Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

Three observations need to be made concerning the decision in this case. First, no reasonable person can dispute that the decision is fair, just, and equitable. Second, the decision might be consistent with existing case law and the terms of ...

Joseph D. Kearney Scholar. Teacher. Practitioner. Pro bono advocate. Family man. White Sox fan. All those labels describe Prof. Joseph D. Kearney. He’s about to take on a new role: law school administrator. Kearney, 38, will become Marquette University Law ...

An injured employee suing his employer for tort damages under the dual persona doctrine cannot sue for pain and suffering if he has accepted a settlement from the employer under the Worker’s Compensation Act (WCA), the Wisconsin Court of Appeals ...

If published, as recommended by the court, the decision would likely turn the law of third-party liability in worker’s compensation cases on its head. The decision in Page is inapposite to this case. The Supreme Court emphasized, in the very ...

Even if the stop and detention of a defendant is unlawful, by virtue of it occurring outside the police officer’s jurisdiction, suppression of the evidence is not required, the Wisconsin Court of Appeals held on Feb. 6. On Nov. 14, ...

It has long been assumed that an unlawful extrajurisdictional action by a police officer is grounds for suppressing the evidence found as a result. Keith would not have challenged the stop otherwise, nor would the defendants in the leading cases ...

Hon. Richard S. Brown A police officer’s courtesy in permitting a drunken driving suspect to talk to an attorney who was present at the arrest does not implicitly suggest that the suspect has a right to counsel, the Wisconsin Court ...

The decision in this case is going to be very difficult to apply should facts similar to those in Goss occur, i.e., the officer permits a drunken driving suspect to call an attorney from the police station. As noted, when ...

Hon. Patience D. Roggensack Dane County’s legal community recently had an opportunity to pose questions to Wisconsin’s three state Su-preme Court candidates. Judges Edward R. Brunner, Paul B. Higginbotham and Patience D. Roggensack offered their thoughts on abortion rights, frivolous ...

"Because the interim assignments were temporary and not accompanied by higher pay, the person discriminated against may not have had a legal basis or a practical occasion to press a lawsuit. But the victim may discover later that he has ...

Although the court found that Grayson was not discriminated against, the court expressed significant suspicion of the means of promotion used by the City of Chicago that could be useful to plaintiffs in other cases. In addition to the quotation ...

"Margaret has been stalking these people for a decade and has ignored previous orders to cease and desist. She has expressed no remorse and exhibits no inclination to discontinue her dangerous fixation on the people she torments. Banishment from Walworth ...

Even though the court of appeals has previously upheld a banishment order in Nienhardt, the analysis in this case bears little resemblance to that case. Although the court stated, after discussing the decision in Nienhardt, "Thus, banishment is not a ...

Court must be able to justify restriction

Given the ubiquity of the Internet, and the growth of Internet-facilitated crime, it is noteworthy that this is the first Seventh Circuit case to consider the legality of a condition of supervised release barring Internet use without permission. Even more ...

Gov. James M. Brennan The State Bar of Wisconsin has decided to join an amicus brief supporting the University of Michigan Law School in a lawsuit challenging the school’s use of race as a factor in admissions. During its recent ...

The decision creates a narrow exception between the general rule that limits recovery of attorney’s fees to token amounts, and the usual exceptions that permit "reasonable attorney’s fees." Attorney fees are governed by Section 814.04, which provides in relevant part: ...

Contingency agreement precludes reasonable attorney fees award

"The law is best developed when you have that natural tension that is created when you have a healthy diversity of thought at the table. The best decisions are promulgated that way." Paul B. Higginbotham As Dane County Circuit Court ...

Lynn Laufenberg In the case of Landis v. Physicians Insurance Co., 2001 WI 86, the Wisconsin Supreme Court held that the phrase, "any applicable statute of limitation," as used by the legislature in the medical malpractice statutes, referred to statutes ...

The legislature’s lack of any distinction between the male and female breast in sec. 939.22(19), combined with the numerous instances in which the legislature did so distinguish in other statutes, provides strong support for the court’s ultimate conclusion that the ...

Hon. Daniel P. Anderson The touching of a boy’s chest, as well as a girl’s, is "sexual contact" within the meaning of sec. 948.02(2), because sec. 939.22(19) does not distinguish between the two in defining "intimate parts," the Wisconsin Court ...

Last week, the Wisconsin Law Journal presented the first of a two-part series looking at the billing issues which lawyers face. WLJ brought representatives of six law practices together to discuss the topic of billing during a roundtable discussion on ...

Given the plain language of the statute, as well as the legislative history, the court could not have reached any other decision than it did. Nevertheless, the court squandered a valuable opportunity to discuss the incongruence of sec. 81.17 with ...

"Since the jury found Keller liable, he is primarily liable and consequently, the City may not be held to pay the remaining amount of the jury award. Since Keller was dismissed from the action, no judgment can be rendered against ...

Last month, the Wisconsin Law Journal brought representatives of six law practices together to discuss the topic of billing issues. The panelists ranged from solo practitioners to the managing partner of a firm with more than 175 attorneys. Editor Tony ...

The Seventh Circuit has long suggested in dicta that exclusion of evidence is not required for violations of the knock-and-announce rule, but until now, it has been merely that — dicta. In U.S. v. Espinoza, 256 F.3d 718 (7th Cir. ...

Hon. Richard A. Posner The Seventh Circuit on Dec. 31 held that the exclusionary rule does not require suppression of evidence seized after the police violated the knock-and-announce rule. Two unidentified informants reported to police in Indiana that drugs were ...

The decision has implications that are both very broad, and very narrow. The legal rules enunciated are arguably broad, because they apply not just to the exemption for logging equipment, but to all exemptions in sec. 70.111. For any taxpayer ...

The month-long holiday season is over, your checkbook is feeling a bit tight, but you think it’s time to upgrade the technology at your law practice. Sheryn Bruehl and David Grove have several suggestions that attorneys should keep in mind ...