Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

Donald R. Davis appeals from a judgment of conviction after a jury found him guilty of one count of knowingly violating a domestic abuse injunction order. Davis also appeals from an order denying his postconviction motion. He claims that he ...

“Of course, if it became apparent in the course of the litigation that there was no overt act, the plaintiff’s suit would have to be dismissed; but a failure of proof is not a failure to state a claim. The ...

Ronald and Shannon Morters appeal the order granting partial summary judgment, and a later judgment entered in the respondents’ favor. The Morters complain that the trial court: (1) erroneously exercised its discretion in consolidating their two cases; (2) erred in ...

James Bessert appeals from a forfeiture judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC). Bessert challenges the trial court’s ruling denying his motion to suppress evidence of a blood test. We affirm the judgment. ...

“Of course, if it became apparent in the course of the litigation that there was no overt act, the plaintiff’s suit would have to be dismissed; but a failure of proof is not a failure to state a claim. The ...

Multi-State Specialized Transit Inc., appeals a summary judgment dismissing its breach of contract action against McCain Foods. The trial court concluded that the contract allowed McCain to terminate the agreement without giving thirty days’ notice and an opportunity to correct ...

Minko Lewis appeals from a judgment of conviction, following his guilty plea, for possession with intent to deliver cocaine, and from an order denying his motion for postconviction relief. He argues that the trial court erred in denying his motion ...

“If sec. 1988 did not rest explicitly on a party’s status as a ‘pre vailing’ party before fees could be recovered, we would have a different case. But it does, and this court has unequivocally held that defendants who make ...

Craig Shuler, Robert Fenbert and Digicopy Inc. (collectively, Digicopy), appeal a summary judgment holding that Northern Insurance Company of New York did not have a duty to defend them in an action that Kinko’s Inc., brought against them. We conclude ...

Ruven Seibert appeals an order denying his motion for supervised release under Wis. Stat. sec. 980.08. He argues that the trial court improperly allowed expert testimony from Lloyd Sinclair, who is not a licensed psychologist or psychiatrist. Sinclair opined that ...

“We take note that stimulation of human genital organs forms part of medically-recognized therapeutic treatment for female sexual dysfunction. “Because certain therapeutic treatments for sexual dysfunction often necessarily entail the stimulation of the human genital organs, see, e.g., Handbook at ...

Lazaro M. appeals from the trial court’s order terminating his parental rights to Maria D.C.M. Lazaro M. argues that after the trial court issued its oral decision from the bench at the close of the dispositional hearing, it lost competency ...

Where the court is equally divided on the question whether the decision of the court of appeals in Servais v. Kradt Foods, 2001 WI App 165 should be affirmed or reversed (Justices Crooks, Prosser and Sykes would affirm; and Chief ...

“After carefully reviewing the record, we agree with Country Mutual that the evidence of Peele’s deteriorating job performance is overwhelming. In the 18 months leading up to her termination, she was repeatedly warned by the company, both verbally and in ...

“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. … “Marriage is the ‘foundation of the family ...

Charles and Barbara Keller appeal a judgment denying their adverse possession action against Paul Sawyer. The Kellers contend that they obtained title by adverse possession to (1) land under a corner of their cottage and (2) a portion of land ...

The State appeals the order of the circuit court granting the motion of Natasha Ruetten to suppress evidence obtained in a search of her apartment pursuant to a search warrant. As a result of that evidence, Ruetten was charged with ...

“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. … “Marriage is the ‘foundation of the family ...

“We reject Johnson’s strained reading of the language at issue. By asserting its priority claim to proceeds recovered by a plan beneficiary, and by expressly disclaiming application of the ‘Made-Whole Doctrine’ and the ‘Rimes Doctrine,’ we fail to see how ...

Robert and Joanne Derks appeal a judgment which directed a verdict against them on their claims for trespass, negligent destruction of property, and a violation of their rights as landowners abutting a public highway under Wis. Stat. sec. 80.47 (1997-98). ...

“Further, we conclude that claim preclusion should not apply because such application would result in unfairness to the MPA. Normally nonparties to an action are not bound to a judgment therein based on the principle that everyone should have their ...

“Further, we conclude that claim preclusion should not apply because such application would result in unfairness to the MPA. Normally nonparties to an action are not bound to a judgment therein based on the principle that everyone should have their ...

Further, the court properly ruled that defendant, with whom decedent had lived for many years, had failed to rebut the fact of decedent’s apparent on-going incapacity by showing that decedent had a “lucid interval” when he signed the will. “The ...

Curt and Dorothy Wenzel appeal from an order dismissing their personal injury claim against Kristy Peters and her insurer. The matter was tried to a jury. The trial court dismissed the complaint for insufficient evidence at the close of the ...

We further order that attorney Tjader pay the interest due on the delayed refund of attorneys’ fees in the amount of $132.72. Office of Lawyer Regulation; Per Curiam

Fairness and justice will not be better served by a categorical rule that any deprivation of all economic use, no matter how brief, constitutes a compensable taking. That rule would apply to numerous normal delays in obtaining, e.g., building permits, ...

“As defense counsel points out, Wis. Stat. § 939.66(2m) contains no language limiting its application to any particular provisions of the statutes or any types of batteries. Instead, the statute is applicable to the entire criminal code. Furthermore, the phrase ...

Dr. Keith A. Brown has appealed from a judgment entered after a jury trial, dismissing his complaint against the respondents, Classic Inns of Wisconsin, Inc., and its insurer, Society Insurance Company. We affirm the judgment. This opinion will not be ...

“The referee found that Mr. Mazza testified convincingly about the circumstances that led to his past substance abuse problems and criminal behavior. The referee noted Mr. Mazza has become active in Lawyers Concerned for Lawyers and the Lawyers’ Assistance Program, ...

“We determine that the trial court admitted the evidence of gang ties on the reasonable basis that such affiliations might color the testimony of the various witnesses. We acknowledge Long’s concern that evidence of a person’s gang ties may imply ...