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01-2174 Bank One, Wisconsin v. Koch

This is because the statute’s reference to “all damages” incorporates the American rule of damages that attorneys’ fees are not recoverable by a prevailing party unless certain exceptions apply. “In this case, the statute under which Stair seeks recovery does ...

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00-3065 State v. Williams

“Given Koresch’s qualifications and experience, her close connections to the tests and procedures implicating Williams, and her expert opinion that the tested substance contained cocaine, we determine that the admission of her testimony did not violate Williams’ right to confrontation.” ...

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99-3204 State v. Schwebke

Although defendant argued that the statute requires a “public disturbance,” not merely personal distress, the plain language of the statute requires only a “disturbance” and does not require the conduct necessarily to reach the public in some capacity. “[S]imply because ...

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00-2545 State v. Trochinski

Although defendant asserts that he did not understand the elements of the offense with which he was charged because he did not understand the meaning of “harmful to children,” we conclude that the trial court properly rejected defendant’s request to ...

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01-1218 Valley Land Company v. Salmon

John and Harriet Salmon appeal a judgment granting Valley Land Company specific performance on a land contract. After trial to the court, the court found that the parties’ conduct did not make time of the essence as to the Oct. ...

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01-2712 Ripple Management v. Goodavage, et al.

Diana Goodavage appeals the judgment of eviction based on a stipulation she entered into with Ripple Management. She contends the circuit court erroneously exercised its discretion in denying her motion for relief from the stipulation. We conclude the court properly ...

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01-131 Gisbrecht v. Barnhart

This conclusion is bolstered by Congress’ 1990 authorization of contingent-fee agreements under sec.406(a), which governs fees for agency-level representation. It would be anomalous if contract-based fees expressly authorized by sec.406(a)(2) at the administrative level were disallowed for court representation under ...

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01-2579 Brisbane v. Vallencillo

Peter Vallecillo challenges the circuit court’s order of a domestic abuse injunction against him. Vallecillo argues that there was insufficient evidence to find reasonable grounds to believe that Vallecillo might engage in domestic abuse of Nanci Brisbane, the petitioner. Because ...

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00-3905 Berman, et al. v. Young, et al.

“Based on our review of the record, Amanda and Pilar failed to produce evidence creating a genuine issue of fact as to the reasonableness of Young and Threatt’s suspicions of abuse. The district court was correct in determining that Young ...

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01-1933 Montalvo v. Borkovec, M.D.

“First, requiring the informed consent process here presumes that a right to decide not to resuscitate the newly born child or to withhold life-sustaining medical care actually existed. This premise is faulty. … “[I]n Wisconsin, in the absence of a ...

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01-0432 Willkomm v. Soriano, et al.

In this medical malpractice case, the appellants, the deceased patient’s husband and the special administrator of the estate of the deceased patient, raise five issues, none of which has merit. The issues are: (1) whether the evidence supports the jury’s ...

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01-1966 State v. McKee

Although we agree with defendant that Wis. Stat. sec. 939.71 is ambiguous because it does not plainly express the legislature’s intent regarding its application when facts necessary for the prosecution of a given crime do not come into existence until ...

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01-1514-CR State v. Paul

John Paul appeals from judgments convicting him of arson, criminal damage to property and nine counts of first-degree recklessly endangering safety and from an order denying his postconviction motion for a new trial due to ineffective assistance of counsel. He ...

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01-2724 Zambrano v. Reinert

“The Secretary asserts that Wisconsin’s interest in treating seasonal fruit and vegetable processing workers differently is to ensure that workers receiving unemployment compensation benefits are firmly committed to the Wisconsin labor market. Because fruit and vegetable processing occurs during only ...

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01-3376 State v. Storlie

“It is undisputed that the stop sticks were deployed in the normal course of law enforcement, resulting in their destruction. Under the facts presented, we are satisfied that the police department is not a victim within the meaning of Wis. ...

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01-2556-CR State v. Mackessy

Michael Mackessy appeals his conviction for disorderly conduct, attempted battery to a law enforcement officer and resisting a law enforcement officer. His convictions arose out of an interaction with police officers that occurred at his apartment on May 16, 2000. ...

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01-3379, 01-3699 Szmaj v. AT&T

“We can imagine, though with some difficulty, a society of bookworms in which a person unable to read more than 50 percent of the time would be deemed unable to engage in a major activity of life. That is not ...

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01-2870 County of Fond du Lac v. Derksen

“To the contrary, both this court and the Wisconsin Supreme Court have repeatedly recognized that the operation of a motor vehicle is a privilege properly regulated by the state. …And when that privilege is abused by operating without a valid ...

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