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01-2998 EEOC v. Board of Regents

“[T]he argument is, even though the EEOC would have the power to sue the states to remedy a pattern of intentional discrimination, the state retains immunity from this suit. If the individuals cannot sue, the EEOC should not be able ...

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00-0944 Yocherer v. Farmers Insurance Exchange

“An insured should not be required to proceed at the time of the accident under his or her underinsured motorist policy without any knowledge of the underlying tortfeasors’ liability or coverage or the insured’s own potential contributory negligence. For these ...

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01-3750, 01-3751 U.S. v. Crum

“The Crums rely on an alleged distinction between the ‘Treasury Department’ and the ‘Department of the Treasury.’ They assert that the ‘Treasury Department’ and the ‘Department of the Treasury’ are ‘distinct statutory entities, each with a separate identity, history, stature, ...

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01-1979 Wisconsin Seafood Inc. v. Fisher

Order affirmed. Recommended for publication in the official reports. DISSENTING OPINION: Hoover, P.J. “While I appreciate the trial court’s and the majority’s rationale, I would hold that Wisconsin Seafood was the prevailing party in the arbitration proceeding. I therefore respectfully ...

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00-1680 State v. Jennings

“The Supreme Court’s decision in Davis means that Wentela and [State v.] Walkowiak, [183 Wis.2d 478 (1994] are no longer valid as a matter of Fifth Amendment law, and we therefore overrule them. We also decline, in this instance, to ...

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02-0022 Laska v. Laska

“Although the signature need not be handwritten, the term ‘subscribed’ cannot be read to dispense altogether with a written indication of assent. To give such an expansive meaning to the term would frustrate the purpose of the statute, which is ...

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01-1254 Palumbo, et al. v. Kidder, et al.

Brian Kidder appeals and Karin Palumbo cross-appeals a judgment awarding Palumbo damages for injuries she suffered in a traffic accident. Kidder argues that the trial court should have granted his motion to change the $120,000 award for future loss of ...

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01-3384 U.S. v. Tully, et al.

“The claimants’ Notices of Claims requested that ‘their interests [i.e., alleged equitable liens] in this cause be protected by the [district court].’ However, at the time they filed this collective notice no such ‘interests’ had yet been established. Thus, while ...

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01-1393 State v. Franszczak

“The flaw in Franszczak’s argument lies in his assumption that the evidence was exculpatory when it was in the possession of the crime lab. When the evidence was seized and submitted to the crime lab, the State did not know ...

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01-344 Thompson v. Western States Medical Center

The Government asserts that three substantial interests underlie the FDAMA: (1) preserving the effectiveness and integrity of the FDCA’s new drug approval process and the protection of the public health it provides; (2) preserving the availability of compounded drugs for ...

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01-3099 U.S. v. Knox

“Defendants are entitled to competent appellate representation. Good advocates do not raise every non-frivolous legal issue. Counsel’s duty is to present those contentions that promote the client’s interest. Sometimes a litigant may want to take a potentially injurious step, and ...

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01-2126 State v. Konkol

“To put it bluntly, the defense takes its chances when offering a theory of defense and the State can keep knowledge of its legitimate rebuttal witnesses from the defendant without violating sec. 971.23(1)(d). … “Sound policy reasons support our holding ...

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00-1250 U.S. Airways, Inc. v. Barnet

“The question is whether a proposed accommodation that would normally be reasonable is rendered unreasonable because the assignment would violate a seniority system’s rules. Ordinarily the answer is ‘yes.’ The statute does not require proof on a case-by-case basis that ...

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01-2933, 01-2934 U.S. v. Anderson

“Anderson claims that the district judge should have held a hearing to determine whether Hoffeditz had, in fact, breached confidences that made their way to the feds… Judge Gilbert was well within his discretion to deny a hearing. Anderson’s argument ...

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01-2785-CR State v. George

Eric R. George appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. George brought a motion for postconviction relief asking for a new trial on the same two grounds he raises ...

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