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Foreclosure Case Analysis

Perhaps the most important lesson to be learned from this case is that banks should file foreclosure actions in state court, where they almost always are filed, and where the judges are more familiar with foreclosure proceedings. Nevertheless, this is ...

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Foreclosure judgment can be appealed

What the court held Case: Chase Manhattan Mortgage Corp. v. Moore, No. 05-2941. Issue: Can a prevailing party appeal a district court judgment? Holding: Yes. Where the district court’s only actual holding was adverse to the party, it can appeal, ...

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Levine becomes 51st president

Leadership Change: Chief Justice Shirley S. Abrahamson swears in Steven A. Levine as the 51st president of the State Bar of Wisconsin. Levine ran last year as a write-in candidate and won on a platform supporting a voluntary bar, bar ...

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Safe Place Statute

The court’s decision is well-reasoned, even if it may appear arbitrary (had the plaintiff lived in a four-plex instead of a duplex, he would likely have recovered). Nevertheless, the definition of “public building” in sec. 101.01(12) makes clear that a ...

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Costs Case Analysis

The decision in this case is nothing short of tragic. Admittedly, the court’s interpretation is reasonable, insofar as the omission of the word “actual” before “costs,” in this subsection, when the Legislature used the term “actual costs,” when referring to ...

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The age of electronic discovery

During the past two decades, the shift from storing information in paper files to creating and storing it electronically has led to a sea change in discovery practices. Courts have begun to address the issue of electronic discovery in a ...

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Guidelines Case Analysis

The decision is problematic for at least three reasons. First is the court’s reliance on the defendant’s lack of prior imprisonment. This is not a defendant-specific reason, but will be present for all defendants with a criminal history of Category ...

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7th Circuit upholds child porn sentence

What the court held Case: U.S. v. Baker, No. 05-2499. Issue: Did the district court adequately explain its reasons for imposing a below-guideline sentence on a defendant convicted of distributing child pornography? Holding: Yes, where the court referenced the defendant’s ...

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Consent Case Analysis

As a practical matter, it is difficult to see how the decision in this case will not develop into a bright-line rule that an encounter initiated by a lawful traffic stop is not consensual unless the motorist’s driver’s license is ...

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Sentence Credit Case Analysis

The court gives several good reasons for its holding, but makes no mention of the strongest reason — the plain language of sec. 973.155(1)(b): “The categories in par. (a) [for which a prisoner is entitled to credit] include custody of ...

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Defendant credited for time on ES hold

What the court held Case: State v. Presley, No. 2005AP359-CR. Issue: When a defendant is given concurrent sentences, one on a new charge, and another after revocation of extended supervision, is he entitled to presentence credit on both sentences? Holding: ...

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New ID case tests breadth of Dubose

Once again, the Wisconsin Supreme Court is taking up the issue of eyewitness identification. During its last term, the state’s high court issued a key decision opposing the police practice of showup identification by witnesses. In a case heard earlier ...

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Citation of unpublished opinions OK

“It makes sense. There’s always a little bit of judicially imposed fiction to say, ‘everyone knows this prior case ruled in a particular fashion, but we don’t want you citing to it.’” Steven M. BiskupicU.S. Attorney The U.S. Supreme Court ...

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Fast Track Case Analysis

Despite the court’s holding, defendants facing criminal prosecution for illegal re-entry should nevertheless continue to ask for downward departures. Although the requests must be denied, the issue should be preserved for review. The procedural history of this case is unusual. ...

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Court rules no downward departure

What the court held Case: U.S. v. Galicia-Cardenas, No. 05-3093, & U.S. v. Vega-Lopez, No. 05-3486. Issue: Can a sentencing court in an illegal re-entry case grant a downward departure to avoid disparity in sentences compared with defendants sentenced in ...

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Arbitration Case Analysis

As a result of the decision, the Supreme Court’s opinions in Green Tree Financial Corp. v. Bazzzle, 539 U.S. 444, 123 S.Ct. 2402 (2003), are essentially a nullity in the Seventh Circuit. According to the Seventh Circuit, there is no ...

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Consolidation decision is for arbitrator

What the court held Case: Employers Ins. Co. of Wausau v. Century indemnity Co., No. 05-3437. Issue: Should an arbitrator or a court decide whether an arbitration agreement allows for consolidation of arbitrations? Holding: The arbitrator. Procedural questions should be ...

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Contingency Fees Case Analysis

Inexplicably, the court never even addresses the language of the statute, or attempts to explain why the reasoning of the Fifth Circuit in Daniels v. Brown, 325 F.3d 690 (5th Cir. 2003), is erroneous. The heart of this issue is ...

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Contingency fee can be reduced

What the court held Case: In re: Susan L. Gilbertson, No. 04-37868-svk Issue: When an attorney is retained by a trustee to recover assets for a bankruptcy estate pursuant to a contingency fee agreement, can the fee be reduced if ...

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Down from the Bench; Up on the Stage

Brawl leads to music and humor: Attorneys and judges gathered last Thursday for the Dane County Bar Association’s annual Bench Bar Brawl at The Concourse Hotel in Madison. Circuit Court Judges Daniel R. Moeser and Maryann Sumi served as emcees ...

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Excusable Neglect Case Analysis

The decision is actually a significant extension of the Supreme Court’s decisions in Dugenske v. Dugenske, 80 Wis. 2d 64, 257 N.W.2d 865 (1977), and Hollingsworth v. American Fin. Corp., 86 Wis.2d 172, 271 N.W.2d 872 (1978) — the cases ...

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