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Repudiation Case Analysis

In the wake of the decision, municipal employers would be well-advised not to refuse to submit grievances up the chain as a tactic in the "give and take of day to day labor relations." In this case, the only sanction ...

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Keep distribution house in order

“If you don’t have a written contract for your distribution channel, you still have a contract — you just don’t know what it is. Having some form of written contract is imperative.” Jon P. Christiansen Foley & Lardner Two key ...

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Settlement Analysis

The decision in this case will result in systematic extortion of inflated settlements in fee shifting cases. That is not a criticism of the decision, however, for a contrary holding would result in deflated settlements, just as systematically. The problem ...

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Sentence Case Analysis

The question raised by the decision is whether it should be interpreted as a broad holding that the sentences of cooperating witnesses are never relevant, and defendants can be prohibited from questioning such witnesses about them in all cases. Here, ...

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Court denies citation request

The Wisconsin Supreme Court finally decided that it will not allow the citation of unpublished decisions as persuasive authority, at the Court’s administrative conference last Wednesday. The court has been considering the proposal since last fall, and had previously voted ...

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$3.5 million in punitives not excessive

“The grievousness or reprehensibility of Tower’s conduct is clear from the record. Tower engaged in prohibited conduct while knowing or recklessly disregarding the lack of a reasonable basis for denying the claim. This court told Tower more than 30 years ...

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Punitive Damages Case Analysis

The decision raises at least two important questions in future cases: (1) can bad faith be found on summary judgment for all intentional torts, or just those alleging bad faith by an insurer; and (2) how can this decision be ...

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Voluntariness Analysis

Effectively, the decision removes any stigma from the term, “coercion.” Previous decisions used the terms “coercive” and “improper” interchangeably, and with negative connotations. In this case, the court has distinguished between the two, and held that conduct that is “coercive” ...

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State Bar, courts celebrate past, future

“Judicial independence remains the cornerstone of our democracy and our judiciary.” Hon. Shirley S. Abrahamson Chief Justice Wisconsin Supreme Court “You say it’s your birthday? Well it’s my birthday too, yeah.” That famous refrain from the Beatles could’ve been the ...

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Asset purchaser does not assume unknown liabilities

“Even if the contract might be considered ambiguous regarding the liabilities assumed by Wisconsin Gas, the more reasonable, fair and just construction, which conforms with established business practices, is that Wisconsin Gas only assumed certain known liabilities.” Justice William A. ...

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Asset Purchase Case Analysis

The decision is important for reversing a decision which, in the words of Judge Patience Roggensack, dissenting from the court of appeals’ decision, “create[d] uncertainty in commercial transactions throughout Wisconsin where asset purchase agreements have been common occurrences.” Ultimately, the ...

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English Case Analysis

A question raised by the case is what constitutes harmless error, and whether, as the dissent suggests, the majority opinion implicitly makes error grounds for reversal per se. The comments by both the concurrence and dissent — that the majority ...

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Board resolution seeks EEOC hearings

Be it resolved that the Individual Rights and Responsibilities Section of the Wisconsin Bar requests that the Board of Governors: 1) Communicate with EEOC officials and members of the Wisconsin Congres-sional delegation urging that prior to any restructuring there be ...

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Condemnation Case Analysis

It was obvious when the Supreme Court issued its decision in DNR v. Waukesha that it would be impossible for parties in numerous types of actions with statutes of limitation less than 120 days to both file a notice of ...

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Issue Preclusion Case Analysis

Unfortunately, in the wake of this decision, motorists who are involved in automobile accidents and receive municipal citations will be wise to plead no contest rather than fight the citation, regardless of how much they feel they may be in ...

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DNA profile sufficient for complaint, warrant

“For purposes of identifying ‘a particular person’ as the defendant, a DNA profile is arguably the most discrete, exclusive means of personal identification possible.” Judge Ted E. Wedemeyer Wisconsin Court of Appeals A criminal prosecution is properly and timely commenced ...

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DNA Profile Case Analysis

Although, for new sexual assaults, sec. 939.74(2d)(b) makes it unnecessary to swear out John Doe warrants and file complaints prior to expiration of the statute of limitations, it is still wise to do so for older ones. Section 939.74(2d)(b) took ...

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Court can review John Doe judge

The court of appeals has jurisdiction to issue a supervisory writ to a John Doe judge, the Wisconsin Supreme Court held on May 1. The court further held that a John Doe judge has the authority to disqualify counsel for ...

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John Doe Case Analysis

It is axiomatic to say that a John Doe judge is not authorized to exercise all the powers of a court. In the wake of this decision, however, the question of what powers it can exercise is now more uncertain ...

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Roundtable Discussion

Oral Arguments Last week, the Wisconsin Law Journal presented the first of a two-part series looking at the elements of preparing and presenting oral arguments. WLJ brought together two appellate judges and four appellate attorneys to discuss the topic of ...

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School Staff Case Analysis

It is reasonable to think that, even if the court had found the statute ambiguous, it would have affirmed the conviction of Kaster. As the court noted, regardless of when his formal duties as coach may terminate, the contract plainly ...

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Courts can sanction unauthorized practice

An organization that sent brochures to defendants that offered paralegal services, and were designed to undermine their confidence in their attorneys, constituted the unauthorized practice of law, the Seventh Circuit held on April 24. However, the court held that, absent ...

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