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

Last week, the Wisconsin Law Journal looked at some of the strategic planning that firms need to consider when addressing security issues. In part two of Technology Security, a security expert suggests some of the things individuals can do to ...

Although the decision affirms the court of appeals’ decision, it nevertheless changes the current law. Under the court of appeals’ decision, motions for reconsideration were not permitted at all; under this decision, they are permitted, but do not affect the ...

Kelly Hansen As computers have become a major tool for legal research, document production and storage, communication with clients and more, the problems associated with assaults on those systems have also risen. That makes it essential for law firms to ...

An alien parent who has no standing to remain in the country cannot establish a derivative claim for asylum based on hardship to a citizen child in the event of the alien’s deportation, the Seventh Circuit held on Dec. 31. ...

The decision creates an anomaly in that asylum could be granted if the alien’s daughter is not a citizen, but not if the daughter is a citizen. In this case, Oforji could not be eligible for asylum pursuant to 8 ...

“A party in a small claims action may simultaneously move for reconsideration and initiate an appeal. Allowing a tenant to move for reconsideration under sec. 805.17(3) thus does not contravene the legislative intent to provide a ‘speeded-up’ forum for eviction ...

Among other skills, the mediator removes from the negotiation the barriers to agreement which plague any negotiation between determined advocates and their clients. John Dawson Foley & Lardner The short answer to the title’s question is: “It may not.” But ...

Proposed change to rules regarding frivolous lawsuits The petition before the Supreme Court would result in two significant changes: 1) Trial judges would have discretion in the awarding of costs and attorneys fees when the court determines an action is ...

“Simply put, had the legislature intended to grant the exemption the companies seek, it could have done so easily — without relying on alchemic, albeit ingenious, statutory deconstruction.” Hon. Ralph Adam Fine Wisconsin Court of Appeals The transfer of real ...

Notwithstanding the court’s decision, there are two ways in which the conveyance in this case could be done that would effect substantially the same result, and still avoid the transfer fee. First, the companies could utilize 77.25(9) — exempting conveyances ...

“Judges are not entitled to override the legislative approach with a lawyercentric public policy that puts members of their own social class higher in the priority list at the expense of other creditors, or of the debtors themselves.” Hon. Frank ...

In the wake of this decision, bankruptcy attorneys will have to be far more careful to ensure that they get paid for their services. The decision suggests two ways for attorneys to do that. First, the decision effectively requires attorneys ...

The economic loss doctrine, barring recovery in tort when a contract is in place between the parties — does not apply to contracts for services, rather than goods, the Wisconsin Court of Appeals held on Dec. 17. Cold Spring Egg ...

The decision is a good candidate for review in the Supreme Court if Cold Spring petitions for it, and sound reasons exist for reversal should review be granted. First, it must be noted that neither of the two cases the ...

The state Supreme Court is considering whether it was appropriate for a judge to issue a harsher sentence to a drunken driver at a resentencing when the initial sentence was vacated due to a prosecutor’s error. Counsel for Victor Naydihor, ...

A judge’s sexual harassment of his clerk can give rise to a constructive discharge claim against the State or county in which he presides, the Seventh Circuit held on Dec. 9. Melissa Robinson was hired as a judicial clerk for ...

The alleged actions of Judge Sappington are so egregious that the holding that they support a hostile environment claim is of relatively little significance. Only if the lower court holding had been affirmed would the decision be noteworthy on that ...

“In common, everyday language, ‘to endorse’ would mean to endorse a check or endorse a candidate. I hate to sound like Andy Rooney, but why can’t insurance policies simply call changes in policies for what they are — changes?” Hon. ...

Few types of decisions that the appellate courts decide generate as much interest as those involving reducing clauses to underinsured motorist (UIM) coverage. Every personal injury attorney, defense attorney, insurance claim adjuster, and court in the state has files just ...

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“The best way for counsel to make the litigants whole is to perform, without additional fees, any further services that are necessary to bring this suit to a conclusion in state court, or via settlement.” Hon. Frank Easterbrook Seventh Circuit ...

The decision is certainly not the first time the Seventh Circuit has chastised attorneys and lower courts for “insouciance toward the requirements of federal jurisdiction.” Nor is it the first time the court has punished attorneys for it. In Cincinnati ...

Hon. Ann Walsh Bradley In determining whether logging equipment is tax exempt under sec. 70.111(20), the “use of equipment” test should be applied, rather than the “primary purpose” test, the Wisconsin Supreme Court held on Dec. 4. In so holding, ...

The decision has significant tax implications, not just for logging equipment, but for all of the exemptions in sec. 70.111. The court of appeals’ opinion was arguably not limited to logging equipment, but adopted the “primary purpose” test for all ...

Hon. Maxine A. White Fifty-nine percent of the state’s African-American population does not finish high school. That’s according to a study of graduation rates by the Manhattan Institute. It’s a dismal statistic, and one that Milwaukee County Circuit Court Judge ...

“That Craig may be considered a first party to a subsidiary transaction between himself and Gregory (because they consumed the alcohol together) does not make him a party to the transaction by which Mary Anne provided the alcohol to Gregory.” ...

The court noted in its discussion that, usually, alcohol immunity issues arise in cases of accidents caused by intoxication. Presumably, therefore, most cases in which this case will be cited for authority will involve underage persons who cause automobile accidents ...

“I see very little that goes on within this law firm that should not be openly discussed and communicated with associates. They are very much the future of the law firm, and the sooner we get them thinking like they’re ...

“The equities that drive the creation and the scope of an easement may vary, requiring the circuit court to weigh the burdens and benefits the easement would create.” Hon. Patience D. Roggensack Wisconsin Supreme Court The Thanksgiving holiday may have ...

Assuming that the court of appeals’ decisions are ultimately published, as recommended, the decisions last week significantly affect the law in the real estate field, and are intertwined with each other in several respects. In the most obvious example, the ...