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Actual Innocence Case Analysis

Technically, this case is an application of Illinois state law, and has no direct bearing in Wisconsin. Nevertheless, as both states have the actual innocence rule, criminal defense attorneys and their insurers should be aware of it. Wisconsin expressly adopted ...

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Contribution Case Analysis

Parties adversely affected by the decision in this case should nevertheless preserve objections for potential review in the Supreme Court. Although the decision may not contradict any binding case law, neither does any precedent require the holding, and the holding ...

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Default no bar to contribution claim

Hon. Ralph Adam Fine A default judgment does not preclude the defendant from seeking contribution from other defendants, the Wisconsin Court of Appeals held on Dec. 28. SIVA Truck Leasing leased a van to Milwaukee Careers Cooperative (MCC) for use ...

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Diversity Case Analysis

The decision suffers from several defects: poor math, misrepresentation of Seventh Circuit precedent, and ignorance of Wisconsin law. First, the court states that, in order to meet the jurisdictional requirement, the jury’s punitive damage award would have to be "more ...

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Extensions for notices of intent allowed

The Wisconsin Court of Appeals held on Dec. 30 that a defendant may be granted an extension to file a notice of intent to pursue postconviction relief, notwithstanding State v. Evans, 2004 WI 84, 273 Wis. 2d 192, 682 N.W.2d ...

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Extensions Case Analysis

From the standpoint of efficiency, the court’s holding is clearly preferable to the alternative, and the attendant procedural complications noted by the court. Allowing a simple extension also avoids the situation in the Seventh Circuit case, Betts v. Litscher, 241 ...

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Sending junk fax not advertising injury

The Seventh Circuit held on Dec. 23 that an insurer that issued a policy for advertising injury has no duty to defend a class action filed on behalf of all recipients of the insured’s junk faxes. Capital Associates of Jackson ...

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Junk Fax Case Analysis

Technically, the decision has no bearing on any case in Wisconsin, as it is nominally an application of Illinois insurance law. Nevertheless, the decision cannot be ignored by any attorney facing this issue. The court even wrote, "Readers doubtless will ...

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Filing is ‘communication’ under FDCPA

"In this case, the lawyers were not sending dunning ‘communications’ to Mr. Thomas. Instead, they were doing what lawyers traditionally do — filing a lawsuit in state court on behalf of their client." Hon. Terence T. Evans in dissent A ...

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FDCPA Case Analysis

That the majority opinion is erroneous is amply demonstrated by the dissent of Judge Evans, and further elaboration is unnecessary. Nevertheless, the decision of the en banc majority represents a vast improvement upon the original decision of the majority in ...

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Tech Tips: Google grows as information tool

When it comes to technology tips, Google rises to the top of the list, offering a variety of tools for gathering information and conducting research online. Whether you are looking for something on the Internet or on your own computer, ...

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Entire appeal must be frivolous for sanctions

Hon. N. Patrick Crooks The Wisconsin Supreme Court held on Dec.15 that an appeal must be wholly frivolous for costs, fees, and attorney’s fees to be awarded pursuant to Rule 809.25(3). In 1994, Holy Trinity Lutheran Church (Holy Trinity) retained ...

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Frivolousness Case Analysis

The court based its decision solely on the language of Rule 809.25(3), without addressing the merits of Solner’s argument that requiring an entire appeal to be frivolous, before sanctions will be imposed, leads to absurd results. Regardless of the statutory ...

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Severance damages denied for partial taking

“[The purpose of the alternative means of calculating loss] does not appear to be to provide an alternative means of damage determination for condemnees to bolster awards beyond the levels that had been determined under the traditional ‘before and after’ ...

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Partial Taking Case Analysis

The court may have reached the correct result in this case, but its reasoning is flawed in some respects. First, the court finds that the statute is unambiguous based on the absence of a comma between the phrase "assuming the ...

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How do you practice law?

E. John Buzza It’s 4:50 on Friday afternoon when your fax machine churns out three motions from the opposition on the Jones bankruptcy file, all noticed for expedited hearing next week. You turn to your legal assistant with that familiar ...

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Decline of the civil jury trial

“We are pretending to do business as usual. … I don’t think it is business as usual.” Hon. Ann Walsh Bradley The percentage of civil cases, which end in a jury trial, has dropped significantly in recent years. A Wisconsin ...

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OMVWI Case Analysis

The court’s discussion of why Matke should properly be sentenced as a six-time offender, rather than a four-time offender is well-reasoned, and its disavowal of paragraph 8 in State v. Skibinski, 2001 WI App 109, 244 Wis.2d 229, 629 N.W.2d ...

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Only payments to the insured reduce UM benefits

Hon. Joan Kessler For an auto insurer to reduce uninsured motorist benefits by a payment from a worker’s compensation insurer, the insured must be the one to receive the payment, the Wisconsin Court of Appeals held on Dec. 7. Scott ...

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Reducing Clause Case Analysis

There is merit in both the majority opinion and the dissent. As the dissent notes, the statements from Dowhower v. West Bend Mut. Ins. Co., 2000 WI 73, 236 Wis.2d 113, 613 N.W.2d 557, and Badger Mut. Ins. Co v. ...

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Informed consent statute not misleading

The Wisconsin Court of Appeals held on Dec. 1 that the informed consent statute is not misleading, even though it fails to inform a drunk driving suspect that his blood will be taken against his will, even if he refuses ...

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Informed Consent Case Analysis

The decision in this case is ineligible for publication, but it bears careful attention. Even though the court concluded that Lochemes’ argument must be addressed to the legislature, rather than the courts, there is an excellent argument to be made ...

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Labor Logic

Cease Electric upholds tort liability for negligently provided services

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Debt obligations can be maintenance

U.S. Bankruptcy Judge Robert D. Martin held on Sept. 29 that, where a marital settlement agreement classified marital debts as being part of the financial support settlement, rather than the property settlement, the debts are not dischargeable in bankruptcy. Mark ...

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Maintenance Case Analysis

A question raised by the decision is whether parties getting divorced can ensure that the debts will be nondischargeable in bankruptcy if they merely parrot the exact language used in the case at bar. An interpretation that they can would ...

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