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Interest Case Analysis

The case is a likely one to be reviewed by the Supreme Court for several reasons: the inconsistency in the court of appeals’ classification of whether or not sec. 807.01(4) is punitive; the court’s invitation that it do so; and ...

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Court equates statutes of limitation

Landis v. Physicians Insurance Co. of Wisconsin, Inc., 2001 WI 86 effectively overruled Leverence v. United States Fidelity & Guaranty, 158 Wis. 2d 64, 462 N.W.2d 218 (Ct. App. 1990), which had held that Wisconsin’s borrowing statute, sec. 893.07, applied ...

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Repose Case Analysis

The court’s decision is somewhat overbroad in its sweeping language in two places that Landis “abandons any distinction between a statute of limitations and a statute of repose.” Landis does no such thing, however. It merely holds that, when the ...

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Badger Mutual Insurance: One year later

“Every case is an individual case and in Badger Mutual, they reaffirmed the decision in Dowhower that reducing clauses are enforceable only if the policy clearly sets forth that the insured is purchasing a fixed level of UIM coverage that ...

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Conviction reversed due to many errors

“While we take no position whether the hypnosis session violated Armstrong’s requirements, counsel should have at least presented available expert testimony challenging the hypnosis session and the reliability of Rene’s testimony.” Hon. Thomas Cane Wisconsin Court of Appeals On Aug. ...

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Hypnosis Case Analysis

As only the second court of appeals’ decision since Armstrong was decided to consider hypnotic testimony, the decision has great importance (the other is State v. Coogan, 154 Wis.2d 387, 453 N.W.2d 186 (Ct.App.1990)). Furthermore, as a result of the ...

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Revocation Case Analysis

Although the court declined to decide Russell’s second argument, the court’s dicta suggests that the second supervised release, and a subsequent revocation and reimprisonment would be lawful. This creates an interesting anomaly, in that sometimes, when a court imposes the ...

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Sullivan takes helm in Milwaukee

Hon. Michael P. Sullivan Milwaukee County’s new chief judge plans to draw upon his 26 years as a circuit court judge and five years as a court commissioner as he takes the helm of the state’s largest judicial district. Judge ...

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No clear error in excluding statements

“Even if the Illinois Supreme Court’s application of Chambers was not unassailable, as shown by the contrary inferences drawn by the Illinois appellate court using the same law and the same facts, by the same logic it also was not ...

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Penal Interest Case Analysis

Inasmuch as the case is only a federal court review of an Illinois state court conviction, carrying as it does an exceedingly deferential standard of review, the decision has no precedential value save in federal habeas actions. However, the majority’s ...

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Court adopts sophisticated user defense

Hon. Richard S. Brown The Wisconsin Court of Appeals on Aug. 6 adopted the “sophisticated user defense,” holding that a manufacturer of a dangerous product has no duty to warn a sophisticated user with equal knowledge of the product’s propensities. ...

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Sophisticated Case Analysis

The policy reasons given by the court for adopting the sophisticated user defense are, as the court concluded, sound. As the court found, the foundry is in a far better position to ensure workplace safety, and in a better position ...

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Misrepresentation Case Analysis

This decision was not recommended for publication. Nevertheless, it is so contrary to existing precedent that, when coupled with the court of appeals’ questionable decision last month in Jares v. Ulrich, No. 02-3100 (decided June 25, 2003), which also significantly ...

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Rule 41 Case Analysis

As a result of the decision, plaintiffs should be very leery of dismissing a federal action to pursue an action based on the same conduct in state court. This is particularly true, because Wisconsin has an identical counterpart to Rule ...

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Insurer must defend property damage

“Exclusion F excludes coverage for bodily injury or physical injury to tangible property. While this may apply to some claimed damage, the Droegkamps also allege pecuniary damage, damage not excluded by the policy.” Judge Harry G. Snyder Wisconsin Court of ...

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Poisonous fruit doctrine applies to confessions

“If we do not suppress physical evidence in situations of intentional violations of Miranda, we, in essence, undermine the deterrent effect upon which such a decision was based.” Justice N. Patrick Crooks Wisconsin Supreme Court The Wisconsin Supreme Court held ...

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Poisonous Fruit Case Analysis

Because the U.S. Supreme Court has granted review in U.S. v. Patane, both the State and defendants should continue to preserve any issues concerning suppression of evidence that results from an unlawful interrogation, pending resolution of that case. In the ...

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Fee reduction imposed for discovery abuse

“The trial court properly considered whether the costs could have been avoided by a reasonable and prudent effort.” Hon. Patricia S. Curley Wisconsin Court of Appeals Where a prevailing plaintiff in an action entitling her to fee shifting failed to ...

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Over Litigation Case Analysis

It would indeed be unfortunate if this decision were published as recommended, and not reversed by the Supreme Court. Admittedly, the majority’s interpretation of Local Rule 365 is something that attorneys can comply with, and should be expected to. Opposing ...

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Ambiguity not shown by negative implication

“Ferreting through a policy to dig up ambiguity should not be judicially rewarded because this sort of ambiguity is insufficient. Rather, inconsistencies in the context of a policy must be material to the issue in dispute.” Hon. David T. Prosser ...

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Ambiguity Case Analysis

Every first year law student learns the quote of Oliver Wendell Holmes that, “you can always imply a condition to a contract.” Had the court decided this case otherwise, it would have been good law in Wisconsin to paraphrase the ...

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Right to bear arms trumps CCW statute

“Anyone who enters a business premises, including a person with criminal intent, should presume that the owner possesses a weapon, even if the weapon is not visible.” Hon. David T. Prosser Wisconsin Supreme Court The carrying a concealed weapon (CCW) ...

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CCW Case Analysis

There is little doubt that, as Justice Prosser was sharp to recognize in his concurrence in Cole, these cases are going to generate a “deluge of frivolous litigation.” A large number will be from prisoners who failed to raise “as ...

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Skwierawski’s administration leaves legacy

Hon. Michael J. Skwierawski Following 25 years of judicial service to Milwaukee County, five as chief judge, Michael J. Skwierawski, 60, is retiring. Those within the First Judicial Administrative District say he is leaving the state’s largest court system better ...

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