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

The decision creates a chasm between state law under the WFEA and federal law under the Americans with Disabilities Act (ADA), but the size of the chasm is questionable. It is unlikely that Catlin could have survived summary judgment were ...

"At the onset of post-charge pretrial police interrogations, the accused must be made aware that the adversarial process has begun and that he or she can request the assistance of counsel at the onset of post-charge pretrial police interrogations." Judge ...

The decision in this case is indisputably correct, but to the extent that the decision suggests that a defendant can validly waive his Sixth Amend-ment right to counsel without being informed of the charges against him, based only on Miranda ...

Hon. Gregory A. Peterson In determining whether property is part of a "parcel" of land exempt from special assessments as "eligible farmland," all contiguous property of an owner should be considered as one, rather than looking to legal descriptions, the ...

The decision points out the need for an explicit adaptation of the factors to be considered pursuant to State v. Guzy, 139 Wis. 2d 663, 667, 407 N.W.2d 548 (1987), when determining the lawfulness of a stop and detention that ...

The vehicle was sufficiently similar to that described by the complainant. The fact that the car was within a few blocks of the scene of the domestic abuse incident was an additional relevant factor: it was reasonable to infer that ...

The decision points out the need for an explicit adaptation of the factors to be considered pursuant to State v. Guzy, 139 Wis. 2d 663, 667, 407 N.W.2d 548 (1987), when determining the lawfulness of a stop and detention that ...

Hon. Ralph Adam Fine When determining whether to admit a hearsay statement as a statement against interest, each declaration is to be viewed separately, the Wisconsin Court of Appeals held on Sept. 24. Conflicting Stories In September 2000, ninety-two-year-old Constance ...

The decision is the second by the court of appeals this year to apply the rule of Williamson that a court must determine the admissibility of each declaration separately to determine if it is a statement against interest. In July, ...

We fail to see how “fairness” would be served by shielding Susan from any post-divorce decline in plan value, while imposing the entire loss on Daniel. Judge David G. Deininger Wisconsin Court of Appeals Where a marital settlement agreement unambiguously ...

Given the recent bear market, especially in some sectors, there is obviously a lot of money riding on the interpretation of this case. Future marital settlement agreements should be carefully reviewed to ensure that they unambiguously allocate risk. The decision ...

Jeffery Robinson Silence, during opening statements, is not golden, according to a Seattle criminal defense attorney. Jeffery Robinson of Schroeter Gold-mark & Bender in Seattle has handled more than 200 trials during his time in practice. Robinson drew on his ...

On July 10, the Wisconsin Supreme Court ruled that an unambiguous clause in an insurance policy, which is specifically-approved by statute, can be rendered invalid if the remainder of that policy does not adequately explain the coverage in which the ...