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‘Probably’ is enough to prove causation

“While we find these bright-line tests useful in establishing important factors to be considered within our pre-existing causation framework, we decline to adopt a bright-line rule regarding causation for fear of over-simplifying such a complex issue.” Hon. Patricia S. Curley ...

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Asbestos Case Analysis

Because of the diverse citizenship of defendants in asbestos litigation, which frequently entails many defendants, forum selection is always an important consideration for parties. Parties thus need to look at this decision, and evaluate whether Wisconsin state courts are a ...

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BOG defeats pro bono reporting

“All we are doing is gathering information to find out what people are, or are not doing.” Earl H. Munson Jr. The State Bar Board of Governors has voted down a proposal that would have petitioned the State Supreme Court ...

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Judges can't prohibit home monitoring

“The legislature has left county jail oversight to the sheriff, and the trial court’s decision to prevent home monitoring when jail time is ordered as a probation condition interferes with those responsibilities.” Judge Thomas Cane Wisconsin Court of Appeals A ...

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Home Monitoring Case Analysis

The decision marks the death knell for “straight-time” sentences, in which circuit courts order that the sheriff not permit a defendant to serve his time on home monitoring. As common as such orders are, the decision is not unexpected. As ...

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Other acts admissible in predator action

“The evidence was not offered to show Franklin’s character trait in order to draw the inference that he acted in conformity with that trait on a previous occasion. Rather, the evidence was offered to prove an element of the State’s ...

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Other Acts Case Analysis

The decision in this case, combined with the decision in Wolfe, invariably will mandate that what traditionally is called "other acts evidence" is admissible in Chapter 980 actions. Nevertheless, the decision in this case, if published, will create a conundrum ...

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Veteran judge 'will be missed'

Hon. Marianne E. Becker Waukesha County Circuit Court Judge Marianne E. Becker is remembered for bringing compassion and dedication to the bench. Becker, 61, died March 10 after suffering a stroke one day earlier. The 18-year veteran was in the ...

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Admitting too many priors harmless error

“This appeal involves the difference between two convictions and five convictions, a difference that we conclude was too slight to have contributed to the jury’s verdict.” Judge David G. Deininger Wisconsin Court of Appeals Although it was error to permit ...

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Impeachment Case Analysis

The decision is a good candidate for further review in the Wis-consin Supreme Court for a couple of reasons. First is the court’s rejection of the U.S. Supreme Court’s reasoning in Ohler. Given the decision in Vanlue, which the court ...

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General repeater statute applies to drunken drivers

“The words ‘felony’ and ‘misdemeanor’ are only utilized in the discussion of prior convictions, not present convictions. Wis. Stat. sec. 939.62(3). By contrast, the legislature referred to ‘any crime’ in defining the present conviction under sec. 939.62(1).” Justice N. Patrick ...

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Repeater Case Analysis

Both the majority opinion and dissent in this case miss the mark by failing to notice that sec. 939.62 is ambiguous. The majority concluded the statute is unambiguous, and therefore, wisely declined to even consider legislative history — any attempt ...

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MBF joins China Alliance

John R. Sapp One of the state’s largest law firms is stepping into the Chinese market through a unique joint venture with three other law firms. Michael Best & Friedrich LLP is establishing a presence in Beijing and Shanghai in ...

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Loose tiles not a structural defect

"The Rizzutos offer no evidence that the granite tiles, as they were installed originally, were unsafe. Thus, they have presented no evidence that the tiles, as installed originally, constituted a ‘structural defect.’" Judge Ralph Adam Fine Wisconsin Court of Appeals ...

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Structure Case Analysis

The decision in this case is unlikely to be used as precedent in future cases, except to distinguish it. Although Rizzuto did present expert evidence that it is unsafe to use nothing more than glue to adhere 20-pound granite tiles ...

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Article 36 Case Analysis

This is the first Wisconsin case to consider the Vienna Convention in a criminal context, but, as can be seen from the large number of cases cited from other jurisdictions, it is not a novel question, nor is it one ...

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Roggensack accepts Brunner's PAC challenge

“Additionally, we will challenge Judge Brunner to join us in our commitment to ask all PACs not to make any positive or negative campaign ads.” Hon. Patience Roggensack Throughout the race for state Supreme Court, Barron County Circuit Court Judge ...

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Witness Case Analysis

Even though the court held in dicta that witnesses have no right to be notified that an attorney wishes to see them (and given Moran, there is no reason to think the court would hold otherwise if the issue were ...

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Right to Counsel Case Analysis

If one were to read solely the body of this case, without looking at the footnotes, the case would appear a significant contraction of prisoners’ constitutional rights. The lengthy paragraph quoted above, discussing the Sixth Amendment, suggests that prisoners have ...

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Contractor regulations not absolute

Hon. Patricia S. Curley A home improvement contractor’s noncompliance with the regulations in ATCP 110.05 does not necessarily give the buyer the option to cancel the contract, the Wisconsin Court of Appeals held on Feb. 11. In October 2000, Richard ...

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Home Improvement Case Analysis

Three observations need to be made concerning the decision in this case. First, no reasonable person can dispute that the decision is fair, just, and equitable. Second, the decision might be consistent with existing case law and the terms of ...

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Court considers duty to defend

"Isn’t advertising implicit in this? If they have the product, but no one knows they have the product, there’s going to be no injury. Somehow, word has to get out to the public through some form of advertising." Hon. William ...

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New MU Law School dean comes from within

Joseph D. Kearney Scholar. Teacher. Practitioner. Pro bono advocate. Family man. White Sox fan. All those labels describe Prof. Joseph D. Kearney. He’s about to take on a new role: law school administrator. Kearney, 38, will become Marquette University Law ...

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