Please ensure Javascript is enabled for purposes of website accessibility
Home / Legal News/page 589

Legal News

Crooks emerges as court’s key swing vote

In the Wisconsin Supreme Court's 2004-05 term, Justice N. Patrick Crooks clearly emerged as the key swing vote, and the justice most frequently in the majority, while Justice Jon P. Wilcox was the most frequent dissenter. Crooks dissented only four times, and in 19 cases decided by a vote of ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Sentencing Case Analysis

The term "conviction" is clearly ambiguous, when used in Wisconsin statutes, as the court found, for it has been interpreted to mean different things in different cases.It is not clear, however, that the policy reasons given by the court support the interpretation it adopted.The court found that, if ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital ...

Read More »

Conditional time can exceed one year

Convictions are not entered "at the same time," even though the sentencings are consolidated, the Wisconsin Court of Appeals held on Aug. 16. As a result, a court can order conditional time in jail for more than one year, unless the findings of guilt were simultaneous.On Sept. 26, 2003, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

Read More »

ABA considers internal changes

Emotions run high when slicing up the pie.Some years, the hot topics at the annual meeting of the American Bar Association's House of Delegates focus upon the justice system or the practice of law. This year, however, the most emotional and lengthy debates at the two-day meeting in Chicago ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

Read More »

Attorney Fees Case Analysis

Although DeWitt Ross and Stevens may have won its action, the victory may be a Pyrrhic one for family law practitioners generally.Even if the court ultimately holds that subsec. (3)(a) is constitutional, clients have been given enormous leverage in fee disputes with attorneys until that happens.Obviously, an attorney would ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

Read More »

Dissent casts doubt on attorney fees

The Wisconsin Court of Appeals held on Aug. 11 that a family court judge may award attorney fees to an attorney who withdrew from the case, even if no other attorney was substituted for her, and that the court can freeze a divorcing party's investment account, to ensure that funds ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Roundtable Discussion

Bankruptcy ReformPart IIOn April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention Act of 2005. Although some elements of the act already have taken effect, the majority of changes will take place in October. Some of the biggest changes will take place in the area ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital ...

Read More »

Punitive damages against drunk driver upheld

A $225,000 punitive damage award against a drunk driver does not violate due process, the Wisconsin Court of Appeals held on Aug. 2.According to the case, around 8 a.m. on Oct. 16, 1998, Levi Hogner began drinking beer at his home. At 2:30 p.m., after drinking at least 12 beers, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Roundtable Discussion

On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention Act of 2005. Although some elements of the act already have taken effect, the majority of changes will take place in October. Some of the biggest changes will take place in the area of consumer bankruptcy. ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

Read More »

Samaritan Case Analysis

The lead opinion reaches the correct result on the Good Samaritan issue in this case, but the reasoning it employs could be problematic in other cases, because it seems to adopt a wholly objective definition of "emergency care," with no subjective component.In this case, real emergency care was just ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

Read More »

Samaritan Law requires emergency care

“Suggesting that a bloody and vomiting woman lie in a bed rather than on a floor, covering her with a quilt, leaving her alone in a dark room for six or more hours, and periodically asking if she felt all right does not ... constitute emergency care.”Hon. Thomas Cane Wisconsin ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Family Law

Decision makes husband enabler to ex-wife’s alcoholism

Read More »

Punitive Case Analysis

Given that the proper ratio to consider, of punitive to compensatory damages, is not actual damages, but potential damages, the award in this case is clearly not excessive on that basis. As the court noted, actual damages from a drunk driving accident could easily have been much greater than $2,000, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Statistical Web sites by the numbers

Numbers are important. The legal field often utilizes statistics for justification or explanation. This article highlights several quality Web sites that provide statistical data on a variety of topics. Some provide information in a simple chart, while others allow the searcher to query a database and create a graph based ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Limited Remand Case Analysis

The decision is not the first to review the reasonableness of a sentence after a Paladino remand, but it is significant, nevertheless.In U.S. v. Mykytiuk, No. 04-1196, 2005 WL 1592956 (7th Cir., July 7, 2005), the court affirmed a sentence after a limited remand, but did not, at any point, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Sentence after limited remand is reasonable

The Seventh Circuit on July 29 held a sentence reasonable, upon return after a limited remand pursuant to U.S. v. Paladino, 401 F.3d 471 (7th Cir. 2005).Fayez Alburay owned and operated a neighborhood grocery in Chicago, and was authorized by the USDA to accept food stamps.Under the program, consumers ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

Read More »

Sixth Amendment Case Analysis

The decision is noteworthy for a couple of reasons. First, the court appears sympathetic to the argument that the interrogation by federal agents in this case did violate the right to counsel. The court could easily have stated that it found the reasoning in U.S. v. Avants, 278 F.3d 510 ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Illegal evidence may be used at sentencing

Statements taken in violation of the right to counsel may be considered at sentencing, the Seventh Circuit held on July 28, where the purpose of the interrogation was not to gather evidence against the defendant, but against co-conspirators.Paul A. Krueger was stopped for speeding, and police discovered over two kilograms ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

State, tribal courts sign jurisdictional agreement

Lac du Flambeau former Chief Judge Ernest St. Germaine (l) holds a stone with burning tobacco as Forest County Potawatomi Chief Judge Eugene White-Fish (r) draws smoke toward himself during a ceremony for the signing of the Teague Protocol. Stockbridge-Munsee Chief Judge David Raasch (c) stands with head bowed after ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Defamation Case Analysis

The decision is a good candidate for review in the Supreme Court, and attorneys whose clients are adversely affected by it should preserve the issue for further review, because there is substantial authority from other jurisdictions to the contrary.The Seventh Circuit held in Hurst-Rosche Engineers, Inc., v. Commercial Union Ins. ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

Defamation complaint not covered by insurance

“Although the section of the complaint specifically discussing defamation did not use magic words like ‘wanton and willful,’ ‘malicious,’ ‘purposeful,’ or ‘intentional,’ … a fair reading of the complaint as a whole warrants the conclusion that the plaintiffs accuse Elliott of intentional ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital and mobile1 Year$329 Print, digital and ...

Read More »

FDCPA Case Analysis

The court wrote, "The FDCPA was created to protect consumers from abusive practices by debt collectors." The decision shows what can happen if attorneys attempt to use the FDCPA as a sword, rather than as a shield, and then miss their target.The case is remarkable for its unique procedural history.Normally, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

Read More »

FDCPA threat leads to sanctions

A law firm was properly sanctioned for responding to a client's dunning letter with a frivolous threat to sue under the Fair Debt Collection Practices Act, the Seventh Circuit held on July 18.Judith A. Kelly wrote a bad check to a riverboat casino in Illinois. Riddle & Associates, a ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

Read More »

Constitution Case Analysis

The greatest impact of the two decisions is not the particular holdings themselves, but that, in criminal cases, the Wisconsin Constitution will no longer be interpreted in lock-step with the U.S. Constitution.Suppression motions that previously would have been patently meritless, because of how the U.S. Supreme Court has ruled ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

Read More »

State, U.S. constitutions are not coextensive

The Wisconsin Supreme Court announced in two cases on July 14 that it will no longer interpret the Wisconsin Constitution in lock-step with parallel provisions in the U.S. Constitution.State v. DuboseIn the first case, Tyrone L. Dubose was stopped for suspicion of armed robbery, after a canine unit ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital ...

Read More »