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Default no bar to contribution claim

Hon. Ralph Adam Fine A default judgment does not preclude the defendant from seeking contribution from other defendants, the Wisconsin Court of Appeals held on Dec. 28. SIVA Truck Leasing leased a van to Milwaukee Careers Cooperative (MCC) for use ...

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Diversity Case Analysis

The decision suffers from several defects: poor math, misrepresentation of Seventh Circuit precedent, and ignorance of Wisconsin law. First, the court states that, in order to meet the jurisdictional requirement, the jury’s punitive damage award would have to be "more ...

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Junk Fax Case Analysis

Technically, the decision has no bearing on any case in Wisconsin, as it is nominally an application of Illinois insurance law. Nevertheless, the decision cannot be ignored by any attorney facing this issue. The court even wrote, "Readers doubtless will ...

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FDCPA Case Analysis

That the majority opinion is erroneous is amply demonstrated by the dissent of Judge Evans, and further elaboration is unnecessary. Nevertheless, the decision of the en banc majority represents a vast improvement upon the original decision of the majority in ...

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Frivolousness Case Analysis

The court based its decision solely on the language of Rule 809.25(3), without addressing the merits of Solner’s argument that requiring an entire appeal to be frivolous, before sanctions will be imposed, leads to absurd results. Regardless of the statutory ...

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Severance damages denied for partial taking

“[The purpose of the alternative means of calculating loss] does not appear to be to provide an alternative means of damage determination for condemnees to bolster awards beyond the levels that had been determined under the traditional ‘before and after’ ...

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Partial Taking Case Analysis

The court may have reached the correct result in this case, but its reasoning is flawed in some respects. First, the court finds that the statute is unambiguous based on the absence of a comma between the phrase "assuming the ...

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How do you practice law?

E. John Buzza It’s 4:50 on Friday afternoon when your fax machine churns out three motions from the opposition on the Jones bankruptcy file, all noticed for expedited hearing next week. You turn to your legal assistant with that familiar ...

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Decline of the civil jury trial

“We are pretending to do business as usual. … I don’t think it is business as usual.” Hon. Ann Walsh Bradley The percentage of civil cases, which end in a jury trial, has dropped significantly in recent years. A Wisconsin ...

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OMVWI Case Analysis

The court’s discussion of why Matke should properly be sentenced as a six-time offender, rather than a four-time offender is well-reasoned, and its disavowal of paragraph 8 in State v. Skibinski, 2001 WI App 109, 244 Wis.2d 229, 629 N.W.2d ...

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Reducing Clause Case Analysis

There is merit in both the majority opinion and the dissent. As the dissent notes, the statements from Dowhower v. West Bend Mut. Ins. Co., 2000 WI 73, 236 Wis.2d 113, 613 N.W.2d 557, and Badger Mut. Ins. Co v. ...

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Informed Consent Case Analysis

The decision in this case is ineligible for publication, but it bears careful attention. Even though the court concluded that Lochemes’ argument must be addressed to the legislature, rather than the courts, there is an excellent argument to be made ...

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Debt obligations can be maintenance

U.S. Bankruptcy Judge Robert D. Martin held on Sept. 29 that, where a marital settlement agreement classified marital debts as being part of the financial support settlement, rather than the property settlement, the debts are not dischargeable in bankruptcy. Mark ...

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Maintenance Case Analysis

A question raised by the decision is whether parties getting divorced can ensure that the debts will be nondischargeable in bankruptcy if they merely parrot the exact language used in the case at bar. An interpretation that they can would ...

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Remand of securities case upheld

The Seventh Circuit Court of Appeals held on Dec. 2 that although it can review a trial judge’s authority to remand a case to state court, it will not review the lower court’s reasoning. Between 1998 and 2001, the telecommunications ...

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Remand Case Analysis

It is important to note that the effect of the court’s decision is only that it will not reverse a district court’s decision on whether to remand a claim under the Securities Act of 1933, pursuant to 28 U.S.C. 1452(a). ...

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