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

Congress is presumed to draft limitations periods in light of the principle that such periods are customarily subject to equitable tolling unless tolling would be inconsistent with statutory text. Tolling is appropriate here. Petitioners’ Chapter 13 petition erected an automatic ...

Binta Njai appeals an order which dismissed her petition for a divorce from Ray Lang. She claims the circuit court erred in concluding that it lacked jurisdiction to grant Njai a divorce. We agree that the circuit court erred and ...

New York insists that retail transactions are subject only to state regulation, but the electric industry has changed since the FPA was enacted, at which time the electricity universe was neatly divided into spheres of retail versus wholesale sales. The ...

Steve and Jane Meyer appeal an order dismissing Rural Insurance Company from this action. The issues are whether: (1) the insurer established on summary judgment that its policy did not provide coverage, and (2) there is a dispute of material ...

Relying on the canon that expressing one item of a commonly associated group or series excludes another left unmentioned, Vonn claims that Rule 11(h)’s specification of harmless-error review shows an intent to exclude the plain-error standard with which harmless error ...

Mary G. appeals an order terminating her parental rights to her son, Shannon G. Appellate counsel filed a no merit report pursuant to Wis. Stat. Rule 809.32 and In re Ashley A.T., 218 Wis.2d 160, 579 N.W.2d 293 (Ct. App. ...

“[T]he Agreement provides for 50% recapture of appreciation on whichever of the following dates occurs first: the Agreement’s expiration on September 14, 1999, the date plaintiffs pay the loan in full, the date the plaintiffs cease farming, or the date ...

The Village of Lake Delton appeals the dismissal on summary judgment of its action to compel James Roberts to remove a backyard deck which the Village alleged violated a local setback ordinance. We conclude that the deck complied with the ...

“Just as Sandin dealt with prison regulations, it also dealt with a prison and a prisoner. Although the WRC, in part, houses correctional inmates, it cannot be termed a prison with regard to Chapter 980 patients. The entire premise of ...

Martin McGlone appeals an order remanding him to the custody of the Outagamie County Sheriff to serve jail time of 1,160 days for failure to pay forfeitures. McGlone argues that his right to due process was violated because the court ...

“On the facts of this complaint, Delgado had information about criminal activity that potentially involved an immediate relative of an elected official, who also happened to be a close personal friend of Chief Jones. Fully divulging this information to his ...

Josephine Eckendorf appeals a judgment that declares the interest of herself and her neighbors in an easement. This matter returns to this court following a reversal and remand. Eckendorf argues that (1) there is no language in the easement that ...

“When her peers worked on mathematics, she was exposed to various numbers. When the class studied meteorology and weather patterns, she looked at pictures of clouds. Beth cannot participate in class discussion or lectures. “We find it unnecessary at this ...

William Adney appeals a summary judgment dismissing his legal malpractice claim against Robert Kettering Jr. Kettering represented Adney in a personal injury action brought by Michael Gronquist. Adney contends that summary judgment was inappropriate because (1) Kettering failed to establish ...

“In this case, there can be no question that Officer’s Suchy’s actions did not impact Martinez-Camargo’s substantive rights. Martinez-Camargo’s primary complaint – indeed, his only complaint – is that Officer Suchy both arrested and examined him. Martinez-Camargo must therefore demonstrate ...

William H. Thornton, Jr. appeals from orders denying his Wis. Stat. sec. 974.06 motion, seeking dismissal of his penalty enhancer convictions based on State v. Peete, 185 Wis.2d 4, 517 N.W.2d 149 (1994) (holding state must prove nexus between underlying ...

“In the present case, the record is replete with evidence for the jury to conclude that both Inglese and Baumhardt were deliberately ignorant. For example, Officers Kelly and McClain both testified that they told Inglese and Baumhardt that Officer McClain ...

“The basis for the PSC decision is that the proposed rate increase would be used to benefit a select group of customers by providing a subsidy for the replacement of the privately-owned lead laterals, which those customers are responsible for ...

Chris Howard appeals orders denying his motions for sentence modification and reconsideration. Howard claims the State failed to present sufficient evidence to prove that he was a repeater and that defense counsel performed ineffectively by failing to bring the omission ...

“[W]e are satisfied that the amount of preparation time provided to teachers during the workday directly impacts on fundamental educational policy issues such as: (1) how many and what types of classes can be offered to students; (2) how will ...

Venturedyne Ltd. appeals from an order finding it in contempt for violation of its obligation under a stipulation to construct an impermeable cap for a large industrial waste disposal site. Venturedyne claims: (1) the trial court erred in making the ...

Larry White Eagle appeals a judgment convicting him of first-degree sexual assault of a child. He claims the trial court should have allowed him to withdraw his guilty plea prior to the imposition of his sentence. We disagree and affirm. ...

Where attorney Thomas D. Baehr failed to keep a client informed about the status of a matter, willfully failed to cooperate with the Office of Lawyer Regulation grievance investigations, failed on termination of the representation to take steps to protect ...

Nadine Butler appeals a divorce judgment. She argues that the trial court erroneously found that her marriage was irretrievably broken and that there was no reasonable prospect of reconciliation. Because the record supports the trial court’s determination, we affirm the ...

Ronald Dion appeals from a set of judgments convicting him of burglary, aggravated battery, and two counts of interfering with the custody of the other parent. Dion challenges the trial court’s exclusion of a prior consistent statement he made to ...

Where attorney Mark R. Prichard has acknowledged that he cannot successfully defend himself against 77 counts of professional misconduct in 20 separate client matters as alleged against him in a disciplinary complaint prepared the Office of Lawyer Regulation, a complaint ...

Melanie Guth appeals an order denying her request for costs and actual attorney fees in this custody and placement dispute. Melanie argues that she is entitled to costs and fees under Wis. Stat. sec. 804.12(3) as a matter of law ...

Jermaine V. Dantzler appeals from a judgment entered on a jury verdict convicting him of one count of first-degree reckless homicide. He also appeals from an order denying his postconviction motion. Dantzler claims that he is entitled to a new ...

“In the present case, the acts that Dunlap seeks to admit are not even close to the type of act he is accused of committing. Dunlap is alleged to have committed an act of finger-to-vagina sexual contact with possible digital ...

Daniel G.H. appeals orders establishing child support and amending a paternity judgment. Daniel argues that the jury’s finding that he did not consent to sexual intercourse should bar or reduce his child support obligation. The State cross-appeals and argues that ...