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

“We just raised the amount we’re spending on tourism promotion, from $13 to $15 million per year. Is tourism really more important than fairness in the courts?” John Ebbott, Legal Action of Wisconsin Inc. Over 40 years ago, the U.S. ...

Although the court’s holding that the dangers of hot liquids are obvious is consistent with almost all jurisdictions to have considered the issue, and comports with long-standing product liability law in Wisconsin, the court’s other holding is more problematic. The ...

The dangers of hot liquids are obvious, so a vendor has no duty to warn of the dangers. The Wisconsin Court of Appeals also held on Mar. 16 that public policy precludes liability for failure to provide lids for the ...

On its face, the decision appears to create a conflict in the circuits, providing better protection for creditors in the Seventh Circuit than elsewhere in the nation, but the distinction is largely procedural rather than substantive. The court did refuse ...

Unlisted asset belongs to trustee

The court acknowledges at one point that it cannot “stretch[] the statute too far (especially since it provides criminal as well as civil sanctions for its violation).” The statute provides for imprisonment of up to 10 years (20 for repeat ...

What the court held Case: International Airport Centers, L.L.C., v. Citrin, No. 05-1522. Issue: Does an employee violate the Computer Fraud and Abuse Act by erasing all the data from a laptop loaned to him by his employer? Holding: Yes. ...

The National Association of Consumer Bankruptcy Attorneys (NACBA) recently released a survey, entitled “Bankruptcy Reform’s Impact: Where are all the ‘Deadbeats’?”, that showed the bankruptcy reform act that took effect Oct. 17 isn’t doing what proponents purported it would, rather ...

“I have traveled the state, visiting lawyers and bar associations. I don’t hear anyone talking about this issue. It would be a giant disservice to spend any more time on this issue.” President Michael D. Guerin, Gimbel, Reilly, Guerin & ...

Like most goals worth pursuing, this one is requiring a group of mostly judges to roll up their sleeves and get to work. The goal is to obtain additional judicial officers for Wisconsin. The work is collecting and analyzing data ...

Court may be ready to revisit the definition of ‘supervisor’

Each year, law firms start out with the best of marketing intentions. But too often, they’re tripped up by common mistakes. Whether it’s wasting money on the wrong marketing events or hamstringing their in-house marketing professionals, the best and brightest ...

What the court held Case: Ash v. Tyson Foods, Inc., No. 05-379 Issue: Is an employer’s reference to an African-American employee as “boy” evidence of discrimination? In a case alleging discrimination, where the employer contends another applicant was more qualified, ...

The lastest on trade secrets

A bill designed to toughen the civil justice system’s treatment of frivolous lawsuits is winding through the Wisconsin Legislature and may very well end up on Gov. Jim Doyle’s desk in just a few weeks. While some characterize the bill ...

Client relationships built on communication, reponsiveness

Defense attorneys need to be aware of this case, lest what seems like a reasonable solution — alternative orders depending on the result of a pending appellate decision in another case — become a trap for the unwary. Many Wisconsin ...

What the court held Case: U.S. v. Smith, No. 05-1638. Issue: Can a defendant get his sentence modified, because the court announced an "alternative" sentence that could apply, depending on the outcome of a Supreme Court case, even though the ...

Although the Seventh Circuit has used the same now-verboten language employed by the Eleventh Circuit in the case at bar, it does not appear that the decision actually changes the substantive law in the Seventh Circuit. In Millbrook v. IBP, ...

Legislator prepares cap bill A state legislator is getting ready to introduce legislation that would reestablish caps for noneconomic damages in medical malpractice cases. The governor vetoed an earlier attempt to put caps back in place after the Supreme Court ...

Making the most of an expert witness

Although one would hope that facts such as these never repeat themselves, and the case will never be cited as directly applicable precedent; nevertheless, the case is valuable as the first published Wisconsin case discussing the duties of escrow agents ...

What the court held Case: Black v. Metro Title, Inc., No. 2005AP1423. Issue: Does an escrow agent owe a duty to an incidental beneficiary? Holdings: No. An escrow agent is an agent and fiduciary of only the parties to the ...

Sidley & Austin age discrimination case takes another step forward

An important question the decision leaves unanswered is whether a defendant could be convicted of operating while intoxicated if, although he never drives the vehicle or starts the engine, he does place the key into the ignition. In an unpublished ...

The Supreme Court held on Feb. 14 that, where no evidence was presented that a defendant physically activated or manipulated the controls of a vehicle, she cannot be convicted of operating while intoxicated. On May 25, 2003, Kristin Haanstad met ...

Attorneys can use the court system’s Wisconsin Supreme Court and Court of Appeals Access (WSCCA) Web site to track appellate cases as they move through the system. Visit the Web site. The Wisconsin court system has just made it easier ...

It is important to note that, although a district court’s refusal to impose a sentence below the guidelines because of disparity between co-defendants is not grounds for reversal on appeal, it is possible that defendants can still contend in the ...

What the court held Case: U.S. v. Boscarino, No. 05-2657 Issue: Is disparity between co-defendants’ sentences grounds for finding the sentence unreasonable, where the disparity resulted from one defendant’s cooperation with the government? Holdings: No. A sentence within a properly ...

Notice pleading: How to plead the minimum in federal employment claims