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Section 103.43 Case Analysis

Given the weakness of the case for misrepresentation, the case may not be the best candidate for review in the Supreme Court. However, whether sec 103.43 can remain limited to manual laborers, as the court held, without violating the Equal ...

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Arbitrators can award punitive damages

“The majority’s result is unnecessary, and unfortunate for Wisconsin farmers and others who sell commodities to organizations capable of litigating until the cows come home.” Hon. Charles P. Dykman In dissent An arbitrator can award attorney fees and punitive damages, ...

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Moving forward with Booker

Lawyers representing clients in federal criminal cases need to be looking at factors beyond those listed in the federal guidelines when addressing the court about sentencing. That’s one of the important lessons following the U.S. Supreme Court’s recent sentencing-related decisions. ...

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Pool's exculpatory clause held invalid

“It would be unrealistic to require that an employee be authorized to ‘bargain’ about the terms of a release of liability, and it would be unrealistic that an owner always be present at the facility.” Hon. Patience D. Roggensack, Concurring ...

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Exculpatory Case Analysis

In the wake of this decision, all exculpatory clauses in use should be reviewed. However, it is not clear whether it is even possible to draft an enforceable clause after this decision. Two of the deficiencies of the clause in ...

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Service Case Analysis

The decision remands the case to the circuit court to determine whether actual authority was granted to Levy by Mansfield, but the attorneys will likely find little guidance as to what constitutes actual authority. While the court found no shortage ...

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Lying-In Costs Case Analysis

In the aftermath of this decision, Wisconsin courts should expect a deluge of motions for modification of paternity orders by fathers ordered to pay mothers’ lying-in expenses. For decades, orders such as the one in the case at bar have ...

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Guidelines Case Analysis

Despite (or perhaps because of) the fact that the case resulted in two separate lead opinions, and four dissents, the case leaves much uncertainty. On the issue of retroactivity, the court states that courts should consider whether the issue was ...

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De novo preliminary hearings not allowed

“Because Wis. Stat. Sec. 970.04 lays out the only scenario in which the legislature has recognized a statutory right to a second preliminary examination on the same charge, we reject Gillespie’s contention that the circuit court erred in denying his ...

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De Novo Review Case Analysis

The decision that a defendant can only obtain a review of a preliminary hearing on the record certainly comports with what everyone has always assumed was the law, or at least since State ex rel. Dowe v. Circuit Court for ...

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Guilt no bar to contract claim

What the court held Case: Winniczek v. Nagelberg, No. 04-2106. Issue: Does the "actual innocence" rule preclude an action by a guilty criminal defendant against his attorney for breach of contract? Holding: No. The rule only bars actions for legal ...

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Actual Innocence Case Analysis

Technically, this case is an application of Illinois state law, and has no direct bearing in Wisconsin. Nevertheless, as both states have the actual innocence rule, criminal defense attorneys and their insurers should be aware of it. Wisconsin expressly adopted ...

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Bradley will not face re-election competition

Hon. Ann Walsh Bradley All three appellate seats up for election this April will remain in the incumbents’ hands absent significant write-in campaigns. Following last week’s deadline for filing nomination papers, Justice Ann Walsh Bradley and judges Gregory A. Peterson ...

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Contribution Case Analysis

Parties adversely affected by the decision in this case should nevertheless preserve objections for potential review in the Supreme Court. Although the decision may not contradict any binding case law, neither does any precedent require the holding, and the holding ...

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Default no bar to contribution claim

Hon. Ralph Adam Fine A default judgment does not preclude the defendant from seeking contribution from other defendants, the Wisconsin Court of Appeals held on Dec. 28. SIVA Truck Leasing leased a van to Milwaukee Careers Cooperative (MCC) for use ...

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Diversity Case Analysis

The decision suffers from several defects: poor math, misrepresentation of Seventh Circuit precedent, and ignorance of Wisconsin law. First, the court states that, in order to meet the jurisdictional requirement, the jury’s punitive damage award would have to be "more ...

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Extensions Case Analysis

From the standpoint of efficiency, the court’s holding is clearly preferable to the alternative, and the attendant procedural complications noted by the court. Allowing a simple extension also avoids the situation in the Seventh Circuit case, Betts v. Litscher, 241 ...

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Junk Fax Case Analysis

Technically, the decision has no bearing on any case in Wisconsin, as it is nominally an application of Illinois insurance law. Nevertheless, the decision cannot be ignored by any attorney facing this issue. The court even wrote, "Readers doubtless will ...

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FDCPA Case Analysis

That the majority opinion is erroneous is amply demonstrated by the dissent of Judge Evans, and further elaboration is unnecessary. Nevertheless, the decision of the en banc majority represents a vast improvement upon the original decision of the majority in ...

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