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UIM Limits Case Analysis

The decision obviously places lower courts and attorneys in a difficult position, unable to settle any cases in which this issue is present, pending the Publications Committee’s decision whether to publish this and/or the Bailey opinion, and pending a decision ...

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GAL Fees Case Analysis

The effect of the decision is to increase the likelihood that attorneys appointed as guardian ad litems will get paid, at least some of their fees, and shifting part of the risk that the nonprevailing party will not make court-ordered ...

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Prevailing party entitled to GAL fees

What the court held Case: In re the Marriage of: Bernier v. Bernier, No. 2004AP625. Issue: In an enforcement action under sec. 767.242, is a successful petitioner entitled to reimbursement of his share of the GAL fees from the interfering ...

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Committee violated open meetings law

Questions have arisen about the Wisconsin Legislature’s approach to open meetings and open records laws following a circuit court judge’s decision earlier this month. A Dane County trial court judge called a couple of legislators on the carpet for holding ...

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Amendment Case Analysis

The court notes that the case has already produced “seemingly unending appellate proceedings.” Unfortunately, unless the Supreme Court again accepts review and again reverses the court of appeals, the case will result in precedent that is both inconsistent with the ...

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Plaintiff can add new claims after remand

What the court held Case: Tietsworth v. Harley-Davidson, Inc., No. 2004AP2655 Issue: Can a plaintiff amend his complaint to pursue contract remedies after the supreme court has held his tort claims were properly dismissed pursuant to the economic loss doctrine. ...

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Bankruptcy Case Analysis

In spite of the fact that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 no longer allows “Chapter 20” filings, this decision is of enormous importance. In fact, its importance is amplified because of the Act. A typical ...

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ICARA Case Analysis

The question the decision raises is whether a petition for return under ICARA should always be denied if the abducting parent makes a clear and convincing showing that the other parent has sexually abused or physically abused the child. A ...

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Return of child to abuser reversed

What the court held Case: Van De Sande v. Van De Sande, No. 05-2831. Issue: Under ICARA, did the district court properly order a child returned to the jurisdiction of its habitual residence, even though the abducting mother alleged that ...

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UIM Limits Case Analysis

The court’s conclusion — that amounts received from other tortfeasors who are not underinsured motorists cannot be used to reduce the UIM limits — is plainly contradictory to sec. 632.32(5)(i). This is apparent merely by posing the following hypothetical: all ...

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Anonymity Case Analysis

The decision, and the reaction to it, provide a warning to any attorney representing a client who wants to proceed anonymously. Within a day of the decision being released, it was being criticized in the blawgosphere, not for the decision ...

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Yellow Pages Case Analysis

An interesting question not entirely answered by the opinion is whether the result would be the same, regardless of where in the state the suit arose. Arguably, it could be limited to southeastern Wisconsin and other parts of the state ...

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Yellow pages damage clause enforceable

What the court held Case: Rainbow Country Rentals and Retail, Inc. v. Ameritech Publishing, Inc., No. 2004AP239 Issue: Is a stipulated damages clause in a yellow pages contract enforceable? Holding: Yes. The telephone company is no longer a state-sponsored monopoly, ...

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Read-ins Case Analysis

Although the court characterizes its decision as being required by prior precedent, it is actually a significant extension of prior court of appeals’ precedent, and conflicts with Supreme Court precedent that, at least arguably, requires that any read-in charges be ...

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Read-ins are only indirect consequence

What the court held Case: State v. Monica S. Lackershire, No. 05-1189-CR Issue: Can a defendant withdraw her guilty plea where there was no mention of read-in charges at the plea hearing, but the court considered read-ins at sentencing? Holding: ...

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Reasonable Case Analysis

On numerous occasions, the court has affirmed sentences within the prescribed guideline range, despite little or even no discussion by the district court of any factors other than those that resulted in that guideline range. U.S. v. Dean, 414 F.3d ...

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Court must address mitigating factors

What the court held Case: U.S. v. Cunningham, No. 05-1774 Issue: When a court imposes a sentence within the guidelines, is a statement by the court that it has considered the U.S.S.G. 3553(a) factors sufficient? Holding: No. When the defendant ...

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Legislature passes medical malpractice cap

“The justice system works and the Legislature should allow that process to work and allow juries to determine those damages.” David M. Skoglind Aiken & Scoptur The Wisconsin Senate passed a bill last week that would reestablish medical malpractice caps ...

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