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

“We have held time and again that a waiver of appeal stands or falls with the rest of the bargain. See, e.g., United States v. Jeffries, 265 F.3d 556 (7th Cir. 2001); United States v. Behrman, 235 F.3d 1049 (7th ...

“We therefore conclude that the doctrine of exhaustion of administrative remedies does not require that she appeal DETF’s determination to the Board before filing this action. … “In summary, we reverse the circuit court’s order dismissing the complaint because we ...

Randy and Rita O’Neill appeal the summary judgment dismissing their trespass complaint against James Reemer, owner of adjoining real estate, and Weyerhaeuser Company, which Reemer engaged to perform logging services. The trial court concluded that Wis. Stat. § 893.33(2) precluded ...

The State of Wisconsin appeals orders of the circuit court granting defendants Percell Parker’s and Cordell Bufford’s motions to suppress evidence. For the following reasons, we affirm. Not recommended for publication in the official reports. Dist IV, La Crosse County, ...

“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 ...

“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. … “Marriage is the ‘foundation of the family ...

Charles and Barbara Keller appeal a judgment denying their adverse possession action against Paul Sawyer. The Kellers contend that they obtained title by adverse possession to (1) land under a corner of their cottage and (2) a portion of land ...

The State appeals the order of the circuit court granting the motion of Natasha Ruetten to suppress evidence obtained in a search of her apartment pursuant to a search warrant. As a result of that evidence, Ruetten was charged with ...

“We conclude that under the unique circumstances of the case, including Mai’s and Nhia’s prior residence in a common-law marriage state, Mai’s status is one of spouse under Wis. Stat. § 895.04. … “Marriage is the ‘foundation of the family ...

“We reject Johnson’s strained reading of the language at issue. By asserting its priority claim to proceeds recovered by a plan beneficiary, and by expressly disclaiming application of the ‘Made-Whole Doctrine’ and the ‘Rimes Doctrine,’ we fail to see how ...

Robert and Joanne Derks appeal a judgment which directed a verdict against them on their claims for trespass, negligent destruction of property, and a violation of their rights as landowners abutting a public highway under Wis. Stat. sec. 80.47 (1997-98). ...

“Further, we conclude that claim preclusion should not apply because such application would result in unfairness to the MPA. Normally nonparties to an action are not bound to a judgment therein based on the principle that everyone should have their ...

“Further, we conclude that claim preclusion should not apply because such application would result in unfairness to the MPA. Normally nonparties to an action are not bound to a judgment therein based on the principle that everyone should have their ...

Further, the court properly ruled that defendant, with whom decedent had lived for many years, had failed to rebut the fact of decedent’s apparent on-going incapacity by showing that decedent had a “lucid interval” when he signed the will. “The ...

Curt and Dorothy Wenzel appeal from an order dismissing their personal injury claim against Kristy Peters and her insurer. The matter was tried to a jury. The trial court dismissed the complaint for insufficient evidence at the close of the ...

We further order that attorney Tjader pay the interest due on the delayed refund of attorneys’ fees in the amount of $132.72. Office of Lawyer Regulation; Per Curiam

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, ...

“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 ...