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Accommodations exist for cheese cutter

Hon. Michael W. Hoover An employer violated the Wisconsin Fair Employment Act (WFEA) by refusing to modify an employee’s job duties after an automobile accident left her a quadriplegic confined to a wheelchair, the Wisconsin Court of Appeals held on Oct. 8. Cheese Factory Crystal Lake Cheese Factory operates a cheese factory in Comstock. It processes milk into several varieties ...

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Accommodation

The decision creates a chasm between state law under the WFEA and federal law under the Americans with Disabilities Act (ADA), but the size of the chasm is questionable. It is unlikely that Catlin could have survived summary judgment were this case heard in federal court under the ADA. Under the ADA, an employer is not required to shuffle job ...

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Waiver requires knowledge of charges

"At the onset of post-charge pretrial police interrogations, the accused must be made aware that the adversarial process has begun and that he or she can request the assistance of counsel at the onset of post-charge pretrial police interrogations." Judge Richard S. Brown Wisconsin Court of Appeals Where police initiated a conversation with a suspect, against whom a complaint and ...

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Sixth Amendment

The decision in this case is indisputably correct, but to the extent that the decision suggests that a defendant can validly waive his Sixth Amend-ment right to counsel without being informed of the charges against him, based only on Miranda warnings, the suggestion is suspect. As noted, the court formulated the following conclusion of law: “At the onset of post-charge ...

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Detention four days after crime still lawful

The vehicle was sufficiently similar to that described by the complainant. The fact that the car was within a few blocks of the scene of the domestic abuse incident was an additional relevant factor: it was reasonable to infer that Phillips frequented the neighborhood where his girlfriend lived. Judge Margaret J. Vergeront Wisconsin Court of Appeals The stop of a ...

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Detention

The decision points out the need for an explicit adaptation of the factors to be considered pursuant to State v. Guzy, 139 Wis. 2d 663, 667, 407 N.W.2d 548 (1987), when determining the lawfulness of a stop and detention that does not occur in the immediate wake of a crime. Both parties in this case discussed the Guzy factors at ...

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'Parcel' includes all contiguous farmland

Hon. Gregory A. Peterson In determining whether property is part of a "parcel" of land exempt from special assessments as "eligible farmland," all contiguous property of an owner should be considered as one, rather than looking to legal descriptions, the Wisconsin Court of Appeals held on Oct. 1. Special Assessment In 1999, the Town of Kronenwetter approved a resolution to ...

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Detention (67194)

The decision points out the need for an explicit adaptation of the factors to be considered pursuant to State v. Guzy, 139 Wis. 2d 663, 667, 407 N.W.2d 548 (1987), when determining the lawfulness of a stop and detention that does not occur in the immediate wake of a crime. Both parties in this case discussed the Guzy factors at ...

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Statements must be considered individually

Hon. Ralph Adam Fine When determining whether to admit a hearsay statement as a statement against interest, each declaration is to be viewed separately, the Wisconsin Court of Appeals held on Sept. 24. Conflicting Stories In September 2000, ninety-two-year-old Constance Anderson had her purse stolen. Jeffery Schmitt, a witness to the crime, identified Shelleen Joyner as the perpetrator. Schmitt said ...

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Hearsay

The decision is the second by the court of appeals this year to apply the rule of Williamson that a court must determine the admissibility of each declaration separately to determine if it is a statement against interest. In July, the court decided State v. Bintz, 2002 WI App 204, applying the same test. However, a petition for review is ...

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401(k) losses must be shared by divorcees

We fail to see how “fairness” would be served by shielding Susan from any post-divorce decline in plan value, while imposing the entire loss on Daniel. Judge David G. Deininger Wisconsin Court of Appeals Where a marital settlement agreement unambiguously divides a 401(k) plan by percentage, the parties are proportionally subject to market gains and losses from the date of ...

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Market Losses

Given the recent bear market, especially in some sectors, there is obviously a lot of money riding on the interpretation of this case. Future marital settlement agreements should be carefully reviewed to ensure that they unambiguously allocate risk. The decision could be interpreted, however, to support the idea that, even if an agreement is ambiguous, or if the property division ...

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Make the most of opening statements

Jeffery Robinson Silence, during opening statements, is not golden, according to a Seattle criminal defense attorney. Jeffery Robinson of Schroeter Gold-mark & Bender in Seattle has handled more than 200 trials during his time in practice. Robinson drew on his own experience, as well as what he has learned from watching other trial attorneys, when he told defense attorneys that ...

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Badger Mutual can be limited to its facts

On July 10, the Wisconsin Supreme Court ruled that an unambiguous clause in an insurance policy, which is specifically-approved by statute, can be rendered invalid if the remainder of that policy does not adequately explain the coverage in which the clause at issue appears. Badger Mut. Ins. Co. v. Schmitz, 2002 WI 98. However, the decision relied heavily on the ...

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