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

This case involves a motion to intervene. Claiming that the trial court committed reversible error, Linden Properties LLC, (Linden) appeals an order denying its motion to intervene in the Town of East Troy’s (Town) challenge to the legality of the ...

Two arguments made by the United States to support its claim that sovereign immunity does not apply to FMC proceedings are unavailing. That the FMC’s orders are not self-executing does not mean that a State is not coerced into participating ...

John and Harriet Salmon appeal a judgment granting Valley Land Company specific performance on a land contract. After trial to the court, the court found that the parties’ conduct did not make time of the essence as to the Oct. ...

Prosecution history estoppel does not bar the inventor from asserting infringement against every equivalent to the narrowed element. Though estoppel can bar challenges to a wide range of equivalents, its reach requires an examination of the subject matter surrendered by ...

Diana Goodavage appeals the judgment of eviction based on a stipulation she entered into with Ripple Management. She contends the circuit court erroneously exercised its discretion in denying her motion for relief from the stipulation. We conclude the court properly ...

This conclusion is bolstered by Congress’ 1990 authorization of contingent-fee agreements under sec.406(a), which governs fees for agency-level representation. It would be anomalous if contract-based fees expressly authorized by sec.406(a)(2) at the administrative level were disallowed for court representation under ...

Peter Vallecillo challenges the circuit court’s order of a domestic abuse injunction against him. Vallecillo argues that there was insufficient evidence to find reasonable grounds to believe that Vallecillo might engage in domestic abuse of Nanci Brisbane, the petitioner. Because ...

“[T]here is no absolute bar to the transfer of a multidefendant suit to a district in which one of the defendants cannot be served. But that leaves the question whether a defendant in a multidefendant suit who cannot be served ...

Further, the court properly exercised its discretion in not imputing income to the husband for his moonlighting work. “The court carefully considered Patricia’s arguments that it should impute moonlighting income to James, and it gave a number of reasons for ...

In an action brought by Trinidad Alvarez against Jack Flannery for the unlawful conversion of standing timber, a jury found in favor of Alvarez and awarded $18,000 in compensatory damages and $5,000 in punitive damages. The circuit court doubled the ...

“Based on our review of the record, Amanda and Pilar failed to produce evidence creating a genuine issue of fact as to the reasonableness of Young and Threatt’s suspicions of abuse. The district court was correct in determining that Young ...

“First, requiring the informed consent process here presumes that a right to decide not to resuscitate the newly born child or to withhold life-sustaining medical care actually existed. This premise is faulty. … “[I]n Wisconsin, in the absence of a ...

In this medical malpractice case, the appellants, the deceased patient’s husband and the special administrator of the estate of the deceased patient, raise five issues, none of which has merit. The issues are: (1) whether the evidence supports the jury’s ...

In deciding whether a particular use is fair, the ‘factors to be considered shall include’- and notice again that the listing is illustrative rather than exhaustive; Congress ‘intended that courts continue the common law tradition of fair use adjudication’ and ...

“As we have noted, no testimony was taken or evidence introduced during either the guardianship or estate proceedings. The only issue before the guardianship court on August 30, 2000, was whether a guardian of the estate should be appointed for ...

This is a products liability action in which Sandra Hensler claims that Ford Motor Company was negligent and strictly liable with respect to defects in the design of her 1987 Aerostar van; this negligence and the defects, she claims, were ...

“The ALJ, however, followed precisely this course. It is clear from the decision that the ALJ was influenced greatly by the fact that at least some of Old Ben’s evidentiary submissions could have been produced for the first hearing. According ...

“The judge understandably was troubled by the fact that the plaintiff had delayed till almost the last minute in attempting service and then had failed not once but twice to serve the defendant in the manner prescribed by Rule 4(j)(2). ...

Anthony Kowalski appeals from a circuit court order which affirmed the County of Milwaukee Employees’ Retirement System Annuity and Pension Board’s decision that he did not qualify for an accidental disability retirement pension. Kowalski contends that the pension board’s decision ...

“While Snipes and the other correctional officers were technically subject to the same written attendance policy and formal disciplinary process, the record also shows that the difference in supervisors under whom Snipes and the other correctional officers worked resulted in ...

Robert James Jackson appeals from the judgment, entered on the jury verdict in a declaratory judgment action, awarding National Casualty Company $505.92 in costs to be recovered from him. He challenges the jury instruction and the special verdict question. We ...

“At step three the ALJ needed to determine whether Steele was conclusively disabled based on one of the agency’s listed impairments. One relevant provision is listing 11.03, which deals with ‘minor motor seizures.’ It provides for a disability finding where ...

Romel M. appeals from the nonfinal circuit court order waiving juvenile court jurisdiction under Wis. Stat. sec. 938.18. He argues that the court failed to apply the proper criteria under sec. 938.18(5) “in finding that the evidence produced at the ...

“In this case, although the Beach group opposed the entry of a final order allowing the Spicer partners to participate in the settlement, the group proceeded to file amended tax returns along with ‘final and conclusive’ closing agreements shortly after ...

The City of Beaver Dam appeals an order relating to a real estate tax assessment for property owner Mary Klovers. The main issues are whether the circuit court could set the 2000 assessment as part of a certiorari review of ...

“The cardinal rule for reading multi-count indictments is that each count must stand on its own two feet; ‘[e]ach count … is regarded as if it was a separate indictment.’ United States v. Powell, 469 U.S. 57, 62 (1984) (quoting ...

Jesse Swinson appeals the circuit court’s order dismissing his petition for certiorari review of the decision of the disciplinary committee at Waupun Correctional Institution. We conclude that there was sufficient evidence to support the committee’s finding of guilt on all ...

“Despite the various factors he offered to the Wisconsin courts, Davis failed to satisfy the requisite showing of materiality to warrant an in camera review. First, Davis only argued to the state court that Vance was depressed, not delusional, and ...

Jimmy Bridges appeals from an order dismissing a petition for a writ of certiorari. Bridges, an inmate, sought review of his placement in administrative confinement. On appeal, Bridges raises several arguments cast in terms of due process. Because Bridges has ...

“As a general proposition, the statements of a non-conspirator are not admissible under Rule 801(d)(2)(E) … However, this is not a case where the district court admitted Smith’s statements as non-hearsay, but rather to provide context to a coconspirator’s statements ...