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

Stormy W. is seeking to withdraw her voluntary consent to the termination of her parental rights. She maintains that her consent was neither voluntary nor informed and her counsel provided ineffective assistance. We affirm since the circuit court conducted an ...

“The Agnew [v. American Fam. Mut. Ins. Co., 150 Wis2d 341 (1989)] decision makes it clear, contrary to the Martins’ argument, that in determining whether the multiple policies promise to indemnify an insured against the same loss, a court must ...

“[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 ...

Bobbie M. appeals from an order entered following a bench trial terminating her parental rights to her daughter Bianca. She claims that the trial court erroneously exercised its discretion. We affirm. This opinion will not be published. Dist I, Milwaukee ...

“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 ...

“[T]he question for us is not whether there may be a violation of the age discrimination law lurking somewhere here; the airline’s claim to treat all disqualified captains alike regardless of age is contested, and if it discriminates against captains ...

September D. and Ahamihl P., the parents of Ahayana P., appeal the order extending and revising the dispositional order in Ahayana’s CHIPS case. Ahamihl P. submits that the trial court erred in its interpretation of Wis. Stat. sec. 48.38(4)(d) (1999-2000) ...

“Attorney Ralph Kalal knowingly made false statements to this court during oral argument, in response to questions from members of the court. Under these circumstances, only a strong, unmistakable and public sanction will reinforce the attorney’s obligation of truthfulness and ...

“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, ...

“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 ...

State Farm Mutual Automobile Insurance Co. and its insured, Jeffrey J. Lagerholm, have appealed from a judgment entered after a jury trial, awarding damages to the respondents, Jenifer and Christopher Blodgett. The jury awarded the Blodgetts $26,750 for damage to ...

Accordingly, we reverse the Court of Appeals’ decision. “Samuel was formally charged with interference with custody, abduction, and sexual assault of a child. He moved in limine to suppress all of Tisha’s statements. At the hearing on the motion, Samuel ...

“In the instant case, while the trial court was authorized to impose consecutive sentences pursuant to Wis. Stat. § 973.15(2)(a), it never explained why it imposed the sentences consecutively such that Hall will never live long enough to serve them. ...

Brian A. Schultz appeals from a judgment convicting him of conspiracy to commit burglary, four counts of felony bail jumping, and solicitation to commit perjury, and from an order denying his postconviction motion. We reject Schultz’s challenges to the circuit ...

Accordingly, where police executed the warrant and found two computer disks of child pornography, defendant was properly convicted of 28 counts of child pornography. And, even though the 28 charges were identical, the charges were not unconstitutionally multiplicitous because they ...

Radiology Consultants, S.C., and nine of its individual shareholders (collectively, RC) appeal from a judgment dismissing their claims that Dr. Lee H. Huberty and United Hospital System, Inc. (UHS) caused the termination of RC’s contract to provide services to UHS’s ...

Nikolaus Nytsch appeals from the judgment convicting him of one count of first-degree sexual assault of a child. The issue on appeal is whether the trial court erroneously permitted hearsay testimony to be introduced. Because we conclude that the testimony ...

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, ...

Pastori Balele appeals an order affirming the Wisconsin Personnel Commission’s decision on his employment discrimination complaint. The Commission granted summary judgment on undisputed facts, deciding that George Lightbourn, the secretary of the Department of Administration (DOA), did not discriminate against ...

James A. Cundy appeals from a judgment of conviction of arson and from an order denying his postconviction motion for a new trial. He seeks a new trial in the interests of justice on the ground that a police officer ...

“The various objectors to the settlement, primarily intervening or would-be intervening plaintiffs who have claims that the settlement will release, contend that the settlement agreement is the product of a ‘reverse auction,’ the practice whereby the defendant in a series ...

Integrity Mutual Insurance Company appeals a judgment affirming an award of worker’s compensation benefits to Tammy Zahorik. The issue is whether there was sufficient evidence to support LIRC’s award. We directly review LIRC’s decision. See Stafford Trucking, Inc. v. DILHR, ...

Daniel P. Moen appeals from a judgment of conviction on one count of operating a motor vehicle while intoxicated, contrary to Wis. Stat. § 346.63(1)(a) (1999-2000). Moen claims that the evidence presented at trial was insufficient to prove beyond a ...

“In her charge of discrimination, Ms. Droge alleges that she has suffered discrimination on the basis of her national origin and sex because of UAL’s failure to make contributions to the French social security system on her behalf. The information ...

Micah Oriedo appeals an order affirming the Wisconsin Personnel Commission’s (WPC) decision to reject his discrimination complaint and an order denying his motion for reconsideration. Oriedo claims that the Department of Corrections, the Department of Employment Relations and the Division ...

Leandro Arechederra III appeals an order revoking his driving privileges for one year for refusal to submit to a breath test. Arechederra was arrested for operating a motor vehicle while under the influence of an intoxicant, contrary to Wis. Stat. ...

“Here, the appellants failed to plead facts that, if true, state a constitutional or section 1983 violation as a matter of law. Accepting all facts therein as true, the most liberal reading of the appellants’ complaint reveals only that the ...