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Author: Supreme Court will be an issue in presidential race

The U.S. Supreme Court is going to become a more visible issue in the 2008 presidential election.This was the prediction of journalist/lawyer/author Jeffrey Toobin, who spoke at the State Bar of Wisconsin annual convention earlier this month in Madison.Toobin, a staff writer at The New Yorker and senior legal analyst for CNN, discussed his new ... Subscribe Login Digital and ...

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Farmer can bring tort case, but not UCC claim

In an unusual twist, a dairy farmer may pursue tort remedies against the seller of diseased cattle, but not contract remedies.The Wisconsin Court of Appeals held on May 20 that the farmer’s failure to timely notify the seller of the breach foreclosed his remedies under the Uniform Commercial Code (UCC), but not his misrepresentation claims.In ... Subscribe Login Digital and ...

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South Dakota fought off attack on judiciary

When the judiciary comes under attack, it is important to convince the business community that they have the strongest interest in a stable court system.That was the lesson that Thomas Barnett, executive director of the State Bar of South Dakota, conveyed to the Wisconsin State Bar at its annual convention on May 9.Although the judiciary ... Subscribe Login Digital and ...

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Legal service groups could see IOLTA grants decline

Legal service providers anticipate the benefits of new state money, but they are keeping an eye on an older revenue source that could shrink.As organizations anxiously await their share of a $1 million state budget provision, agency officials are also bracing for the impact that declining interest rates may have on grant money.Specifically, the amount ... Subscribe Login Digital and ...

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Pay for Chapter 7 trustees has not changed since ‘95

A bankruptcy trustee pulls up to a drive-through window at a local fast food restaurant.While someone could assume the trustee and restaurant employee might share a mutual affection for french fries, few would expect the two earn similar wages.But in some instances, the compensation a bankruptcy trustee working on a complex Chapter 7 case receives ... Subscribe Login Digital and ...

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Attorney time is ‘actual outlay’ of cost

Working on a contingency fee basis is no bar to collecting attorney fees if the defendant unreasonably removes the case to federal court.Of course, that doesn’t resolve how to calculate reasonable hourly fees for an attorney who works exclusively on a contingency basis.In 2007, Brad Simenz filed a putative class action in Milwaukee County Circuit ... Subscribe Login Digital and ...

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Attorney is revved up about her company

Harley-Davidson has always been a part of Tonit M. Calaway’s life. She grew up on 18th and Vliet St., just minutes away from the iconic motorcycle company’s headquarters. So when Calaway, 39, got an offer “out of the blue” to join Harley’s legal department in 1998, she jumped on the opportunity faster than a rider ... Subscribe Login Digital and ...

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Reviewing original sentence transcript is optional

A court is not required to read the original sentencing transcript in every reconfinement after revocation of extended supervision.Instead, the court should be familiar with the case at issue, something that can be accomplished “in any number of ways.”The May 1 holding by the Wisconsin Supreme Court overrules Court of Appeals’ precedent, which required lower ... Subscribe Login Digital and ...

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Striving for Independence

Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 Print, digital and mobile1 Year$329 Digital and Mobile only1 MonthIntro Rate$34----------1 Year$289 Digital and Mobile only1 MonthIntro Rate$34----------1 Year$289----------Print, digital and mobile1 Year$329 Email Address: Password: Enter your user name and password in the fields above to gain access to the subscriber content on this site. ...

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Oneida Nation will not appeal Hobart eminent domain case

Damage control is one way to describe the reasoning behind the Oneida Nation of Wisconsin’s decision not to appeal a federal ruling which gave the village of Hobart eminent domain over a portion of land owned by the tribe.In 2006, the tribe filed suit in federal court to prevent the village from proceeding with a ... Subscribe Login Digital and ...

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Investor does not have to show reliance on misstatements

After an entrepreneur’s promises of a commuter airline failed to take wing, an angry investor does not need to prove that he relied on those misstatements in order to bring a lawsuit under Wisconsin’s securities fraud statute.The state’s appellate court also found that causation is presumed. Thus, a plaintiff needs only to show that the ... Subscribe Login Digital and ...

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Campaign committee discussion sparks exchange

At the May 7 Board of Governors meeting, President Thomas J. Basting Sr. ad-dressed the impact of a recent initiative, the Judicial Campaign Integrity Committee.In the aftermath of another contentious Supreme Court race where less than 20 percent of voters turned out, Basting said the committee will focus on educating the public prior to next ... Subscribe Login Digital and ...

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Green laws are germinating

A couple of environmental lawyers have read the tea leaves and say that laws designed to promote conservation and curb climate change will be in place soon.For starters, states are taking action. Two states considered leaders are California and Washington, says Arthur J. Harrington, a partner with the Milwaukee headquarters of Godfrey & Kahn S.C., ... Subscribe Login Digital and ...

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Make some green promoting green practices

Lawyers can make some green by advising clients on how to go green. As the ties between conservation and economic interests become more apparent, businesses will find themselves incorporating environmental factors into their business plans. Lawyers will have to be able to help clients determine how best to integrate those factors.The Stern Review on the ... Subscribe Login Digital and ...

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Firms give environmental efforts the green light

The next time any of you Milwaukeeans are at the market, you might notice a fellow shopper sporting a re-useable canvas bag with Godfrey & Kahn S.C.’s logo.The firm distributed the bags at its recent, firm-wide Earth Day celebration at its Milwaukee headquarters. The firm also brought in a prominent local speaker known for his ... Subscribe Login Digital and ...

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Supreme Court will wait before considering UPL exemptions

Should a parent hoping to establish and manage a bank account for a child have to talk to an attorney first?The answer could be yes, according to Richard R. McGuigan, executive vice president of the Community Bankers of Wisconsin (CBW), depending on which version, if any, of a petition to define the unauthorized practice of ... Subscribe Login Digital and ...

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Justices adopt multijurisdiction petition

After wrestling with a petition to clarify multijurisdictional practice in Wisconsin for almost two years, the state Supreme Court pinned down amendments to the Chapter 20 rules on April 24.Specifically, the justices defined the circumstances that will not allow for a non-resident attorney to apply for temporary practice in the state. The court revised aspects ... Subscribe Login Digital and ...

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Danger to bystander is insufficient

In a tragic accident, Jonathon Horst, 2 years old at the time, was severely injured when his father backed up a John Deere lawnmower over him. The blades of the lawn tractor were operating while the vehicle was in reverse.The Horsts sued Deere & Company, claiming negligence and strict liability, given that the blades could ... Subscribe Login Digital and ...

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