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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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Defending service contracts after Cease

Case law related to the Economic Loss Doctrine and its application to service contracts continues to unfold in Wisconsin. Last year, the state Supreme Court released a decision that found the doctrine did not bar recovery from an electrical contractor ...

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Additional insureds covered for their own negligence

“If the Acuity policy intended to exclude coverage for liability arising from the additional insured’s own negligence, it should and could have spelled out as much. Other policies have." Hon. Patricia S. Curley Wisconsin Court of Appeals An additional insured ...

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Additional Insureds Case Analysis

The ramifications of this decision could be either negligible, or enormous. The actual holding could be negligible, inasmuch as insurers can easily change their policies to explicitly state, "[t]his insurance does not apply to: … ‘[b]odily injury’ or ‘property damage’ ...

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Solos balance freedom with obligations

Pam Pepper I am probably the least-qualified person in the world to talk about issues of balancing work and personal life. Ask anyone who has spoken to me for more than 10 minutes. Never having been a stoic, I am ...

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State must pay for phone records

“When the District Attorney petitions the state court for an order compelling Ameritech to prepare and provide a terminating AMA report, Ameritech is entitled to insist that the state court follow federal law by attaching a price tag under sec. ...

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Phone Records Case Analysis

It would seem that, after 20 years, the State’s evasion of paying for terminating AMA reports will come to an end, and that the State will subpoena less reports, as a result. The court observed, "Public officials in Wisconsin not ...

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Crawford v. Washington is not retroactive

The Seventh Circuit held on April 7 that even though the U.S. Supreme Court’s decision in Crawford v. Washington (2004), adopted a new rule for Confrontation Clause objections, the rule does not apply retroactively. Sandra Lison was murdered in 1987. ...

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Confrontation Clause Case Analysis

Although the court states, "This is the first time that this issue [whether Crawford announced a new rule according to Teague and its progeny] has been directly presented for ruling in this circuit," the court actually held that Crawford did ...

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Guidelines Analysis

Although the court rejected Schlifer’s argument concerning the Armed Career Criminal Act, attorneys should continue to make similar objections to preserve them for review. While there is no reason to think that the Supreme Court will change the core holding ...

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Marginal deterrence is grounds for lower sentence

“Those who think that … the harshest sentences should be reserved for the most culpable behavior might find little room left above Newsom’s sentence for the child abuser who physically harms his victim, who abuses many different children, or who ...

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Deterrence Case Analysis

The decision is noteworthy for several of the holdings, but the most noteworthy is the discussion of "marginal deterrence" as grounds for imposing a sentence below the guideline range. Since the issuance of U.S. v. Booker, one of the biggest ...

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LEO alums found opportunity to excel

“You need programs that show people there is a way to succeed and there is help out there.” Hon. Louis B. Butler Jr., Wisconsin Supreme Court The University of Wisconsin Law School boasts an alumni roster replete with the crown ...

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No merit report bars subsequent appeal

The Wisconsin Court of Appeals held on March 30 that the procedural bar of State v. Escalona-Naranjo, 185 Wis.2d 168, 517 N.W.2d 157 (1994), may be applied when a prior appeal was processed under the no merit procedures of Rule ...

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No Merit Report Case Analysis

The court’s decision in this case must be very carefully applied, lest Wisconsin courts run afoul of the Seventh Circuit’s decision in Page v. Frank, 343 F.3d 901 (7th Cir. 2003), and claims get reinstated by the federal courts. In ...

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Cooperation with police is new factor

Post-sentencing assistance to law enforcement is a new factor permitting a sentence modification, the Wisconsin Court of Appeals held on March 22. The defendant, identified only as John Doe, pleaded guilty to carrying a concealed weapon, felon in possession, and ...

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New Factor Case Analysis

The court only held that post-sentencing information provided to law enforcement may be a new factor, but remanded the case to the circuit court to exercise its discretion in deciding whether to modify the sentence. What constitutes a proper exercise ...

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State-specific practice rule bars bar admission

“It seems formalistic … to hold the applicant to the time limits… But that’s what time limits are — formalistic, bright lines and not necessarily relevant to the merits of the issue.” Hon. Shirley S. Abrahamson concurring The Wisconsin Supreme ...

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Reciprocity Case Analysis

Although Mostkoff was unsuccessful, and the Supreme Court did not consider his constitutional challenges even worthy of discussion, this may not be the end of the matter. Just last month, a federal court in North Carolina held that a state-specific ...

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Suspect can't invoke Miranda before arrest

“A noncustodial interrogation normally fails to create circumstances that compel self-incrimination which is why Miranda does not apply in those situations.” Hon. Michael W. Hoover Wisconsin Court of Appeals A suspect’s invocation of Miranda does not render his subsequent statements ...

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Miranda Case Analysis

The facts of this particular case make it a poor vehicle for further review in the Supreme Court, but the holding is sufficiently problematic that ultimate review of the issue would be beneficial. First, it is not even certain that ...

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Class action law raises jurisdictional issues

Many Wisconsin legal observers familiar with the federal Class Action Fairness Act of 2005 seem to agree that it is likely to divert some class actions from state courts into federal courts. But recent interviews reveal a divide in their ...

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Supreme Court lowers burden for punitive damages

“This court will not insert the phrase ‘intent to cause injury’ into the statute. To do so here would alter the focus of the statute and jettison the legislative intent.” Hon. Ann Walsh Bradley Wisconsin Supreme Court In two cases ...

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Punitive Damages Case Analysis

Although the majority states that its standard is higher than the previous common law standard, and that circuit courts must act as "gatekeepers" — only sending punitive damage questions to juries where this heightened standard is met — the standard ...

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