreme Court to review it. If accepted, it is also a good candidate for reversal, because as ...

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Age, experience irrelevant to custody

“The custody inquiry states an objective rule designed to give clear guidance to the police, while consideration of a suspect’s individual characteristics — including his age — could be viewed as creating a subjective inquiry.” Justice Anthony M. Kennedy U.S. ...

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Custody Case Analysis

The decision may have a substantial effect in Wisconsin, because the facts in the case at bar are almost identical to those in a Seventh Circuit case, A.M. v. Butler, 360 F.3d 787 (7th Cir. 2004), in which the Seventh ...

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Privilege Case Analysis

The decision is important for holding, without any doubt, that the expectations of clients — that the attorney-client privilege is sacrosanct — will be enforced. The court of appeals’ decision, by contrast, greatly threatened that expectation. The court of appeals ...

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Refusal Case Analysis

The decision marks the end of a half-year of confusion over exactly what is the accepted procedure for statutory construction in Wisconsin courts. The court devoted a great deal of ink to debating the proper procedure at the end of ...

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Supreme Court upholds search

In New York v. Belton, 453 U. S. 454 (1981), the U. S. Supreme Court took a hint from noted search and seizure guru and professor, Wayne La Fave, who observed: “ A highly sophisticated set of rules, qualified by ...

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‘Prime-Plus’ approach adopted in cramdowns

“The [coerced loan] approach overcompensates creditors because the market lending rate must be high enough to cover factors, like lenders’ transaction costs and overall profits, that are no longer relevant in the context of court-administered and court-supervised cramdown loans.” Justice ...

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Cramdown Case Analysis

Although only four justices found the prime-plus rate the proper approach to apply, that is the effective rate that lower courts should use when the cramdown provision is invoked. One justice thinks it too high, and four too low, but ...

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2003 spawns 3 bad faith decisions

“When a case comes to you with bad facts where you know there has been a mistake, bite the bullet early, pay the damages and get out.” Ann Lampiris Several appellate decisions last year regarding bad faith claims have left ...

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Court may correct sentencing errors

“This was not a case where, upon mere reflection, the circuit court decided to increase Gruetzmacher’s sentence. Gruetzmacher’s sentence was not increased, and the circuit court merely corrected its mistake.” Hon. N. Patrick Crooks Wisconsin Supreme Court The Wisconsin Supreme ...

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Sentence Case Analysis

The court’s decision seems to adopt all three of the Wisconsin Court of Appeals’ decisions since U.S. v. DiFrancesco, 449 U.S. 117 (1980), as well as the result, if not the reasoning, in State v. North, 91 Wis.2d 507, 283 ...

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Indian Gaming Case Analysis

Although it is not certain, it appears that the 1992 and 1998 compacts, at issue in Dairyland Greyhound Park, Inc. v. Doyle, (No. 03-0421), will remain intact. In Dairyland, Justice Jon P. Wilcox recused himself, and the result was a ...

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Forum Selection Case Analysis

The decision marks a sea change in the analysis for determining the validity of forum selection clauses, but the ultimate results reached may not differ significantly. The applicable law in Wisconsin, which the court inexplicably chose not to apply, is ...

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Section 893.22 does not apply to disabled

“In situations where a cause of action has more than one year remaining under its statute of limitations, sec. 893.22 simply does not apply.” Hon. Thomas Cane Wisconsin Court of Appeals When a mentally disabled person dies before expiration of ...

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Disability Case Analysis

By only holding that sec. 893.22 does not apply, and declining to decide whether death constitutes cessation of disability, the court leaves two interpretations of sec. 893.16 available. However, it would be folly for any plaintiff’s attorney to think that ...

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Discovery Case Analysis

The decision effectively guts sec. 971.23(7m)(a) of its teeth, at least when it is the State that fails to comply with discovery requirements. Glaringly absent from the court’s discussion is any attempt to distinguish a case with nearly identical facts, ...

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