Quantcast
Home / Legal News (page 476) /

Legal News

Reciprocity Case Analysis

Although Mostkoff was unsuccessful, and the Supreme Court did not consider his constitutional challenges even worthy of discussion, this may not be the end of the matter. Just last month, a federal court in North Carolina held that a state-specific ...

Read More »

Punitive Damages Case Analysis

Although the majority states that its standard is higher than the previous common law standard, and that circuit courts must act as "gatekeepers" — only sending punitive damage questions to juries where this heightened standard is met — the standard ...

Read More »

Suspect can't invoke Miranda before arrest

“A noncustodial interrogation normally fails to create circumstances that compel self-incrimination which is why Miranda does not apply in those situations.” Hon. Michael W. Hoover Wisconsin Court of Appeals A suspect’s invocation of Miranda does not render his subsequent statements ...

Read More »

Miranda Case Analysis

The facts of this particular case make it a poor vehicle for further review in the Supreme Court, but the holding is sufficiently problematic that ultimate review of the issue would be beneficial. First, it is not even certain that ...

Read More »

No breach where plea agreement was silent

“If we allow the State to bargain for a recommendation of a specific sentence and then let the State unilaterally recommend a consecutive sentence over and above the sentence recommendation mutually assented to, we are permitting the State to change ...

Read More »

Plea Agreement Case Analysis

As unfortunate as the decision is for Bowers, whose plea agreement was plainly breached by the State in this case, defendants in future cases may nevertheless be able to avoid the same result, even when identical facts are present. Both ...

Read More »

Chapter 980 Case Analysis

Although the court remanded this case to the circuit court for factfinding to determine whether Mark’s statements were "compelled," it is unclear what, if any, relevant facts it expects to be developed on the record, that were not already available ...

Read More »

TIS Case Analysis

In State v. Cole, 2003 WI 59, 262 Wis.2d 167, 663 N.W.2d 700, the Wisconsin Supreme Court wrote, when faced with similar mathematical difficulties presented by TIS-I: "both sides present reasonable arguments in support of their respective interpretations. On the ...

Read More »

Legal Residuum Case Analysis

A question raised by this decision is whether the results in future cases can be changed by reframing the issue. Section 227.57(6) provides, “the court shall not substitute its judgment for that of the agency as to the weight of ...

Read More »

Plain Error Case Analysis

In adopting the “limited remand” approach to plain error, the Seventh Circuit takes the middle ground in what has become a three-way division among the Circuits. The Second Circuit is largely in accord with the Seventh Circuit. U.S. v. Crosby, ...

Read More »

Law firm partner not an employee

The Seventh Circuit held on Feb. 15 that a partner in a law firm with only three other general partners is an employer, not an employee, under the civil rights laws. In 1989, James D. Solon joined the law firm ...

Read More »

Law Firm Case Analysis

As a case involving whether a partner in a law firm is an employer or employee, the decision has important ramifications beyond employment law. It is noteworthy that, although the court purports to apply the six-factor test of Clackamas Gastroenterology ...

Read More »

Company exempt from WARN

The Worker Adjustment and Retraining Notification Act (WARN Act) was not violated when Arthur Andersen laid off employees after it was indicted, the Seventh Circuit held on Feb. 11. Arthur Andersen LLP had 27,000 employees in 80 locations around the ...

Read More »

WARN ACT Case Analysis

The decision’s precedential value is undercut, because only half of the analysis will remain applicable to future cases. On the issue of causation, the court concluded, "Andersen could not indict itself. Andersen was not like a company that secretly plotted ...

Read More »