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Computers Case Analysis

The court acknowledges at one point that it cannot “stretch[] the statute too far (especially since it provides criminal as well as civil sanctions for its violation).” The statute provides for imprisonment of up to 10 years (20 for repeat ...

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Court system reviews caseload data

Like most goals worth pursuing, this one is requiring a group of mostly judges to roll up their sleeves and get to work. The goal is to obtain additional judicial officers for Wisconsin. The work is collecting and analyzing data ...

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The five biggest marketing mistakes

Each year, law firms start out with the best of marketing intentions. But too often, they’re tripped up by common mistakes. Whether it’s wasting money on the wrong marketing events or hamstringing their in-house marketing professionals, the best and brightest ...

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Appeal Case Analysis

Defense attorneys need to be aware of this case, lest what seems like a reasonable solution — alternative orders depending on the result of a pending appellate decision in another case — become a trap for the unwary. Many Wisconsin ...

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Discrimination Case Analysis

Although the Seventh Circuit has used the same now-verboten language employed by the Eleventh Circuit in the case at bar, it does not appear that the decision actually changes the substantive law in the Seventh Circuit. In Millbrook v. IBP, ...

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Frivolous lawsuit bill moves forward

A bill designed to toughen the civil justice system’s treatment of frivolous lawsuits is winding through the Wisconsin Legislature and may very well end up on Gov. Jim Doyle’s desk in just a few weeks. While some characterize the bill ...

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OWI Case Analysis

An important question the decision leaves unanswered is whether a defendant could be convicted of operating while intoxicated if, although he never drives the vehicle or starts the engine, he does place the key into the ignition. In an unpublished ...

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Discussion of med mal caps intensifies

Legislator prepares cap bill A state legislator is getting ready to introduce legislation that would reestablish caps for noneconomic damages in medical malpractice cases. The governor vetoed an earlier attempt to put caps back in place after the Supreme Court ...

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Escrow Case Analysis

Although one would hope that facts such as these never repeat themselves, and the case will never be cited as directly applicable precedent; nevertheless, the case is valuable as the first published Wisconsin case discussing the duties of escrow agents ...

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Escrow agent lacks duty

What the court held Case: Black v. Metro Title, Inc., No. 2005AP1423. Issue: Does an escrow agent owe a duty to an incidental beneficiary? Holdings: No. An escrow agent is an agent and fiduciary of only the parties to the ...

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Court launches site with appeal

Attorneys can use the court system’s Wisconsin Supreme Court and Court of Appeals Access (WSCCA) Web site to track appellate cases as they move through the system. Visit the Web site. The Wisconsin court system has just made it easier ...

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Disparity Case Analysis

It is important to note that, although a district court’s refusal to impose a sentence below the guidelines because of disparity between co-defendants is not grounds for reversal on appeal, it is possible that defendants can still contend in the ...

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Sentence does not indicate disparity

What the court held Case: U.S. v. Boscarino, No. 05-2657 Issue: Is disparity between co-defendants’ sentences grounds for finding the sentence unreasonable, where the disparity resulted from one defendant’s cooperation with the government? Holdings: No. A sentence within a properly ...

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Other Insurance Case Analysis

Although the court affirmed the court of appeals decision, the remedy the court adopted does not sweep as broadly. The court of appeals held that, because Progressive’s other insurance clause fails to provide uniform coverage to named insureds and occupants, ...

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China Practice

As China continues to enter the world market, more Wisconsin companies are looking at business ventures there. Those business activities mean opportunities for the law firms representing state manufacturers and entrepreneurs. Many middle-market manufacturers are being drawn toward China as ...

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Identification Case Analysis

The decision fails to provide much guidance, either for cases pending now in which the defendant seeks to present expert testimony, or for older cases in which decisions not to admit evidence attacking eyewitness identifications are being reviewed. The court ...

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Court denies new trial in ID case

What the court held Case: State v. Shomberg, No. 2004AP630-CR. Issue: Was it an abuse of discretion, in 2002, for the trial court to refuse to allow a defendant to present expert testimony that eyewitness identifications re unreliable? Did the ...

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Sanctions Case Analysis

The court’s decision — that sanctions can only be imposed under 28 U.S.C. 1927 based on an attorney’s conduct during litigation — is the correct one, for the reasons given by the court. Without “proceedings” and a “case” pending, there ...

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