Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

What the court held Case: Hobley v. Burge, No. 05-1367 Issue: Can a law firm be sanctioned for not producing documents, when the firm is not a party to the proceedings, and was never subpoenaed or ordered to produce them? ...

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 ...

The Seventh Circuit held on Jan. 6 that, where an officer could have impounded and searched a vehicle, it was not coercive to obtain consent to search it by threatening to do so. Two police officers in Illinois, Charles Novy ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

What the court held Case: U.S. v. Roland C. Sperberg, No. 04-4135. Issue: Is a Wisconsin felony drunk driving conviction a violent felony under the Armed Career Criminal Act? Holding: Yes. Drunk driving presents a serious potential risk of physical ...

“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 ...

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 ...

What the court held Case: Marotz v. Hallman, Case No. 2005AP1579 Issue: Where an insured is injured as a result of negligence by two tortfeasors, one underinsured and the other not, can the insurer reduce its underinsured motorist liability by ...

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 ...

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. ...

Let the Christmas . . . um . . . holiday party begin

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 ...

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 ...

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 ...

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 ...

What the court held Case: In re: Sidebottom, No. 04-3621. Issue: Can a debtor file a Chapter 13 petition while a Chapter 7 petition is still pending? Holding: No. The Chapter 13 proceeding must be dismissed on the grounds of ...

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 ...

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 ...

Seventh Circuit: Milwaukee County’s labor peace ordinance pre-empted

As more and more people turn to the Internet to find their soul mate, lawyers believe online dating sites could become breeding grounds for negligence claims. A pair of recent New York cases has drawn attention to the potential for ...

With a major move only one month away, workers finish final touches on the new Dane County Courthouse. Court operations are scheduled to begin the week of Jan. 9. In one month, the Dane County Circuit Court will move from ...

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 ...