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Amendment Case Analysis

The decision is highly suspect because it is premised upon an unfounded assumption — that there is a different standard for a plaintiff’s motion to amend pleadings after summary judgment for the defendant than after judgment upon a verdict. The ...

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Supreme Court hears bad faith case

The state Supreme Court is considering whether it is appropriate to preserve $3.5 million in punitive damages on a case that the District II Court of Appeals has remanded to the circuit court for a trial on bad faith. Although ...

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Lease Case Analysis

An interesting question could arise on remand if it is ultimately determined that the Goldammers breached the lease — whether they waived any objections to the unlawful attorney’s fees provision. A number of statements by the court suggest that, by ...

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01-3509 U.S. v. Kelly

“The judge’s reasons for rejecting the pleas are sufficiently sound. Most significantly, Kelly’s plea attempt on the distribution counts occurred very close to the end of the trial. Substantial judicial resources had already been spent on the trial and on ...

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02-0173-CR State v. Worsech

The State appeals an order which dismissed one count of its complaint against Scott Worsech, and a subsequent order denying reconsideration. The dismissed count alleged that Worsech, while himself a prisoner, had attempted to intentionally cause bodily harm to another ...

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00-2023 U.S. v. Fuller

“Essentially, Mr. Fuller was claiming that counsel had been negligent in investigating the sentencing consequences of a guilty plea and in ensuring that his client was sufficiently informed before his change-of-plea hearing. “Presumably, defense counsel would have an interest in ...

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02-0015-CR, 02-0984-CR State v. Hopkins

Kenneth E. Hopkins appeals from a judgment entered after he was convicted of being a felon in possession of a firearm. He also appeals from an order denying his postconviction motion. Hopkins claims his trial counsel provided ineffective assistance when ...

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02-1294 U.S. v. Young

“The government did not offer Dr. Burgess as an expert on whether or not Young abused Patrick, but rather, as an expert on how victims such as Patrick typically respond to such abuse. Furthermore, there is no legal authority supporting ...

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02-0397-CR State v. Brown

Nkosi K. Brown appeals from a judgment of conviction entered after he pled guilty to two counts of robbery with the threat of force, as a party to a crime. He also appeals from an order denying his postconviction motion ...

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01-3870 U.S. v. Westmoreland

“The initial disclosure of a crime to one’s spouse, without more, is covered by the marital communications privilege. If the spouse later joins the conspiracy, communications from that point certainly should not be protected. This distinction is consistent with the ...

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02-1702 State v. Pfaff

This is a review of a refusal hearing arising out of an operating a motor vehicle while intoxicated arrest. The OWI arrest came on the heels of an accident where a driver in another car was killed. The defendant in ...

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01-3767 U.S. v. Koerth

“Inv. Sturz obtained the warrant to search Defendant Koerth’s house on August 31, 2000. We are unaware of any cases decided prior to that date, nor have any been cited to us by the defendant, where a federal court suppressed ...

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02-0928 Mach v. Allison

However, even though the trial court erroneously allowed further amendment to the complaint after the initial grant of summary judgment based on an incorrect legal standard, we remand to allow review under the correct legal standard. And, if the trial ...

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02-1725-CR State v. Darby

Vonnie D. Darby appeals pro se from a judgment of conviction and an order denying his postconviction motion for a resentencing hearing. Darby contends that he is entitled to a resentencing hearing following our decision in State v. Darby, No. ...

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02-2559 U.S. v. Grasser

“[W]e have held open the possibility that a sentencing court might depart from the guidelines ‘when the circumstances surrounding the payment of restitution demonstrate a degree of acceptance of responsibility that is truly extraordinary and substantially in excess of that ...

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02-1701 Hubbard v. Messer

“Section 109.11(2)(b) unambiguously indicates that for an employee to file a wage claim action, the employee must, at the time suit is commenced, allege entitlement to wages the employer has not yet paid. That is, a claim for penalty wages ...

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01-706 Sprietsma v. Mercury Marine

“The FBSA does not expressly pre-empt petitioner’s common-law tort claims. Section 10’s express pre-emption clause – which applies to ‘a [state or local] law or regulation’ – is most naturally read as not encompassing common-law claims for two reasons. First, ...

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02-1504 U.S. v. Bosque

“Bosque could have gone to trial to preserve his defense of coercion, a purely legal issue, and not lost his opportunity to receive an acceptance of responsibility reduction. Cunningham, 103 F.3d at 599. He also could have challenged the government’s ...

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01-3075 Dawson v. Goldammer

“Wis. Admin. Code sec. ATCP 134.08(3) is clearly designed to protect the tenant from a provision landlords often insert solely for the purpose of discouraging tenants from enforcing their legal rights. … To refuse to allow a tenant in this ...

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02-1227 Perkins v. Anderson

Robert Perkins appeals the order dismissing his action against Virginia Anderson. His complaint alleged that Anderson failed to disclose a material defect when he purchased a home from her. The circuit court dismissed the action as a sanction for Perkins’ ...

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02-1390 Perkins v. Lawson

“The jail officials in this case took steps to obtain treatment for Perkins. Nurse Walters sent him to the hospital, where twice he was found not to be in serious distress, a finding which seems to be in error. But ...

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