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Voluntariness Analysis

Effectively, the decision removes any stigma from the term, “coercion.” Previous decisions used the terms “coercive” and “improper” interchangeably, and with negative connotations. In this case, the court has distinguished between the two, and held that conduct that is “coercive” ...

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Court denies citation request

The Wisconsin Supreme Court finally decided that it will not allow the citation of unpublished decisions as persuasive authority, at the Court’s administrative conference last Wednesday. The court has been considering the proposal since last fall, and had previously voted ...

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Asset purchaser does not assume unknown liabilities

“Even if the contract might be considered ambiguous regarding the liabilities assumed by Wisconsin Gas, the more reasonable, fair and just construction, which conforms with established business practices, is that Wisconsin Gas only assumed certain known liabilities.” Justice William A. ...

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Asset Purchase Case Analysis

The decision is important for reversing a decision which, in the words of Judge Patience Roggensack, dissenting from the court of appeals’ decision, “create[d] uncertainty in commercial transactions throughout Wisconsin where asset purchase agreements have been common occurrences.” Ultimately, the ...

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English Case Analysis

A question raised by the case is what constitutes harmless error, and whether, as the dissent suggests, the majority opinion implicitly makes error grounds for reversal per se. The comments by both the concurrence and dissent — that the majority ...

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State Bar, courts celebrate past, future

“Judicial independence remains the cornerstone of our democracy and our judiciary.” Hon. Shirley S. Abrahamson Chief Justice Wisconsin Supreme Court “You say it’s your birthday? Well it’s my birthday too, yeah.” That famous refrain from the Beatles could’ve been the ...

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Board resolution seeks EEOC hearings

Be it resolved that the Individual Rights and Responsibilities Section of the Wisconsin Bar requests that the Board of Governors: 1) Communicate with EEOC officials and members of the Wisconsin Congres-sional delegation urging that prior to any restructuring there be ...

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Condemnation Case Analysis

It was obvious when the Supreme Court issued its decision in DNR v. Waukesha that it would be impossible for parties in numerous types of actions with statutes of limitation less than 120 days to both file a notice of ...

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Issue Preclusion Case Analysis

Unfortunately, in the wake of this decision, motorists who are involved in automobile accidents and receive municipal citations will be wise to plead no contest rather than fight the citation, regardless of how much they feel they may be in ...

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DNA Profile Case Analysis

Although, for new sexual assaults, sec. 939.74(2d)(b) makes it unnecessary to swear out John Doe warrants and file complaints prior to expiration of the statute of limitations, it is still wise to do so for older ones. Section 939.74(2d)(b) took ...

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Court can review John Doe judge

The court of appeals has jurisdiction to issue a supervisory writ to a John Doe judge, the Wisconsin Supreme Court held on May 1. The court further held that a John Doe judge has the authority to disqualify counsel for ...

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John Doe Case Analysis

It is axiomatic to say that a John Doe judge is not authorized to exercise all the powers of a court. In the wake of this decision, however, the question of what powers it can exercise is now more uncertain ...

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Roundtable Discussion

Oral Arguments Last week, the Wisconsin Law Journal presented the first of a two-part series looking at the elements of preparing and presenting oral arguments. WLJ brought together two appellate judges and four appellate attorneys to discuss the topic of ...

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DNA profile sufficient for complaint, warrant

“For purposes of identifying ‘a particular person’ as the defendant, a DNA profile is arguably the most discrete, exclusive means of personal identification possible.” Judge Ted E. Wedemeyer Wisconsin Court of Appeals A criminal prosecution is properly and timely commenced ...

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Courts can sanction unauthorized practice

An organization that sent brochures to defendants that offered paralegal services, and were designed to undermine their confidence in their attorneys, constituted the unauthorized practice of law, the Seventh Circuit held on April 24. However, the court held that, absent ...

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Unauthorized Practice Case Analysis

As aggressive as Judge Murphy’s actions may appear, they would certainly be welcomed by anyone who has ever had to deal with organizations like NLPA. There is no reason why state court judges in Wisconsin should not be able to ...

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Roundtable Discussion

Oral Arguments Last month, the Wisconsin Law Journal brought together a group of veteran appellate attorneys and appellate judges to discuss the issues related to preparing and presenting oral arguments. Editor Tony Anderson moderated the discussion on March 20, which ...

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School Staff Case Analysis

It is reasonable to think that, even if the court had found the statute ambiguous, it would have affirmed the conviction of Kaster. As the court noted, regardless of when his formal duties as coach may terminate, the contract plainly ...

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Child abuse investigation held unconstitutional

Section 48.981(3)(c)(1) is unconstitutional to the extent it authorizes government officials to conduct an investigation of child abuse on private property without a warrant, probable cause, consent, or exigent circumstances, the Seventh Circuit held on April 16. Nevertheless, the court ...

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Investigation Case Analysis

It should be expected that the most frequent applications of this decision will not be in civil rights actions in federal court, like this case, but in state court, where defendants attempt to use it to suppress evidence against them. ...

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Doctor can be forced to testify as expert

“Understanding that the ‘particularly harsh sanction’ of dismissal would inevitably follow from acceding to Dr. Koh’s wishes, Judge White reasonably exercised discretion in ordering his testimony and denying Dr. Plante’s motion to dismiss.” Judge Charles B. Schudson Wisconsin Court of ...

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Expert Testimony Case Analysis

For all of the ample reasons stated by Judge Curley in her dissent, this decision was clearly decided incorrectly, and it should be expected that, if published or reviewed by the Supreme Court, it will ultimately be overruled. An additional ...

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IOLTA remains in place

"Under our rules, the client then makes a claim, it’s reviewed, they can then be paid their interest from the IOLTA funds. They can be made whole.” Patricia K. Ballman State Bar President The U.S. Supreme Court ruling upholding the ...

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