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Intervenor lacks standing to appeal

“So remote is the prospect that Enrick could have derived a benefit in suit number 2 from vacating the settlement in suit number 1 that we conclude that he has not established standing to pursue this appeal.” Hon. Richard A. ...

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Identification Case Analysis

Whether the Supreme Court in State v. Dubose, 2005 WI 126, 699 N.W.2d 582, implicitly overruled State v. Marshall, 92 Wis.2d 101, 284 N.W.2d 592 (1979), is an important question that demands consideration by the Supreme Court, and prosecutors adversely ...

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Accidental ID may be inadmissible

An “accidental identification” of a defendant, out-of-court, is unreliable and must be suppressed, the Wisconsin Court of Appeals held on Sept 28, where it occurs just outside the courtroom on a day when the witness expects to see the alleged ...

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Vienna Case Analysis

The court is the first of the circuits to permit damage claims for Article 36 violations. All have rejected suppression of evidence as a remedy, and two — the Fifth and Sixth — have expressly held that no individual rights ...

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Vienna Convention violation spawns suit

“In the absence of any administrative or other alternative to measures we have already rejected (such as suppression of evidence), a damages action is the only avenue left.” Hon. Diane P. Wood Seventh Circuit A foreign national who is not ...

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Asylum Case Analysis

The actual holding in the case is not especially noteworthy, because the Seventh Circuit has held in previous cases, that asylum should not be denied to credible applicants, solely because of lack of corroboration. In Balogun v. Ashcroft, 374 F.3d ...

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Landlord Case Analysis

The decision is unsound both on public policy grounds, and because it is contrary to the precedent and statutes. It is noteworthy that, since CSS North Henry, LLC, v. Tully, 2001 WI App 8, 240 Wis.2d 534, 624 N.W.2d 847 ...

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Limitations Case Analysis

The decision raises a number of issues that attorneys need to be aware of whenever an indictment is filed at the eleventh hour before expiration of the statute of limitations. In its discussion of the sufficiency of the evidence, the ...

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Receivership Case Analysis

According to the allegation in the petition to intervene, the supplier never knew that it was dealing with a receiver, rather than its original client. The key question raised by this case is what such a supplier should do if ...

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Supplier can intervene in receivership

An unpaid supplier to a company in receivership must be permitted to intervene in the action, the Wisconsin Court of Appeals held on Sept. 15. The Urquhart Companies owned and operated three nursing homes in Pierce and Shawano Counties. M&I ...

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Sovereign Immunity Case Analysis

The issue for which contract actions the state has consented to be sued is an important one that the Supreme Court has not considered in a long time, and one which it should. The issue is not as clear as ...

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State can't be sued for lost profits

“The lost profits and the incurred expenses he seeks to recover are not liquidated; they cannot be readily determined from the terms of the alleged contract or from fixed data or mathematical computation.” Hon. Margaret J. Vergeront Wisconsin Court of ...

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Trial consultants' role challenged

In the decade since the O.J. Simpson trial brought trial consultants to national prominence, their role has continued to expand to the point where the profession is now fending off challenges to its growing influence. Whether it’s concern about their ...

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Brennan leads Milwaukee courts

After serving 11 years on the Milwaukee Circuit Court bench, Judge Kitty K. Brennan took on the role of chief judge of the First Administrative District last month. Brennan, who spent two years as a deputy chief judge, recognizes the ...

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Damages Case Analysis

The issue of whether evidence of insurance coverage for punitive damages can be presented on rebuttal is an important one that needs to be resolved sooner rather than later. The defendant in this case forfeited any objection by choosing not ...

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Damage award over $20 million upheld

What the court held Case: Staskal v. Symons Corp., No. 2004AP663. Issue: Was an OSHA report properly excluded from evidence, notwithstanding Rule 908.03(8)? Is a compensatory damage award that included $7.5 million for pain and suffering excessive? Does a punitive ...

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IGRA Case Analysis

Notwithstanding the court’s decision, it is possible that other tribes will be able to successfully challenge the provision in the Ho-Chunk compact. There is persuasive precedent from other jurisdictions authorizing a challenge under the APA to the Secretary of the ...

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