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

“‘Complete’ could mean not only that the planned cleanup procedures have been carried out but also that all subsequent monitoring has ceased. On the other hand, it might mean, more modestly, that the remediation measures are finished, but that occasional ...

Anthony Bogdanovich appeals a judgment denying certiorari relief from the decision of the Town of Three Lakes Board of Supervisors that denied his application for construction of a road to his landlocked property. He argues that the board lacked discretion ...

“Current Goldschmidt employees were once Witco employees and were covered by the CBA. Witco’s failure to maintain the ‘full force and effect’ of the CBA in the sale to Goldschmidt is an arbitrable violation for former Witco employees, regardless of ...

Richard King appeals judgments entered in favor of Mary Schmitt and William Pangman on their claims against King for conversion and misrepresentation. King’s complaints are that the damages awarded by the jury were improper because the jury miscalculated the proper ...

“Here, ALJ Kelly decided not to give Voss’ opinion controlling weight because she seriously doubted its credibility. We do not overturn an ALJ’s credibility determinations unless they are ‘patently wrong.’ See id. at 887. ALJ Kelly determined that Voss was ...

Terrance A. Garner appeals from a judgment entered after a jury found him guilty of first-degree reckless homicide, while using a dangerous weapon, as party to a crime. He also appeals from an order denying his postconviction motion. Garner claims: ...

“Even the Commissioner concedes the ordinariness of Freightways’ FLIP expenses for companies in the trucking business. Not only are they ordinary, but as Freightways points out, they recur, with clockwork regularity, every year. Both this court and the IRS have ...

La’Shone Jackson appeals from a judgment of conviction. The issue is whether the court erred in denying his request for a continuance on the day of trial. We affirm. This opinion will not be published. Dist I, Milwaukee County, McMahon, ...

“We agree with the defendants that the Illinois law claims Vorhees is trying to assert may very well be preempted by the Federal Aviation Act (though we make no ruling on that question at this time). But the fact that ...

The court is equally divided on whether to affirm or reverse the decision of the court of appeals, and the decision of the court of appeals is affirmed. Attorneys: For Appellant: James A. Pelish, Rice Lake For Respondent: Phillip M. ...

Antonio Settles appeals a judgment of conviction and an order denying his postconviction motion. The issues are whether the circuit court erred by admitting certain evidence as an excited utterance, whether trial counsel was ineffective for not objecting when this ...

“It is clear that Walker was in physical pain (not many people find vomiting too comfortable). But whether the physical pain was so acute as to make his confession involuntary depends on the underlying facts of the situation. The district ...

“While we do not mandate any particular procedure that litigants must follow, we note that both Nichols and the State agree that the factual question of the proper tolling date could be relatively easily resolved in most cases by the ...

Gregory Robinson appeals his convictions by a jury of intimidating a victim, criminal damage to property, and disorderly conduct. He also appeals an order denying postconviction relief. In his postconviction motion, Robinson raised and again raises on appeal, three arguments. ...

“The prosecutor’s comment was made in the context of an assessment of Young’s explanation of the tape recorded conversation. In the interest of presenting the complete picture, the prosecution introduced both the tapes and Young’s testimonial explanation as to what ...

“Among other things, American Family’s claims representatives negotiated with Nugent, made payments to Nugent for property damage loss, made a settlement offer to Nugent, and reached a settlement with a passenger in Nugent’s vehicle. American Family agrees that during this ...

Steven Edidin appeals an order revoking his operating privilege for failing to submit to chemical testing as required under Wis. Stat. sec. 343.305. Edidin contends that because the arresting officer did not comply with Wisconsin’s Implied Consent Law, the circuit ...

“Maro committed eight robberies in 1989, six in Illinois and two in Wisconsin. He was charged in both the Northern District of Illinois and the Western District of Wisconsin. The Wisconsin case was transferred to Illinois, pursuant to Rule 20 ...

Thomas M. Teubel appeals from an order of the trial court dismissing his complaint against Prime Development, Inc. and Robert B. Clemen, and a judgment awarding Clemen $11,618.40 in costs and attorney’s fees. Because the trial court based its order ...

Annette Memmer appeals a judgment of conviction entered after revocation of probation and an order denying her postconviction motion. The issue is whether she received ineffective assistance of counsel during probation revocation proceedings. We affirm. This opinion will not be ...

“Of course use may support an inference of possession. A person might test positive for marijuana if he never touched the stuff but spent a lot of time around heavy smokers and ended up with some of the drug in ...

James Hishmeh and his wife, Cathy Hishmeh, appeal a default judgment entered in favor of Northern Visions Inc., and an order denying their motion to vacate the default judgment. They argue that the circuit court failed to obtain personal jurisdiction ...

Robert Moss appeals a judgment convicting him of possession of cocaine with intent to deliver it. He claims the trial court erred in denying his motion to suppress evidence which police seized from a residence he was occupying at the ...

“At trial, the prosecution submitted a mountain of evidence to establish that Reyes was aware of his legal duty not to export Munitions List articles to Iran or any foreign country without a license. This evidence included expert testimony establishing ...

Margaret Smith appeals a judgment and an amended judgment for damages granted by the trial court on remand from this court. The judgments awarded her $813,200, but Margaret argues that she should have received the amount awarded in the original ...

Timothy D. Lewis appeals from judgments entered after he pled no contest to battery while armed, and guilty to disorderly conduct while armed. He also appeals from an order denying his postconviction order seeking discovery of the victim’s medical records. ...

Michelle Peters appeals her divorce judgment. She challenges the property division, arguing that the trial court erroneously valued her former husband, Joseph’s, interest in a family corporation at zero, when the undisputed book value was $279,000. She also argues that ...

“We note first that late claimants in admiralty proceedings need not show ‘good cause.’ See In re M.V. President Kennedy, Ltd., No. 98 Civ. 8126 CSH, 2000 WL 351425, at *2 (S.D.N.Y. Apr. 5, 2000). See also In re Flinchum, ...

Gordon Robinson appeals from the judgment divorcing him from Shirley Robinson. He challenges a requirement that he pay a substantial portion of Shirley’s attorney fees, a lump sum payment in lieu of a maintenance obligation, a finding regarding a maintenance ...

“Locher argues that the sanction was an order of criminal contempt and that he was entitled to notice and a hearing under Fed. R. Crim. P. 42(b). Judge Mills did not specify the legal basis for the imposition of sanctions ...