Please ensure Javascript is enabled for purposes of website accessibility
Home / News/page 1170

News

01-2703 U.S. v. Fleischli

“Fleischli argues that a gun does not fire automatically unless it uses a portion of the energy of a firing cartridge to extract the fired cartridge and chamber the next round without a separate pull of the trigger. He derives this meaning from the United States Code’s definition of ‘semiautomatic.’ He also claims the minigun is akin to a Gatling ...

Read More »

00-4052, 00-4100 SNA Nut Company v. The Haagen-Dazs Company Inc.

“HD filed a proof of claim in SNA’s bankruptcy case on Sept. 13, 1996, and two weeks later, HD filed a jury demand in the second adversary action. Subsequently, on Dec. 4, 1996, the bankruptcy court disallowed HD’s proof of claim with prejudice when it approved a settlement in the first adversary proceeding. We conclude that HD’s actions were sufficient ...

Read More »

01-3450 Hardaway v. Young

“The state courts did note that Youth Officer Geraci was present at the 7:00 and 10:45 p.m. statements, but we agree with the district court that this fact is meaningless. As far as the record shows, Geraci provided about as much assistance to Hardaway as a potted plant. … We wish to make it clear that a state-provided youth officer ...

Read More »

01-2182 Gladney v. Pendleton Correctional Facility

“Usually suits are dismissed as frivolous because there is absolutely no legal basis for the plaintiff’s claim. Sometimes, however, a suit is dismissed because the facts alleged in the complaint are so nutty (‘delusional’ is the polite word) that they’re unbelievable, even though there has been no evidentiary hearing to determine their truth or falsity. … That was the basis ...

Read More »

01-4336 Wilson v. Battles

“Wilson relies on case law from other circuits in which courts have held that the term ‘pending’ encompasses time during which a petitioner could have sought further appellate review of a post-conviction petition. This argument is misplaced. In Wilson’s case, further appellate review was no longer available. Instead, the state supreme court rendered a final judgment on his petition. Although ...

Read More »

01-2959 Hutson v. State

“Second, and in a closely related sense, Hutson’s memo, asking that ‘reasonable guidelines be established that would enable [her] to perform [her] job to best meet the needs of the protection of the community, the Department of Corrections and [her]self as agent in the Minimum/Administrative unit,’ presented more than a personal complaint of ‘the mere failure to act in accordance ...

Read More »

00-4230 Brokaw v. Weaver, et al.

“That proceeding was brought under the Juvenile Court Act which, at the hearing stage, allowed the court to ‘consider only the question whether the minor is abused, neglected, delinquent, in need of supervision, or dependent.’ 705 Ill. Comp. Stat. 405/2-18. Because the Juvenile Court Act did not provide A.D. with a mechanism to present a claim against her relatives and ...

Read More »

01-3568 U.S. v. Franklin

“Franklin urges us to reject the reasoning of our sister circuits and conclude instead that escape does not involve a serious risk of physical injury to others because ‘such speculation is neither supported by the facts nor permitted by the law.’ Franklin may disagree with the other circuits’ assessment of the potential risk, but he offered no evidence, statistical or ...

Read More »

02-0129 Mullen v. Estate of Petit

Although plaintiff maintained that his emotional injuries arose from his own bodily injuries and were, therefore, payable under his own “per person” limit, we disagree. “[B]ut for the death of his wife, Mullen would not have an emotional distress claim based on witnessing her death. That he suffered his own injuries is irrelevant to the issue of how the policy ...

Read More »

01-2334 O'Grady v. Village of Libertyville

“We recognize that courts have disagreed about what it takes to categorize a statute as punitive, and that the Ninth Circuit has held that Alaska’s sex offender registration law requiring convicted sex offenders to register with the police is punitive for purposes of the Ex Post Facto Clause. See Doe I v. Otte, 259 F.3d 979 (9th Cir. 2001), cert. ...

Read More »

01-3376 U.S. v. Sines

“Sines argues that the requirement to take periodic polygraph examinations as part of a sex offender treatment program was not part of his original sentence at all. He bases this argument on the fact that, according to the transcript of the sentencing hearing, the court required Sines to participate in a ‘sex offender treatment program, including periodic progress, as directed ...

Read More »

02-0372 Schwartz v. Wisconsin Department of Revenue

“The Commission concluded that it would be reasonable to allocate to the covenant not to compete the $112,278 paid to Schwartz under the Agreement prior to the expiration of the covenant on March 1, 1991. This amount consisted of the $100,000 payment made to Schwartz upon closing, plus two months of principal payments of $6139 pursuant to the promissory note. ...

Read More »

01-1158 Daniels v. The Area Plan Commission of Allen County

“Here there is no determination that commercial development in and of itself would serve some overriding public purpose. In fact there is no limit as to the actual commercial or residential purposes that HNS may use the property. Under sec. 3-6-13-2 of the Allen County Zoning Ordinance land zoned C-2A may be used to provide ‘goods and services that meet ...

Read More »

01-1158 Daniels v. The Area Plan Commission of Allen County (57819)

“Here there is no determination that commercial development in and of itself would serve some overriding public purpose. In fact there is no limit as to the actual commercial or residential purposes that HNS may use the property. Under sec. 3-6-13-2 of the Allen County Zoning Ordinance land zoned C-2A may be used to provide ‘goods and services that meet ...

Read More »

01-2204 In Re the Marriage of: LeMere v. LeMere

Marcia LeMere appeals the property division, child support and maintenance portions of a judgment dissolving her marriage to Michael LeMere. Marcia argues that the trial court erred by failing to (1) equally divide the marital estate; and (2) follow the percentage guidelines for child support. Marcia also contends that the trial court erroneously set maintenance at a level that does ...

Read More »

01-1744, 01-2119 Liu v. Price Waterhouse LLP

“[O]btaining copyright protection in the derivative work was beyond the scope of the permissible uses authorized by the June 7, 1995 letter agreement. See 1 NIMMER ON COPYRIGHT sec. 3.06, at 3-34.26 at 26(1) (2002) (‘[T]he right to claim copyright in a noninfringing derivative work arises by operation of law, not through authority from the copyright owner of the underlying ...

Read More »

02-0448 State ex rel. Slagoski v. Kingston, et al.

Joshua Slagoski appeals from a pair of orders dismissing his claims for certiorari review of a prison disciplinary decision and declaratory judgment regarding related administrative code provisions. We affirm. This opinion will not be published. Dist IV, Dane County, Callaway, J., Per Curiam Attorneys: For Appellant: Joshua Slagoski, Portage For Respondent: Richard A. Victor, Madison

Read More »

00-3314 Heinz v. Central Laborers' Pension Fund

“Before the amendment, plaintiffs had the right under the plan to work as construction supervisors and continue to receive their monthly benefit payments. When disqualifying employment was redefined to include work “in any capacity in the construction industry (either as a union or non-union construction worker),” and when the Fund applied that definition to supervisory work, the plaintiffs lost their ...

Read More »

02-0159-CR, 02-0160-CR State v. Stock, et al.

Dorian Stock and Beth Zurkowski appeal from judgments convicting them of two counts of failing to provide adequate shelter to animals confined outdoors. Defendants make four arguments: (1) the criminal complaints did not provide adequate notice of the charges against them; (2) the jury instruction given did not contain an essential element of the crime; (3) trial counsel was ineffective ...

Read More »

01-3966 Sonnleitner v. York

“Under the first prong of this inquiry, we agree with Sonnleitner that the Institute may have violated his procedural due process rights by failing to accord him a predisciplinary hearing on the unenumerated (i.e., the more serious) charges contained in the Bellaire report. However, under the second prong of the qualified immunity analysis, Sonnleitner has failed to establish that this ...

Read More »

02-0002-CR State v. Leair

Nicholas Leair appeals a judgment entered on a jury verdict convicting him of burglary while armed with a dangerous weapon, armed robbery, two counts of kidnapping, two counts of false imprisonment, and attempted taking and driving a vehicle without the owner’s consent. He also appeals an order denying his motion for postconviction relief. Leair argues (1) the trial court improperly ...

Read More »

01-2038 Jones v. Union Pacific Railroad Co.

“Jones asserts that he was not insubordinate or quarrelsome with Agent Brody. His argument is, in essence, that under the applicable summary judgment standards we must accept his version of the facts as true, and, as such, Union Pacific could have no legitimate reason for firing him. Jones misapprehends the applicable standards. While we do accept his version of the ...

Read More »

01-2135-CR State v. Defliger

Robert DeFliger appeals a judgment convicting him of second-degree sexual assault. He also appeals an order denying his motion for postconviction relief. DeFliger claims the trial court erred in denying his motion to dismiss the information for lack of specificity and on double jeopardy grounds. He also contends that the trial court erred in denying a request for a continuance, ...

Read More »

01-3977 Brines v. XTRA Corp.

“Its vagueness alone would make it impossible for a court to provide any relief to the members of the class, who are seeking after all cash rather than the establishment of a program left to the employer’s discretion to establish and define at some undetermined future time. What is an ‘appropriate’ separation program? The possibilities are endless. And by when ...

Read More »

00-3598 Trustees of the AFTRA Health Fund v. Biondi

“[L]ike the Second Circuit, we conclude that it would be improper ‘to hold pre-empted a state law in an area of traditional state regulation based on so tenuous a relation without doing grave violence to our presumption that Congress intended nothing of the sort.’ Dillingham, 519 U.S. at 334. It would, in our opinion, elevate ‘uncritical literalism’ to a new ...

Read More »

01-3495 Bloomer Housing Ltd. Partnership v. City of Bloomer

Taxpayer’s apartment buildings are federally subsidized under § 515 of the 1949 Housing Act; in exchange for the low initial investment and interest credit, the apartments are subject to conditions and restrictions, including (1) tenants are limited to persons making less than 80% of Chippewa County’s average monthly income, and they may not pay more than 30% of their income ...

Read More »

01-3245 Cage v. McCaughtry

“The district judge refused to grant a certificate of appealability, but we granted one, limited however to the question ‘whether [the petitioner] was denied his constitutional right to an impartial jury by the seating of a juror who provided potentially equivocal assurances of impartiality during voir dire.’ This amounts to asking whether the judge has an obligation to dismiss a ...

Read More »

01-3116 State v. Mielke

Officers responded to defendant’s residence on a report that defendant had struck his girlfriend and that she was spitting blood. Both officers were experienced in domestic abuse calls, and one had been called to this residence for this purpose several times. Even though the victim met the officers on the porch and said that nothing was wrong, where officers noted ...

Read More »

02-1960 Dunlap v. Litscher; 02-2008 Hunt v. U.S.; 01-2082 Lanzotti v. U.S.

“Hunt based his Rule 60(b) motion, filed while his request for a certificate of appealability from the district court’s denial of his habeas corpus application based on a similar ground was pending in this court, on the ubiquitous Apprendi decision. After we denied the certificate on the ground that Hunt had made ‘no substantial showing of the denial of a ...

Read More »

01-2479 Taylor v. Cress Funeral Service Inc.

John Taylor appeals a small claims judgment entered in his favor against Cress Funeral Service, Inc. The judgment awarded Taylor $1,184 for unpaid wages, together with costs and statutory attorney fees. Taylor claims the trial court erred in concluding that Cress did not violate Wisconsin’s wage payment statute, Wis. Stat. § 109.03 (1999-2000). Taylor further claims the trial court erred ...

Read More »