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“[T]he day before the parties agreed to the terms of the settlement and unbeknownst to either party, the district court determined that OSI knowingly and intentionally coerced fraudulent statements and testimony from Malone, and entered default judgment against OSI in ...

“Kosmel turns to … a proposed amendment to the Sentencing Guidelines. The Sentencing Commission recently published on its website a proposed amendment to the money laundering guideline and explained that the amendment would tie offense levels for money laundering more ...

We conclude that the exclusive remedy provisions of sec. 66.05(3) apply only to claims premised on the reasonableness of the order to raze, not to claims such as those asserted by plaintiff which arise from acts that occur while carrying ...

Alan Mains and Wisconsin Medical Assistance (“Mains”) appeal from orders granting the motions of St. Mary’s Hospital of Superior, Joseph Richards, M.D. and Roberta DeMoure (collectively “the hospital”) to dismiss a medical malpractice claim that Mains filed against them. Mains ...

“The district court directed that interest would accrue (and be compounded) from the thirtieth day after the services generating a claim for fees were rendered. Bearing in mind that the purpose of a fee award is to reimburse the plaintiff ...

“[A]ll the sentencing judge said was that Atwater ‘either knew or should have known that a firearm would be involved in this case. I have never heard of a bank robbery without a firearm. That is sort of a given. ...

Wesley H. (Wesley), appeals from the circuit court dispositional order, following a trial in which the jury found, among other things, that Wesley’s children, Wesley Jr., Brittany, and Wendy, were “at substantial risk of becoming the victim[s] of abuse,” and ...

Robert and Lana Wiese appeal from a judgment ordering them to convey land to Third World, LLC. The trial court granted summary judgment in favor of Third World after it sued the Wieses for the specific performance of a land ...

Aubrey and Irma Walker appeal from a judgment, following a jury trial, awarding them damages but not attorney’s fees. The Walkers argue that the trial court was incorrect in ruling that Wis. Stat. sec. 100.18 (1999-2000) does not apply to ...

“The parties here agree that Neiman [v. American National Prop. & Cas. Co., 2000 WI 83] does not expressly state whether the court was addressing a ‘facial’ or an ‘as applied’ challenge to retroactive application of the increased damages cap. ...

Arnold and Diane Schleicher appeal a judgment granting Jeffrey and Jone Riester specific performance on an option to purchase real estate. The trial court separated this action from the Schleicher’s third party misrepresentation action against the real estate agent who ...

“Under Walker, municipalities do not have a duty to cut roadside vegetation. Walker does not distinguish between municipalities that are negligent because they have not cut roadside vegetation at all and municipalities that cut roadside vegetation, but do so negligently. ...

Martha Steil appeals from an order affirming a decision of the Division of Hearings and Appeals that denied her application for institutional medical assistance. Steil argues that she complied with the requirements for eligibility under Wis. Stat. sec. 49.453 (1997-98), ...

“The United States Supreme Court has stated that on its face, the protection of the Sixth Amendment is triggered only when a criminal prosecution has begun and extends only to those persons who have been accused in the course of ...

Mark Illick, d/b/a Illick Electric and his insurer, appeal a judgment awarding Arvid Ames, d/b/a Ames Whitetail Ranch, $34,875 for Illick’s negligence in causing the death of twenty-one deer on Ames’ ranch. After trial to the court, the court found ...

“Here, the State conceded that Vanmanivong met his minimal initial burden and acknowledged that the next step would be for the trial court to conduct an in camera inspection. The State offered to have the informants present to testify and ...

Beth Bauer appeals from the trial court order denying her motion to vacate a judgment dismissing her third-party claim against Integrated Mail Industries, Inc. We affirm. Publication in the official reports is not recommended. Dist I, Milwaukee County, Miller, J., ...

“Hirsch offers no evidence of misadventure that could account for the trauma sustained by Laurie. The jury heard testimony from other witnesses and heard tapes of Hirsch himself, which demonstrated that he gave conflicting explanations for the cause of Laurie’s ...

Rudy Treml, acting pro se, appeals from an order dismissing his small claims action against Eugene Zwisler based upon his failure to present trial evidence sufficient to establish a prima facie case. He contends that because the doctrine of res ...

Although there may be circumstances when, based on probable cause, an arrest is inevitable and therefore it is a mere formality whether arrest comes before or after the search, in this case no arrest was going to occur at the ...

Daniel P. Hart appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense. Hart argues that the trial court erred when it refused to allow him to introduce as evidence the results of his ...

Cartiere Binda in Liquidazione S.p.A. (Binda), an Italian paper manufacturer, appeals a judgment dismissing its third-party complaint against its insurer, Riunione Adriatica Di Sicurta S.p.A. (RAS). Binda argues that the circuit court erroneously determined that it had no personal jurisdiction ...

“The OLR complaint against Attorney Dumke alleged, and the referee so found, that after undertaking to represent a client in a specialized area of law with which he was unfamiliar and inexperienced, Attorney Dumke had failed to gain the requisite ...

Kelly Endl appeals the trial court’s judgment dismissing her claim against the School District of Beloit. Endl argues: (1) that the School District breached its voluntary agreement to settle her federal discrimination claim; (2) that the School District violated the ...

“Attorney O’Byrne’s misconduct with respect to his handling of the estate and his failure to cooperate with the OLR’s investigation are serious failings warranting a suspension of his license. A 60-day suspension of his license to practice law is appropriate ...

Gary Wistrom appeals a summary judgment dismissing his claims for wrongful disclosure of medical records against Employers Insurance of Wausau and its employee, Margery Derby. We conclude that, under Wis. Stat. sec. 102.13(2)(a), an employee waives the physician-patient privilege with ...

“Even though the motion for reconsideration is denied, we find it appropriate now to withdraw the following language from the third sentence in paragraph 3, ‘-where one of the victims was his own child’, and the following language from the ...

Marsha Machotka appeals from an order denying her motion to establish a past child support obligation against William Bartlett. Bartlett argues that Machotka’s motion is barred by Wis. Stat. sec. 767.32 (1997-98) and claim preclusion. We agree that Machotka has ...

“Although not applicable to the 1998 guidelines used in Gracia’s case, we note that as of Nov. 1, 2000, the Sentencing Commission amended the Statutory Index (Appendix A), specifying which guideline section applies to the statutory conviction. The Commission wrote: ...

Sheila M.S. appeals the circuit court’s determination of child support, which was entered subsequent to a judgment of paternity finding that Michael J.M. was the father of Sheila’s child. Sheila contends that the circuit court improperly relied on a stipulation ...