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

There is no question that FERPA’s confidentiality provisions create no rights enforceable under sec. 1983. The provisions entirely lack the sort of individually focused rights-creating language that is critical. FERPA’s provisions speak only to the Secretary, directing that “[n]o funds ...

“With respect to FHK, the district court correctly explained that there are several ways that a non-signatory can be bound by a contract, such as through the doctrines of assumption, agency, equitable estoppel, veil piercing, and incorporation by reference. See ...

Defendant is a native of Laos; defense counsel requested an interpreter but none was found; at the preliminary hearing defendant said he was having difficulty understanding the proceedings; at the plea hearing he said that he was understanding “not much” ...

Even though Dr. Semler was not qualified to diagnose the child’s neurological injuries, Dr. Semler was qualified to testify about the cause of what the neonatologist identified as the child’s neurological damage. Wisconsin Stat. Rule 907.03. It would be readily ...

These sections are enforceable through private causes of action, whose remedies are coextensive with those available in a private action under Title VI of the Civil Rights Act of 1964. See sec. 203 of the ADA and sec. 505(a)(2) of ...

“NIS drivers drove truckloads of steel to designated delivery points, loosened the restraints on the loads, and occasionally helped to rig the load. While the steel itself was fashioned by Vulcan into catwalks, handrails, and other structures that were vital ...

David Fanello and Shelly Weeth appeal a summary judgment dismissing their negligence action against Trempealeau County and Sheriff Ralph Weisenberger. The trial court concluded that the County and sheriff are immune from suit under Wis. Stat. sec. 893.80(4). Fanello and ...

John D. Tiggs, Jr. appeals from an order denying his motion to change a judgment of conviction to reflect his legal name, Akinbo Jihad Suru Hashim, rather than his given name. We hold that whether there is a positive right ...

There is no doubt that the interests the ordinance assertedly serves-the prevention of fraud and crime and the protection of residents’ privacy-are important and that the Village may seek to safeguard them through some form of regulation of solicitation activity. ...

“[T]he record demonstrates that Dr. Pope had concluded that O’Neal passed the baseline statewide medical examination, and the defendants knew it. Dr. Pope checked the ‘no’ box next to each baseline condition listed in O’Neal’s 1977 fund application and signed ...

Defendant was on trial for OWI; after the State rested, defendant asserted that he had consumed only one alcoholic drink at a local restaurant and therefore could not have had a blood alcohol concentration of .12. The prosecutor attempted to ...

Harbury’s complaint did not come even close to stating a constitutional denial-of-access claim upon which relief could be granted. It did not identify the underlying cause of action that the alleged disruption had compromised, leaving the District Court and the ...

“[A]s we have pointed out, charging royalties beyond the term of the patent does not lengthen the patentee’s monopoly; it merely alters the timing of royalty payments. … However, we have no authority to overrule a Supreme Court decision no ...

HMB Contractors Inc. appeals from a judgment of the trial court in favor of Hribar Trucking Inc. in this small claims breach of contract action. HMB argues that the trial court erroneously determined that accord and satisfaction by use of ...

Utah argues that the words “actual Enumeration” require the Census Bureau to seek out each individual and prohibit it from relying on imputation, but the Constitution’s text does not make the distinction that Utah seeks to draw. Rather, it uses ...

“The arbitrator interpreted the passage we quoted from the collective bargaining agreement to permit the company to require an employee to take a urine or blood test for drugs only if there is reasonable cause to believe him under the ...

Quad Creative Inc., Quad Creative LLC, and Quad Merger Inc. (collectively, Quad), appeal from the judgment entered after a jury found them liable to Eclipse Media Inc. (Eclipse) under the theories of breach of contract, quantum meruit, and promissory estoppel, ...

The Illinois HMO Act is directed toward the insurance industry, and thus is an insurance regulation under a commonsense view. Although an HMO provides healthcare in addition to insurance, nothing in the saving clause requires an either-or choice between healthcare ...

“[W]ithout deciding whether the fruit of the poisonous tree doctrine can ever apply to a Miranda violation, we turn to whether Elstad’s underlying logic (a first confession that is voluntary, but that violates Miranda, will not bar the admission of ...

Brian T. appeals an order setting the amount of child support for each of his five children. He argues that: (1) strict application of the percentage of income standards is unfair; (2) strict application of the percentage of income standards ...

The FICA statute’s language, taken as a whole, does not prevent using an aggregate estimation method. Fior D’Italia claims that, because sec. 3121(q) speaks in the singular – “tips received by an employee in the course of his employment” – ...

“Campbell’s motion did not request any relief from his criminal conviction or sentence-his motion requested only disclosure of what took place before the grand jury that indicted him. It was not an attack on the fact or duration of his ...

William Jacoby appeals from a post-divorce order that replaced his limited-term family support obligation with a maintenance award of indefinite duration. He claims that the trial court erred by failing to find that a substantial change of circumstances had occurred, ...

Local governmental units are created to exercise such of the State’s powers as the State may entrust to them in its absolute discretion. Mortier, 501 U.S., at 607-608. In contrast to programs in which Congress restricts that discretion through its ...

“Because Apprendi is concerned with the identity of the decisionmaker, and the quantum of evidence required for a sentence, rather than with what primary conduct is unlawful, it identifies a new rule of criminal procedure that falls within the set ...

Frederick N., Sr., appeals from an order terminating his parental rights to Frederick A.N. Jr., and Queen Adella Marie N., entered on the trial court’s finding that he was in default. We reverse. This opinion will not be published. Dist ...

A contrary reading is not consistent with the ordinary meaning of “pending,” which, in the present context, means until the completion of the collateral review process; i.e., until the application has achieved final resolution through the State’s postconviction proceedings. Petitioner’s ...

“Here the district court did not cite Mr. Travis’ obstructive conduct as the basis for denying an adjustment for acceptance of responsibility. Instead, the district court denied the adjustment because Mr. Travis downplayed the illegality of his operation of Maple ...

Jeffrey A.T. appeals from a juvenile court dispositional order adjudging him delinquent of one count of first-degree sexual assault of a child and one count of fourth-degree sexual assault, and from an order denying postdispositional relief. Jeffrey argues: (1) the ...

Applying Bostick’s framework to this case demonstrates that the police did not seize respondents. The officers gave the passengers no reason to believe that they were required to answer questions. When Lang approached respondents, he did not brandish a weapon ...