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Substitution Case Analysis

Needless to say, the guidance provided by the court will be far from clear to future parties when an opposing party dies. Very few cases will involve an intrafamily dispute in which it is abundantly clear that the party knows ...

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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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Top Defense Verdict for 2002

It’s a recipe for a rigorous case. A likeable plaintiff, is severely brain-injured, leaving his spouse emotionally and financially devastated; the incident at issue is a medical rarity; and the health care providers are honest, dedicated professionals. That’s the scenario ...

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Court addresses ethics, fee arbitration

Donald J. Christl Revisions to the rules of professional responsibility and fee arbitration were considered by the Wisconsin Supreme Court at its administrative conference on Dec. 18, with the court issuing a broad mission statement to the ethics commission, and ...

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Concession Case Analysis

The decision highlights the difference in the treatment of attorney concessions of guilt in the federal and state courts. Had Holman been charged in Wisconsin state courts, his attorney’s concession in the absence of consent would have required reversal per ...

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Court considers insurance coverage

“The timing of these events is significant as upon completion of the medical studies, the coverage under the conditional insurance agreement would have come into effect subject only to the condition of insurability.” Paul J. Pytlik, Hills Legal Group Ltd. ...

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Arbitration Case Analysis

The decision overturns the applicable law to the contrary in the Seventh Circuit, most recently applied in J.E. Liss & Co. v. Levin, 201 F.3d 848 (7th Cir. 2000). As a consequence of that, issues previously decided by the Seventh ...

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Court considers emotional distress

The Wisconsin Supreme Court is considering whether a claim for negligent infliction of emotional distress can be brought in a medical malpractice case. The court has allowed parents to seek compensation for the negligent infliction of emotion distress in accident ...

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Of Jerry Maguire and mission statements

Thomas R. Streifender Everyone scoffs at Jerry Maguire when he unveils his grand mission statement. In the lesser-known Office Space, the movie’s twenty-something hero leads a revolt against his bosses, in part because they are constantly "cramming mission statements down ...

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Privilege Case Analysis

The initial reaction to the decision is that, whenever a married man is charged with a sex crime, he cannot invoke the spousal privilege to prevent his wife from testifying. The court’s repeated references to "sexual relations," and "sex crimes," ...

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Standards adopted for amending pleadings

Hon. Margaret J. Vergeront Under Section 802.09(1), a court may permit amendment of the pleadings, even after summary judgment has been granted to the opposing party, the Wisconsin Court of Appeals held on Dec. 5. However, the court held that ...

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Amendment Case Analysis

The decision is highly suspect because it is premised upon an unfounded assumption — that there is a different standard for a plaintiff’s motion to amend pleadings after summary judgment for the defendant than after judgment upon a verdict. The ...

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Supreme Court hears bad faith case

The state Supreme Court is considering whether it is appropriate to preserve $3.5 million in punitive damages on a case that the District II Court of Appeals has remanded to the circuit court for a trial on bad faith. Although ...

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Lease Case Analysis

An interesting question could arise on remand if it is ultimately determined that the Goldammers breached the lease — whether they waived any objections to the unlawful attorney’s fees provision. A number of statements by the court suggest that, by ...

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Immunity Case Analysis

Should the decision in this case receive further review in the Wisconsin Supreme Court, that portion of the decision abrogating Mary Anne’s immunity is all but certain to be reversed. The court of appeals in this case set forth section ...

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Plea Agreement Case Analysis

Given the importance of this issue, it should be expected that the State will seek review in the Wisconsin Supreme Court, and that review will be granted. In the meantime, a flood of motions from prisoners affected by this decision ...

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Self-Incrimination Case Analysis

The decision leaves open a number of questions for future cases, concerning both the Fifth Amendment and waiver issues. In a footnote, the court stated, "The parties and the amicus disagree about whether immunity should extend to admissions made during ...

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Appeals court defines 'in the care of'

Hon. Michael W. Hoover The Wisconsin Court of Appeals on Nov. 19 adopted an eight-factor test for determining when a person is "in the care of" an insured, under a homeowner’s policy. No Smoking Virginia Kriegel owned a home insured ...

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Care Case Analysis

This is a decision that will apply not only when a plaintiff is asserting that a negligent party was in the care of another, but also when a defendant asserts that an injured party was in his or her care. ...

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