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

Julaine Kinnard appeals from an order transferring primary physical placement of the parties’ six-year-old daughter Walker from Kinnard to her ex-husband, Peter Kinziger. Kinnard argues that the trial court erroneously exercised its discretion by refusing to grant a continuance after ...

“Triana’s interrogatory is evidence of racial discrimination, since it suggests that Triana believed that Dr. Sanghvi could have difficulty forming patient relationships with white women because of his race. However, all of the other facts, which are basically undisputed, point ...

“Judge Crawford has engaged in seriously unacceptable judicial behavior. He has demonstrated no understanding of the impropriety of his behavior and therefore has expressed no remorse for it. Indeed, he has continuously portrayed himself as a maverick, an innocent victim ...

Ann Marie Jahimiak appeals an order denying her motion for increased maintenance from her ex-husband David Ralph Jahimiak. The dispositive issue is whether Ann demonstrated a substantial change in the parties’ financial circumstances. We conclude that she did not and ...

“[Unless an employer] is trying to encourage early retirement (which it isn’t) why would Sullair want a pension plan that rewards employees for quitting? Cf. McNab v. General Motors Corp., 162 F.3d 959 (7th Cir.1998). Employers can structure their plans ...

We reject the third-party buyer’s claim that under Wis. Stat. sec. 808.07(1) the option-holders were required to obtain a stay pending appeal in order to preserve the status quo after the circuit court entered judgment. Further, we find that the ...

Robert Moore appeals from an order amending the judgment annulling his marriage to Patricia Wathen. The appeal concerns rulings pertaining to the parties’ child custody arrangements and Moore’s efforts to change them. We affirm. This opinion will not be published. ...

“Having found that sec. 16(b) is limited to crimes in which the offender is reckless with respect to the risk that intentional physical force will be used in the course of committing the offense, we turn our attention to the ...

The debtor and the secured party engaged in a series of multi-million dollar financing transactions. The declaratory judgment was issued by default; it does not acknowledge and then confirm, in specific terms, a waiver of debtor’s right to redeem collateral ...

Sentry Insurance Company appeals an order which dismissed its action for a judgment declaring that its policy did not provide liability coverage to its insured, Rodney Davis, for an accident in which his vehicle was involved. The trial court declined ...

“We cannot adopt the approach that a splintered majority of the Board in Crammond supports. None of the positions articulated by the various Board Members who make up the majority present statutory interpretations that we have not considered previously. Thus, ...

Strict liability for injuries caused by defective and unreasonably dangerous products, as adopted by this court in Dippel v. Sciano, 37 Wis.2d 443, 155 N.W.2d 55 (1967), is liability in tort, not liability for negligence. The Dippel adaptation of the ...

John and Jo Close appeal from a judgment declaring that Jeff Pettis had acquired by adverse possession land previously titled to the Closes. They challenge the trial court’s findings that the disputed land had been substantially enclosed and cultivated or ...

“The application that Pepper signed does not specifically state that he agreed to delegate and assign his bargaining rights to the FDSA nor does the Labor Negotiations provision in the FDSA’s Constitution refer to each member having to designate for ...

Even though it is clear that the legislature intended retroactive application, at the time plaintiff’s cause of action accrued, plaintiff had a vested right to recover under an unmodified doctrine of joint and several liability. In applying the Martin test ...

Victor Salbashian appeals from the trial court’s decision granting summary judgment, thereby dismissing his claims for negligent construction against Opportunity Homes Inc. (OHI) and Wausau Homes Inc. (Wausau). On appeal, Salbashian argues that the trial court erred by applying the ...

“Doubtless RESPA is a broad statute, directed against many things that increase the cost of real estate transactions…. But the objective of a statute is not a warrant to disregard the terms of the statute. Congress always has some objective ...

“The features of the marketing scheme found important in Glickman are not present in the case now before us. As respondent notes, and as the Government does not contest …, almost all of the funds collected under the mandatory assessments ...

Plaintiff was injured in an accident at the intersection of town and county roads where the county stop sign was completely obscured by tree branches protruding from private land over the town right of way; an arborist testified that the ...

“By splitting the patent and trade-secret theories into two suits, the district court … directed the eventual appeals to two different courts. If things remain as they are, we will hear the state-law theories, and the Federal Circuit the patent ...

“At base, the government’s arrangement with Varela can be characterized as a problematic means of pursuing a drug case. During all of the critical junctures of the case, from the initial investigatory stage, up to and through the period in ...

“There is no significant functional difference between a party’s coordinated expenditure and a direct party contribution to the candidate, and there is good reason to expect that a party’s right of unlimited coordinated spending would attract increased contributions to parties ...

Gavin Priegel appeals from a judgment granting Gerald and Jeannie Draves, Mark and Dawn Wuerl, and Peter and Diane Wellinghoff (collectively, Draves) an easement over his property and permanently enjoining any conduct restricting exercise of the access easement. Priegel argues ...

Michael J. Arpke appeals from an order denying his motions challenging the forcible withdrawal of his blood, the constitutionality of dual OWI/PAC prosecution and the adequacy of the information provided to him pursuant to the Implied Consent Law. Because the ...

“Generally, Apprendi does not require facts pertinent to application of the Sentencing Guidelines to be determined under an elevated burden of persuasion… However, this is one instance where Apprendi is applicable to a determination made in accordance with the Sentencing ...

Here, defendant was charged with fifth offense operating after revocation of license (OAR). In order to prevent the progressively higher penalties that flow from repeat OAR offenses, he moved to invalidate his second OAR conviction, alleging that the no contest ...

Kenneth Kliese appeals a trial court order granting the motion of his former wife, Mariella Bates, to increase the maintenance he was ordered to pay her in the judgment of divorce entered on Feb. 13, 1997, after a trial in ...

“We agree with the district court’s conclusion that, on this record, any action taken by Mr. Smith to cause Mr. Honaker’s house to burn to the ground was not effectuated under color of state law. Mr. Honaker does not explain ...

“[T]here is plenty of … circumstantial evidence of the defendant’s intent to avoid tax. As in Guidry, the defendant was an accountant, moreover an experienced one; he personally prepared the fraudulent tax return; the sums taken were large (they amounted ...

“The State may not put so potent a Hobbesian stick into the Lockean bundle. The right to improve property, of course, is subject to the reasonable exercise of state authority, including the enforcement of valid zoning and land-use restrictions… The ...