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Disability Case Analysis

Although the decision affirms the court of appeals, it nevertheless changes the relevant law, because the court of appeals declined to consider whether death effects cessation of disability. Walberg v. St. Francis Home, Inc., 2004 WI App 120, 274 Wis.2d 414, 683 N.W.2d 518, 522.The court of appeals found ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Sec. 893.22 does not apply when disabled person dies

When a disabled person dies, sec. 893.16 provides the statute of limitations for commencing action of her behalf, the Wisconsin Supreme Court held on June 2.From Mar. 29, 1994, to Dec. 3, 1996, Lucille Genevieve Yox was a resident of St. Francis Home. During that time, and until her death ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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Disparity Case Analysis

There are a number of holdings in this case that defendants can use in the future:Defendants can request in-camera reviews by the court of co-conspirators' statements in presentence reports, even if they are not entitled to them as a matter of law under the Jencks Act;Courts should not limit ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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Court takes up unduly disparate sentences

The Seventh Circuit on June 3 issued encouraging dicta to defendants who receive sentences that may be considered disparately large relative to those of their co-defendants.In 1999, 15 defendants were charged for their respective roles in a drug conspiracy in Chicago led by Robert Allen. They all pleaded guilty (including ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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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 dealership?; and does it make a difference if the defendant ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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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, Jaime R. Peterson leased a new 1999 Volkswagen Beetle from ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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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 this job and having this opportunity," Pepper said in an ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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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 P. Geske, and former Milwaukee County Circuit Court Judge Lee ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital ...

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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 about the dangers of deep vein thrombosis (DVT).Jerome ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, digital ...

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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 Agrosciences LLC, 125 S.Ct. 1788 (Apr. 27, 2005); yet the ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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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. Patricia S. Curley Wisconsin Court of AppealsThe Wisconsin Court ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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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. State v. Young, 2004 WI App 227, 277 Wis.2d 715, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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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 wiretap statute provides, "Immediately upon the expiration of the period ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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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 from the governing law.The law defining a "satisfactory explanation" ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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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 were conducting surveillance based on a tip that a person was ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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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 risks to Payano-Roman from ingesting large quantities of heroin.Thus, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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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 also wrote in dicta that, if a defendant receives a ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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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 for vulnerability, the defendant had face-to-face contact with the victim, ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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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 the bathroom, where she stepped on a recessed floor drain and ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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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 in the Supreme Court.The statute of repose for defects ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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UW professor probes drop in trials

UW Law School Prof. Marc GalanterPhoto by Tony AndersonRemember 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 looks like." It's a sad but true announcement of the state ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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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 holding and it is a good candidate for review by ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 ...

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Labor Logic

NLRB issues new ‘full’ consent election agreement option

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Levine wins state bar election

Steven LevineSteven 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 he has his way, all of those lawyers will have ... Subscribe Login Digital and mobile only1 MonthIntro Rate$34----------1 Year$289 Print, ...

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