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Condemnation Case Analysis

Judge Wedemeyer is correct that whether a truly voluntary sale of similar property can be considered in a condemnation action is an issue that needs to be addressed. He is also correct when he states, “It ill behooves a court ...

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Dolan Media acquires Lawyers Weekly

Dolan Media Company, publisher of the Wisconsin Law Journal, has acquired the 14 newspapers and associated Web sites of Lawyers Weekly, Inc., a leading publisher for the legal profession. The deal closed Tuesday, Aug. 31. Purchase price and terms were ...

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State fund liable for private property loss

“We reject the Commissioner’s argument that Wis. Stat. sec. 605.02 plainly prevents the Fund from choosing to insure the Ringle facility after its purchase by Fiber Recovery … where Fiber Recovery has chosen to exercise its option to have the ...

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Insurance Fund Case Analysis

The court declined to resolve the ambiguity in the meaning of “property for which [the local governmental unit] may be liable,” in sec. 605.02. However, when this issue is ultimately decided, it should presumed that the Fund is not actually ...

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Statements to defense PSI writer admissible

Hon. Richard S. Brown A defendant’s statements to a privately-hired presentence investigator can be introduced at a subsequent trial for perjury, the Wisconsin Court of Appeals held on Aug. 25. In 1997, Jimmie R.R. was charged with three counts of ...

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Presentence Case Analysis

If any attorneys did not realize that State v. Greve, 2004 WI 69, 681 N.W.2d 479, was the death knell of the traditional defense-prepared presentence investigation report to supplement or rebut the court-ordered one, the decision in the case at ...

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Panel discusses civil rights challenges

In the picture, left to right, Mark Agrast, Mary Rose Oakar, Daniel Kohrman, Paul Igasaki and Wade Henderson. The 40th anniversary of the 1964 Civil Rights Act served as a springboard for discussion of the future of civil rights in ...

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A tale of two Chinese immigrants

The Seventh Circuit decided two immigration cases in the past month, both concerning immigrants from China. In one case, the court held that the immigrant failed to prove past, or likelihood of future, persecution, even though the asylum applicant had ...

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China Case Analysis

It is ironic that, in Mei Dan’s case, she is going to be deported, even though she suffered harassment based on her (perceived) religious beliefs, while Lian may avoid deportation, even if he was never persecuted by the Chinese government. ...

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Roggensack begins career on top

In the Wisconsin Supreme Court’s 2003-04 term, first-year Justice Patience D. Roggensack was the justice most likely to be in the majority, just as her predecessor, former Justice William A. Bablitch, had been in the 2002-03 term. On the other ...

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Tenure termination not a contested case

“Marder had the right to hear and refute any allegations the Chancellor raised during the consultation. Because Marder did not have that opportunity, the Board failed to comply with the requirements of sec. UWS 4.05.” Hon. Gregory A. Peterson Wisconsin ...

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Tenure Case Analysis

The court’s holding that a decision to terminate a tenured professor is not a “contested case” under ch. 227 is problematic for a host of reasons, and parties should not rely on it until the Supreme Court has spoken on ...

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ABA reviews sentencing report

Federal judges’ discretion shouldn’t be hamstringed by mandatory minimum sentencing laws, or by overly severe, one-size-fits-all sentencing guidelines. That’s according to the American Bar Association’s House of Delegates. On Aug. 9, at the ABA’s annual meeting in Atlanta, its policy-making ...

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Lis pendens must be maintained during appeal

"Discharging the lis pendens before the expiration or exhaustion of the appellate process defeats both the notice and preservation objectives." Hon. Michael W. Hoover Wisconsin Court of Appeals A lis pendens must be maintained while appellate proceedings are still pending, ...

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Lis Pendens Case Analysis

The court’s decision in this case is indeed necessary, lest, as it noted, "both the notice and preservation objectives" of the statute would be defeated. The more interesting question is the slander of title counterclaim, which the court addressed only ...

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‘Amounts payable’ not ambiguous term

“While the ‘amount payable’ provision would arguably permit further reductions, it would not cause a reasonable insured to believe that reductions would not be made for actual payments already made from other sources. Hon. Neal Nettesheim Wisconsin Court of Appeals ...

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UIM Case Analysis

The court relies on two cases for support of its holding that the reducing clause is not illusory, even though the clause purports to admit reduction for “amount[s] payable” by a tortfeasor, in addition to amounts paid: Van Erden v. ...

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‘Specializing in‘ not an ambiguous term

“The concepts of ‘primarily’ and ‘specializing in’ are clear. Additionally, that various fact-finders may apply those concepts differently in apparently similar cases does make the concepts themselves ambiguous or vague. The restrictive covenants are valid.” Hon. Ralph Adam Fine, Wisconsin ...

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Covenant Case Analysis

With a better drafted restrictive covenant, the Tumbleweeds restaurant could easily have avoided the result in this case — leaving it up to the whim of a jury whether a Chili’s restaurant constitutes a “Mexican restaurant,” or serves “primarily Mexican ...

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Village liable for unbonded contractor

“Municipal liability for failure to ensure that a contractor furnishes a proper bond protects subcontractors, taxpayers and the municipality itself.” Hon. Charles P. Dykman Wisconsin Court of Appeals A municipality is liable to a subcontractor for its failure to ensure ...

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Subcontractors Case Analysis

Two questions regarding the notice of claim issue stand out immediately upon reading this decision. The first is why the court wrote as if this were an issue of first impression, rather than simply stating that this issue was settled ...

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Testimony Case Analysis

Notwithstanding the court’s decision, attorneys should vigorously contest that part of the decision that holds a defendant and his attorney can be compelled by the State to testify at an evidentiary hearing, if necessary. The court held that a defendant ...

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