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

“Ameritech contends that the 30-day, just-cause, and arbitration provisions of the collective bargaining agreement demonstrate that its actions were reasonable, and thus that Amos’s misconduct should not be attributed to the employer. … It did not take Ameritech’s managers long ...

“In sum, in view of the current state of the record, we conclude that the Johnsons have presented claims upon which relief may be granted. The record is insufficient for us to determine whether public policy considerations bar the Johnsons’ ...

“[T]he owners’ desire to use the lower portion of their garage structure for storage is not a prohibited use under the applicable zoning. Therefore, the owners did not need a variance. Instead, the owners’ proposed use merely conflicted with the ...

Sammy J. Gates appeals pro se from a circuit court order denying his Wis. Stat. sec. 974.06 (1999-2000) postconviction motion. We affirm. This opinion will not be published. Dist II, Winnebago County, Schmidt, J., Per Curiam Attorneys: For Appellant: Sammy ...

“[Graham v. Connor, 490 U.S. 386 (1989) and Anderson v. Creighton, 483 U.S. 635 (1987)] refute the excessive force/probable cause distinction on which much of respondent’s position seems to depend. The deference owed officers facing suits for alleged excessive force ...

“Forgery cannot be committed by the making of a genuine instrument, although the statements made therein are untrue. The term ‘falsely’ has reference not to the contracts or tenor of the writing, or to the fact stated in the writing, ...

Malcolm M. Mumm appeals from the denial of his suppression motions and his conviction of operating a motor vehicle with a prohibited blood alcohol concentration (BAC) second offense. He contends that the illegal seizure of his blood sample and the ...

“Congress undertook to negotiate with the Coeur d’Alene Tribe for reduction in the territory of an Executive Order reservation that Idaho concedes included the submerged lands at issue here. Congress was aware that the submerged lands were included and clearly ...

Randy Smith appeals orders committing him as a sexually violent person under Wis. Stat. Ch. 980 and denying his motion to withdraw the stipulation upon which the commitment was ordered. He argues that he was entitled to an evidentiary hearing ...

OMVWI; prior convictions; fresh pursuit William C. Rosenberg has appealed from judgments convicting him of operating a motor vehicle while intoxicated (OWI), sixth offense and of bail jumping. Rosenberg contends that the trial court erred when it permitted two prior ...

“Section 2244(d)(2) … employs the word ‘State,’ but not the word ‘Federal,’ as a modifier for ‘review.’ It is well settled that ‘ ‘[w]here Congress includes particular language in one section of a statute but omits it in another section ...

Mississippi Sports and Recreation, Inc. (MSR), a marina operator on the Mississippi River, appeals from a judgment in favor of Monty and Sue Berger. Both sides alleged breaches of two boat slip rental agreements. After a bench trial, the court ...

David G.K. appeals from a judgment of conviction for sexual assault of a child and incest, and from an order denying postconviction relief. The issue on appeal is whether the prosecutor breached the plea agreement. We conclude that the prosecutor ...

“[T]he fact that a river as a whole is navigable is not dispositive for purposes of maritime law. See, e.g., Leblanc v. Cleveland, 198 F.3d 353 (2d Cir. 1999) (dammed river not navigable even though it was capable of supporting ...

This is an appeal from a declaratory judgment in which the trial court determined that an agreement between Nekoosa Papers Inc., and Johnson Timber Corporation, Bayside Timber Corporation, and Magnum Timber Corporation (hereinafter “Johnson Timber”) was unambiguous, permitting the agreement ...

Sebastian C. Ransom appeals from a judgment of conviction for possession of cocaine with intent to deliver and from an order denying his motion for postconviction relief. On appeal, Ransom asserts that he should be allowed to withdraw his no ...

“[I]n spite of Dempsey’s failure to obtain the fees she requested, we note that she has set forth several reasonable arguments regarding the manner in which her fee requests were handled. For example, the bankruptcy court never provided her with ...

Worker’s compensation; surveillance evidence; experts William B. Diel appeals from an order dismissing his complaint challenging a decision of the Labor and Industry Review Commission (LIRC). LIRC affirmed an administrative law judge’s (ALJ) denial of permanent partial disability due to ...

Daniel Luedke appeals from a judgment convicting him of two counts of felony impersonating a peace officer and from an order denying his motion for postconviction relief. Luedke argues that his guilty plea was not knowingly, intelligently, and voluntarily entered. ...

“Although Majchrzak did receive the position that Dombrowski wanted, he was not similarly situated to Dombrowski at the time of his promotion. Dombrowski and Majchrzak were not similarly situated because they did not hold the same or equivalent positions at ...

Worker’s compensation; credible and substantial evidence D & G Trucking, its insurer and the Labor and Industry Review Commission appeal an order that reverses the commission’s decision denying worker’s compensation benefits to Joseph Parenteau. They argue that credible and substantial ...

Frank Sackatook, Jr., appeals judgments convicting him of first-degree sexual assault of a child and burglary. He also appeals an order denying his motion to withdraw his no contest pleas. We conclude that the trial court properly denied the motion ...

“[A] bright-line rule that the RLA does not preclude claims brought under other federal statutes cannot be reconciled with the requirement that when conducting a preclusion inquiry a court must examine each federal statute to determine the effect that Congress ...

Petitioner Leslie L. Kuper appeals from a court order finding her liable to her ex-husband, respondent Craig A. Kuper, for $40,184, representing back taxes, interest, and penalties assessed against Craig by the state and federal governments. Leslie also contends that ...

Pha Vue appeals his judgment of conviction for two counts of attempted first-degree intentional homicide. Vue argues the trial court erred as a matter of law by: (1) determining that Vue’s statement was admissible even though it was taken after ...

“[A]ll three of the riffed employees were at least 40. But only five of the 32 employees in the department were under 40, which means that, assuming the choice of employees to riff was random, there was a 59 percent ...

David Friedman appeals a summary judgment dismissing his insurer, USAA Casualty Insurance Co. He contends that his USAA uninsured and underinsured motorist policy covers his injuries because they were caused by an accident. Alternatively, Friedman argues that summary judgment should ...

Crystal Porter appeals from a judgment of conviction entered on her guilty plea to keeping or maintaining a drug house, and from an order denying her request for postconviction relief. Porter claims: (1) she did not voluntarily consent to the ...

“Section 401(c)(5) provides: ‘No person shall be subject to liability under this part [for breach of ERISA fiduciary duties] for conduct which occurred before [December 31, 1998] on the basis of a claim that the assets of an insurer (other ...

This is a wrongful death action arising out of an automobile accident in which Sally Peters was killed and her son, Justin, was severely injured. Mary Sevcik, as personal representative of the Estate of Sally Peters, and Justin, by his ...