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Home Improvement Case Analysis

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 ...

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New MU Law School dean comes from within

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 ...

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Double Recovery Case Analysis

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 ...

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Suppression not remedy for arrest

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, ...

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Suppression Case Analysis

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 ...

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Implied Consent Case Analysis

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 ...

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Candidates discuss issues at DCBA luncheon

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 ...

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Promoting Case Analysis

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 ...

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Courts can banish stalker from county limits

"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 ...

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Banishment Case Analysis

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 ...

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Internet Case Analysis

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 ...

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State Bar plans to join amicus brief

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 ...

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Attorney Fees Case Analysis

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: ...

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Intimate Parts Case Analysis

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 ...

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'Intimate parts' include male chest

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 ...

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Roundtable Discussion Part 2

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 ...

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Secondary Liability Case Analysis

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 ...

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City cannot be held liable

"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 ...

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Roundtable Discussion Part 1

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 ...

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Knock and Announce Case Analysis

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. ...

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Suppression not remedy when rule violated

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 ...

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Logging Case Analysis

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 ...

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Save time, money with tech buys

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 ...

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