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No Merit Case Analysis

The ultimate decision in this case may be correct, but the court’s reasoning will place appellate attorneys in an untenable position. The court cannot be faulted for finding that the client’s behavior in this case — refusing all three of ...

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Sanctions Case Analysis

The standard for what constitutes multiplying court proceedings “unreasonably and vexatiously” under 28 U.S.C. 1927 has been stated in many different ways. Normally, a court selects one of those definitions and applies it, as though there were no question about ...

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Capitol celebration honors chief justice

50-30-10 Using her wry wit, Abrahamson thanked everyone for helping her celebrate the mid-point of her career. Wisconsin Law Journal Staff Photo If Chief Justice Shirley S. Abrahamson had been inclined to play the Pick Three lottery on Sept. 6, ...

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Presumption Case Analysis

The most noteworthy aspect of this opinion is the court’s failure to even address a previous decision by a different panel of the Seventh Circuit, U.S. v. Demaree, No. 05-4213, 2006WL2328665 (7th Cir., Aug. 11, 2006). In Demaree, the court ...

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Seventh Circuit split widens

What the court held Case: U.S. v. Hankton, Nos. 03-2345 & 03-2915. Issue: Does the rebuttable presumption that a guideline sentence is reasonable apply at sentencing? Holding: Yes. The presumption is not limited to appellate review. The Seventh Circuit on ...

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Intervention Case Analysis

Although the decision in this case bars the firm from intervening in its former associate’s action to recover what it claims are fees due it, the decision does not bar other firms from intervening in future similar cases. Most important ...

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Former law firm denied intervention

What the court held Case: Lonergan v. Employers Mut. Cas. Co., No. 2005AP1959 Issue: Did the trial court properly exercise its discretion in not allowing the former law firm of the plaintiff’s attorney to intervene to collect what it claims ...

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Bucher, Van Hollen meet at MBA forum

Paul Bucher Discussing the problem of violence in Milwaukee: “This year there were 26 shootings after Memorial Day; that’s unacceptable. It’s not just a Milwaukee problem, it’s a statewide problem.” Moments prior to taking their seats at an open forum ...

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Plea Withdrawal Case Analysis

The court’s decision in Goyette is the first in Wisconsin to address “package plea agreements” (several unpublished cases use that term, but in those cases, the defendant was pleading to several unrelated cases; the charges were “packaged,” not the defendants). ...

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Court reviews claims for plea withdrawal

What the court held Case: State v. Goynette, No. 2004AP2211-CR & State v. Howell, No. 2005AP731-CR. Issue: Is a "package plea agreement" inherently coercive? Is a defendant who claims he did not understand party-to-a-crime liability entitled to an evidentiary hearing ...

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Misrepresentation Case Analysis

The effect of the decision is to render wholly ineffective the standard CGL exclusions of coverage for misrepresentations. Claims under sec. 100.20 are now ubiquitous, whenever the facts give rise to an action for common-law misrepresentation, and with good reason ...

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Insurer liable for unfair trade practices

What the court held Case: Stuart v. Weisflog’s Showroom Gallery, Inc., No. 2005AP1287 Issue: Does a standard CGL policy exclude coverage for claims of statutory misrepresentation under Wis. Admin. Code ATCP ch. 110? Holding: No. Only common law misrepresentation claims ...

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Seventh Circuit sentencing split

What the court held Case: U.S. v. Hankton, Nos. 03-2345 & 03-2915. Issue: Does the presumption that a guideline sentence is reasonable apply at the district court level? Holding: Yes. The presumption is not limited to appellate review of guideline ...

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Real estate attorneys remaining busy

A casual summer walk through many Wisconsin neighborhoods in 2005 would have revealed “For Sale” signs rotating like seasonal lawn ornaments, a tribute to a booming real estate market. Take that same stroll this year and those signs may remain ...

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Reasonableness Case Analysis

The decision is significant for a number of reasons. First, a below-guideline sentence may never be based solely on the fact that intended loss far exceeded actual loss. Just as the disparity between crack and powder cocaine is not a ...

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Court vacates non-guideline sentence

What the court held Case: U.S. v. Wallace, No. 05-3675. Issue: Can a court impose a below-guideline sentence, if the intended loss is substantially greater than the actual loss? Holding: No. The guidelines expressly require that the sentence be imposed ...

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Presumption Case Analysis

The decision creates an intracircuit split of authority that, presumably, will have to be resolved by en banc review. Just one week to the day before this decision was issued, a different panel of the court held that there is ...

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Ex Post Facto Case Analysis

The opinion in this case is probably the most remarkable post-Booker decision yet, in this circuit or any other. The first and foremost question people are asking is, “What is the Department of Justice going to do?” And that would ...

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Court issues landmark ex post facto decision

What the court held Case: U.S. v. Demaree, No. 05-4213. Issue: Does it violate the ex post facto clause to use the current longer sentence guideline than the one in effect when the crimes were committed? Holding: No. Because the ...

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No Merit Case Analysis

In a footnote, the court suggested that Wisconsin’s rules governing no-merit cases be reconsidered. The court wrote, “The SPD asserts in its reply brief that ‘the Robbins majority adopts the position advocated by the [SPD] in McCoy: that the Wisconsin ...

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Claim Preclusion Case Analysis

The plaintiffs cannot be faulted for thinking they could file a second lawsuit, despite the dismissal of the first. The Seventh Circuit’s opinion in the first case states, “Citizens’ focus in this case is … the Ackerville Bridge Project. … ...

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Prior suit bars subsequent action

The doctrine of claim preclusion bars subsequent litigation, even though the plaintiffs’ legal theories in the second action differ from those in the first, the Seventh Circuit held on Aug. 2. The County J/Highway 164 Project involves the expansion of ...

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