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Damage Cap Case Analysis

The two most significant questions raised by the decision are whether any damage cap can survive constitutional scrutiny, and whether other provisions of Chapter 655 governing medical malpractice can. The majority opinion and the concurrence repeatedly claim that the decision ...

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Med mal damage cap violates constitution

The Wisconsin Supreme Court on July 14 held the state’s cap on noneconomic damages in medical malpractice actions unconstitutional. Matthew Ferdon was born partially paralyzed and has a deformed right arm. At trial for medical malpractice, the jury awarded $700,000 ...

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Jurisdiction Case Analysis

The decision restores important procedural safeguards that were jettisoned when the court of appeals held that nothing more is necessary for personal jurisdiction to attach than that a delinquency petition be filed. The court of appeals had quoted as support ...

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Med mal damage cap violates constitution

The Wisconsin Supreme Court on July 14 held the state’s cap on noneconomic damages in medical malpractice actions unconstitutional. Matthew Ferdon was born partially paralyzed and has a deformed right arm. At trial for medical malpractice, the jury awarded $700,000 ...

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Recording Case Analysis

The biggest question raised by the decision is when, not if, interrogations of adults will be required to be electronically recorded, as well as those of juveniles. Although the court cited some studies suggesting that juveniles are more susceptible to ...

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Juvenile interrogations must be recorded

The Wisconsin Supreme Court on July 7 adopted a rule requiring police to electronically record all juvenile interrogations. In doing so, the court reversed a published decision of the court of appeals, In the Interest of Jerrell C.J., 2004 WI ...

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Ten Commandments cases split

The U.S. Supreme Court issued its long-awaited decisions on the Ten Commandments on June 27, holding that a monument that had stood in a public square for decades was constitutional, but holding that the Establishment Clause was violated by a ...

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Claim Preclusion Case Analysis

The dissent’s concerns about the majority opinion seem to overstate the consequences in several ways. First, it must be noted the majority and dissent did not agree on the facts. The dissent asserts that Menard was continuing to return merchandise ...

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Defect is compulsory counterclaim

“Menard’s suit is merely an attempt to collaterally attack the original judgment by raising defenses and counterclaims to Liteway’s original suit and avoid the circuit court’s determination that the failure to raise these claims in a timely fashion did not ...

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10 Commandments Case Analysis

The decision completely changes the law in the Seventh Circuit, where longstanding monuments have been held unconstitutional, and recent public displays upheld. The governing law in the circuit comes from long-running litigation involving Elkhart County, Indiana. As in Texas, the ...

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Frivolous Appeals Case Analysis

The decision in this case promised more than was delivered, for the court could have done much more than merely direct that the court of appeals give an attorney the opportunity to respond before finding an appeal frivolous. For example, ...

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Competency Case Analysis

Although none of the four opinions in these cases refers to Chief Justice Abrahamson’s concurrence in Village of Trempeleau v. Mikrut, 2004 WI 79, 273 Wis.2d 76, 681 N.W.2d 190, attorneys should be well aware of it, for it is ...

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Economic Loss Case Analysis

The court would seem to be indisputably correct — that the economic loss doctrine would be found applicable to an asset purchase agreement, if the Wisconsin Supreme Court were to consider the issue. The best support for that conclusion, however, ...

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Estoppel Case Analysis

The decision is a welcome one, at least compared to that of the court of appeals. By concluding that estoppel could not lie because the County relied on its counsel’s advice rather than the actions of the Village, that decision ...

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Confrontation Clause Case Analysis

While Manuel may have lost this case, the decision is good for defendants generally. “For now,” at least, the court has adopted the broadest possible definition of a “testimonial” statement — “statements that were made under circumstances which would lead ...

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Statement to girlfriend not testimonial

A hearsay statement by a witness to his girlfriend is not “testimonial,” and thus, its admission into evidence does not violate the Confrontation Clause, the Wisconsin Supreme Court held on June 10. Antwan B. Manuel shot Prentiss Adams in the ...

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Malpractice Case Analysis

The court’s discussion of issue preclusion is indisputably correct, and should be equally applicable, even if a case goes to trial, rather than being resolved by a guilty plea. Ultimately, even if a client is guilty of fraud, that does ...

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Disability Case Analysis

Although the decision affirms the court of appeals, it nevertheless changes the relevant law, because the court of appeals declined to consider whether death effects cessation of disability. Walberg v. St. Francis Home, Inc., 2004 WI App 120, 274 Wis.2d ...

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