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Legal News

Branch manager is not a ‘managing agent’

“McGrath’s designation as a ‘branch manager’ alone does not sufficiently demonstrate that he was cloaked with the general responsibilities envisioned by the Wisconsin Statutes such that he is a ‘managing agent’ and proper person to receive service.” Hon. Daniel P. ...

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Labor Logic

Rules change when the government sues an employer for discrimination

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MMWA Case Analysis

The decision raises three questions: are all lessees of automobiles "consumers" under the MMWA?; does it make a difference if the lessee leases the vehicle directly from a dealership rather than from a bank that purchases the vehicle from the ...

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Auto lessee can enforce Magnuson-Moss

A lessee of an automobile meets the definition of "consumer" in the Magnuson-Moss Warranty Act (MMWA), and can sue for breach of warranty under the Act, the Wisconsin Supreme Court held on May 27. According to the complaint, in 1999, ...

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Pamela Pepper named EDW bankruptcy judge

The Seventh Circuit Court of Appeals has announced the appointment of Pamela Pepper as a U.S. bankruptcy judge for the Eastern District of Wisconsin. Pepper, a Milwaukee sole practitioner, will take the bench July 5. "I’m very excited about doing ...

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The word on oral arguments

"Judges are your friends." So said former Supreme Court Justice William A. Bablitch at a "Reality CLE" program at the Milwaukee Bar Center on May 16, entitled, "Deconstructing the Oral Argument." Also on the panel was another former justice, Janine ...

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Federal Aviation Act preempts failure to warn claims

Information provided by the Society of Interventional Radiology © 2004 The Wisconsin Court of Appeals held on May 17 that the Federal Aviation Act of 1958 preempts a state law claim alleging that an airline negligently failed to warn passengers ...

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DVT Case Analysis

Although the decision is consistent with the trend in other jurisdictions, it is noteworthy that those other cases were issued before the most recent U.S. Supreme Court decision to address preemption of state failure to warn claims, Bates v. Dow ...

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Dope ditched during unlawful stop is inadmissible

“He stopped walking … when the police stopped within a few feet of him, and ordered him to stop. We cannot conclude, under these facts, that Washington did not yield until after he threw his hands in the air.” Hon. ...

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Acquiescence Case Analysis

Even if the decision is published as recommended, it should be viewed as only an interim decision, because the Wisconsin Supreme Court has accepted review in a similar case, in which that court may address the issue in this case. ...

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Administering laxatives is unlawful search

The Wisconsin Court of Appeals held on May 10 that it violated a suspect’s Fourth Amendment rights to administer him laxatives until he expelled a bag of heroin. On April 12, 2002, Milwaukee Police Officers Corey Parker and Scott Stiff ...

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Laxatives Case Analysis

In weighing each of the three factors from Winston v. Lee, 470 U.S. 753, 761-762 (1985), the court rests its holding on but one fact — the State presented no qualified medical testimony at the suppression hearing as to the ...

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Ten-day delay does not violate wiretap statute

The Seventh Circuit held on May 11 that the government’s failure to immediately file wiretap recordings with the judge is not grounds for suppression, where the failure was harmless, and the government’s explanation for the delay was believable. The federal ...

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Wiretap Case Analysis

The court’s discussion of what constitutes a "satisfactory explanation" for delay in sealing wiretap recordings is remarkable in that it reads as though the issue were one of first impression, when in fact it is a significant and unexplained departure ...

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7th Circuit: 'Be careful what you ask for…'

The Seventh Circuit held on May 5 that a defendant who had face-to-face contact with his victims can be given a "vulnerable victim" enhancement, pursuant to U.S.S.G. 3A1.1(b), even if he didn’t specifically target victims for their vulnerability. The court ...

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Vulnerable Victim Case Analysis

The court asserts that it can resolve the tension between those vulnerable victim cases requiring that the victim be targeted for his vulnerability, and those that don’t, by noting that, even in those cases where the victim was not targeted ...

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Statute of repose trumps safe place statute

The 10-year builder’s statute of repose applies to claims under the safe place statute that arise from design defects, the Wisconsin Court of Appeals held on May 3. In 2001, Julie Mair was skiing at Trollhaugen Ski Resort. She entered ...

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Safe Place Case Analysis

The statute of repose has a rich history that is not touched by the opinion and which provides fertile ground for arguing that this case was incorrectly decided, should parties adversely affected by this decision wish to challenge the precedent ...

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UW professor probes drop in trials

UW Law School Prof. Marc Galanter Photo by Tony Anderson Remember that scene in the movie "A Few Good Men" when Lt. Daniel Kaffe strolls into the majestic courtroom and says with self amazement "So this is what a courtroom ...

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Good Samaritans Case Analysis

In essence, this case holds that government contractors performing public improvements can be immune from liability for damage to third parties under the Good Samaritan Doctrine, if the improvement is necessary to protect safety or property. It is a radical ...

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7th Circuit issues four Booker cases

The Seventh Circuit issued four noteworthy Booker decisions last week, discussing criminal history, obstruction of justice, and, for the first time, finding that limited remand is unnecessary under plain error review, because it is clear that, even if the sentencing ...

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Booker Case Analysis

Each of the four cases is noteworthy, if not groundbreaking, and will be cited in future cases for one reason or another, requiring attorneys to be familiar with them. Cunningham is the most straightforward. From the beginning of the Seventh ...

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Labor Logic

NLRB issues new ‘full’ consent election agreement option

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Levine wins state bar election

Steven Levine Steven Levine says he believes his victory in the race for president-elect of the State Bar of Wisconsin is a sign of the long-term change in the works for the organization of the state’s 21,000 lawyers. Notably, if ...

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UIM Coverage Case Analysis

The court’s opinion only discusses two possible alternatives: under the policy’s definition of "underinsured motor vehicle," the tortfeasor’s vehicle was not underinsured, and therefore, the insured is entitled to nothing; or the definition is invalid, as applied to this insured, ...

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