Quantcast
Home / Legal News (page 569) /

Legal News

Over Litigation Case Analysis

It would indeed be unfortunate if this decision were published as recommended, and not reversed by the Supreme Court. Admittedly, the majority’s interpretation of Local Rule 365 is something that attorneys can comply with, and should be expected to. Opposing ...

Read More »

Ambiguity not shown by negative implication

“Ferreting through a policy to dig up ambiguity should not be judicially rewarded because this sort of ambiguity is insufficient. Rather, inconsistencies in the context of a policy must be material to the issue in dispute.” Hon. David T. Prosser ...

Read More »

Ambiguity Case Analysis

Every first year law student learns the quote of Oliver Wendell Holmes that, “you can always imply a condition to a contract.” Had the court decided this case otherwise, it would have been good law in Wisconsin to paraphrase the ...

Read More »

Right to bear arms trumps CCW statute

“Anyone who enters a business premises, including a person with criminal intent, should presume that the owner possesses a weapon, even if the weapon is not visible.” Hon. David T. Prosser Wisconsin Supreme Court The carrying a concealed weapon (CCW) ...

Read More »

CCW Case Analysis

There is little doubt that, as Justice Prosser was sharp to recognize in his concurrence in Cole, these cases are going to generate a “deluge of frivolous litigation.” A large number will be from prisoners who failed to raise “as ...

Read More »

Skwierawski’s administration leaves legacy

Hon. Michael J. Skwierawski Following 25 years of judicial service to Milwaukee County, five as chief judge, Michael J. Skwierawski, 60, is retiring. Those within the First Judicial Administrative District say he is leaving the state’s largest court system better ...

Read More »

Highway Access Case Analysis

The majority opinion is unusual in two respects. First, it fails to even address the position raised in the dissent — that Schneider v. State, 51 Wis.2d 458, 187 N.W.2d 172 (1971) only applies when the State acts pursuant to ...

Read More »

Judges Case Analysis

In the wake of the decision, no judge can run for, or accept appointment to, a nonjudicial, nonfederal, office until the expiration of an elected term. However, a judge or justice could still run for the U.S. House of Represen-tatives, ...

Read More »

Chapter 980 Case Analysis

For anyone interested in rules of statutory construction, the issue in this case provides a fascinating case study. Consider the history of the issue in this case. On Dec. 8, 1998, in State v. Shaw, 226 Wis.2d 160, 594 N.W.2d ...

Read More »

Resentencing Analysis

The decision in this case is one that has been needed for a long time, for two reasons. The first is the belated recognition that the Leonard and Pearce standards are not the same, and that previous statements that they ...

Read More »

Blinka takes Milwaukee Bar helm

“What attracted me to the law was the study of law in American history and world history.” Daniel Blinka An interest in the past moved Daniel Blinka toward his future as a lawyer and Marquette University Law School professor. Looking ...

Read More »

Attorney can concede guilt as strategy

“While conceding that the facts out of Gordon’s own mouth amounted to disorderly conduct while armed, Gordon’s attorney argued vigorously for acquittal on the more serious felony and misdemeanor counts. This was a reasonable tactical approach under the circumstances, plainly ...

Read More »

Concession Analysis

The decision, insofar as it concerns an attorney’s concession of guilt, brings Wisconsin in line with most jurisdictions and the Seventh Circuit, which has long recognized that an attorney may concede guilt to one charge in a multi-count trial as ...

Read More »

Damage caps may need to be pled

“There might be harm in a case such as this if for example a plaintiff had some leeway in classifying damages as economic rather than noneconomic, or if knowledge that noneconomic damages were unavailable would have induced her to devote ...

Read More »

Damage Caps Analysis

The decision has the potential to become a trap for Wisconsin defense attorneys who don’t spend much time in federal court, because damage caps need not be pleaded in Wisconsin state courts, but dicta in this case suggests they should ...

Read More »

Party can challenge service despite request

Equitable estoppel does not bar defendants from asserting the statute of limitations as a defense, even though the defendants’ attorney told the plaintiff that he would accept service of the complaint and summons in lieu of the defendants themselves, the ...

Read More »

Estoppel Analysis

The holding that the statute of limitations is not tolled pending a voluntarily dismissed federal action, but not a state one, creates a trap for the unwary that attorneys must pay attention to. Prior to this decision, even a very ...

Read More »

Immunity Analysis

Justice Bablitch asserted in his concurrence, "A doctrine of governmental immunity that has caused such injustice and inequity, in this case and others, cannot, and I predict, will not, stand much longer." It is likely that the court will soon ...

Read More »

Bill seeks new standard for SPD eligibility

Milwaukee Bar Association Executive Director Jim Paetsch watches as Rep. Terri McCormick announces her bill, which would increase eligibility standards for State Public Defender representation, which have remained unchanged since 1987. The new standards would be tied to W-2. A ...

Read More »

Privilege Analysis

Given the importance of the issue, the likelihood that the Wisconsin Supreme Court will grant review, if petitioned, should be considered very high. The court has not considered waiver since the Dudek case in 1967, and the decision here greatly ...

Read More »

Just Cause Case Analysis

The court concluded that there is no generally accepted meaning of “just cause” in private employment contracts, and the term is ambiguous. However, there is a long-standing definition of “good cause” for discharge in private employment contracts, and, according to ...

Read More »