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Consent Case Analysis

Although the officers’ conduct in this case appears to be sound police work under the circumstances known to them at the time, and the reasoning appears to be common sense, the decision may pave the way for abusive police conduct ...

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Dane County residents have day in court

Chief Judge Michael Nowakowski thanked all the people involved with making the project a success. Court visitors will be able to use a touch screen computer in the lobby to determine where they are supposed to be. Judge Sarah O’Brien ...

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Guidelines Case Analysis

This opinion is probably the most thorough, post-Booker, to consider the various issues concerning discretionary departures. Previous decisions, cited by the court for support, address narrow issues only. The decision thus makes a good blueprint for any attorney working on ...

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Amendment does not affect reasonableness

What the court held Case: U.S. v. Vaughn, No. 05-1518. Issue: Is a defendant’s sentence unreasonable where it is based on an amendment to the guidelines, and most of the defendant’s conduct occurred before the amendment? Holding: No. The amended ...

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Arbitration Case Analysis

Even though the court held the provision in question valid under Wisconsin law, attorneys would be wise to avoid using similar provisions in the future. Although it is clear that such disputes must be submitted to an accountant, numerous questions ...

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Agreement to arbitrate upheld

What the court held Case: Omni Tech Corp. v. MPC Solutions Sales, LLC, No. 04-4340. Issue: Where a purchase agreement provided that disputes were to be submitted to an accounting firm, "acting as experts and not as arbitrators," but also ...

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Limitations Case Analysis

The majority states that its holding is limited by the defense of laches, but it is difficult to see how. The law governing the elements is as follows: “For laches to arise, there must be unreasonable delay, lack of knowledge ...

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Court finds no statute of limitations

What the court held Case: Oaferman v. St. Clare Healthcare Foundation, Inc., No. 2003AP1307. Issue: What is the statute of limitations to apply to a medical malpractice action brought on behalf of a developmentally disabled child? Holding: The Legislature has ...

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Supreme Court hears patent tying case

The U.S. Supreme Court recently heard oral arguments in a printer toner case that has broad ramifications for both antitrust and intellectual property law. Illinois Tool Works, a producer of inkjet printheads and inks, holds several patents covering printhead technology. ...

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ACCA Case Analysis

Although the court decided to reaffirm its holding in U.S. v. Rutherford, 54 F.3d 370 (7th Cir. 1995), that drunk driving is a “violent felony,” within the meaning of 18 U.S.C. 924(e)(2)(B)(ii) and U.S.S.G. 4B1.2(a)(2), defense attorneys should, at a ...

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Law firm R/X

“Do you treat your colleagues as well as you treat your clients? If not, there’s a problem.” F.A. “Tony” Brewster The business plan is simple: Each lawyer will bill “x” amount of hours at a certain rate every year, to ...

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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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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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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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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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