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01-3222 Peele v. Country Mutual Insurance Co.

“After carefully reviewing the record, we agree with Country Mutual that the evidence of Peele’s deteriorating job performance is overwhelming. In the 18 months leading up to her termination, she was repeatedly warned by the company, both verbally and in writing, that her job performance was unacceptable. “We are unpersuaded by Peele’s argument that evidence of her poor job performance ...

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01-3029 In Re the Termination of Parental Rights to Teresa W.: Racine County Department of Human Services v. Stormy W.

Stormy W. is seeking to withdraw her voluntary consent to the termination of her parental rights. She maintains that her consent was neither voluntary nor informed and her counsel provided ineffective assistance. We affirm since the circuit court conducted an adequate inquiry to determine that Stormy’s consent was voluntary and informed and correctly concluded that counsel zealously represented Stormy. This ...

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00-2344 Martin v. American Family Mutual Insurance Co.

“The Agnew [v. American Fam. Mut. Ins. Co., 150 Wis2d 341 (1989)] decision makes it clear, contrary to the Martins’ argument, that in determining whether the multiple policies promise to indemnify an insured against the same loss, a court must examine the policy’s coverage, the exclusions, and the purpose of the applicable exclusion. The purpose of the ‘drive other car ...

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01-2998 EEOC v. Board of Regents

“[T]he argument is, even though the EEOC would have the power to sue the states to remedy a pattern of intentional discrimination, the state retains immunity from this suit. If the individuals cannot sue, the EEOC should not be able to either. “Whatever wind might originally have been in the sails of this argument has been knocked out by EEOC ...

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02-0389 In Re the Termination of Parental Rights to Bianca M.: State v. Bobbie M.

Bobbie M. appeals from an order entered following a bench trial terminating her parental rights to her daughter Bianca. She claims that the trial court erroneously exercised its discretion. We affirm. This opinion will not be published. Dist I, Milwaukee County, Christenson, J., Fine, J. Attorneys: For Appellant: Lynn E. Hackbarth, Milwaukee For Respondent: Thomas C. Binger, Milwaukee

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00-0944 Yocherer v. Farmers Insurance Exchange

“An insured should not be required to proceed at the time of the accident under his or her underinsured motorist policy without any knowledge of the underlying tortfeasors’ liability or coverage or the insured’s own potential contributory negligence. For these reasons, we conclude that the cause of action in this case appropriately accrued on the date on which there was ...

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01-3513 Tice, et al., v. American Airlines, Inc.

“[T]he question for us is not whether there may be a violation of the age discrimination law lurking somewhere here; the airline’s claim to treat all disqualified captains alike regardless of age is contested, and if it discriminates against captains disqualified by virtue of their age it is violating the law. Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, ...

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01-2850 In the Interest of Ahayana P.: State v. September D., et al.

September D. and Ahamihl P., the parents of Ahayana P., appeal the order extending and revising the dispositional order in Ahayana’s CHIPS case. Ahamihl P. submits that the trial court erred in its interpretation of Wis. Stat. sec. 48.38(4)(d) (1999-2000) when it permitted Ahayana to move to Tennessee with her foster family. Both Ahamihl P. and September D. argue that ...

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00-1070 In the Matter of Disciplinary Proceedings Against Ralph A. Kalal, Attorney at Law

“Attorney Ralph Kalal knowingly made false statements to this court during oral argument, in response to questions from members of the court. Under these circumstances, only a strong, unmistakable and public sanction will reinforce the attorney’s obligation of truthfulness and candor in court and deter the sort of gamesmanship that Attorney Kalal’s conduct represents. We conclude that the gravity of ...

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01-3750, 01-3751 U.S. v. Crum

“The Crums rely on an alleged distinction between the ‘Treasury Department’ and the ‘Department of the Treasury.’ They assert that the ‘Treasury Department’ and the ‘Department of the Treasury’ are ‘distinct statutory entities, each with a separate identity, history, stature, location, composition, function, and authority’; that Officer Dietrich is a revenue officer who works for the Department of the Treasury ...

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01-1979 Wisconsin Seafood Inc. v. Fisher

Order affirmed. Recommended for publication in the official reports. DISSENTING OPINION: Hoover, P.J. “While I appreciate the trial court’s and the majority’s rationale, I would hold that Wisconsin Seafood was the prevailing party in the arbitration proceeding. I therefore respectfully dissent.” Dist III, Brown County, Atkinson, J., Peterson, J. Attorneys: For Appellant: Michael P. Dunn, Milwaukee For Respondent: Warren M. ...

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01-3302-FT Dee v. Market Square Housing LLC, et al.

Emily Dee appeals from a judgment dismissing her personal injury claim against Market Square Housing, LLC, and its insurer. She sued after being injured in a parking ramp under construction. On summary judgment the trial court held Dee more negligent than Market Square, the ramp’s owner, as a matter of law. The issue on appeal is whether the evidence submitted ...

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00-1680 State v. Jennings

“The Supreme Court’s decision in Davis means that Wentela and [State v.] Walkowiak, [183 Wis.2d 478 (1994] are no longer valid as a matter of Fifth Amendment law, and we therefore overrule them. We also decline, in this instance, to interpret the Wisconsin Constitution’s right against self-incrimination more broadly than the federal constitutional right.” Accordingly, on this question certified to ...

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01-2509 Johnson v. Commissioner of Internal Revenue,

“Izen’s complaint that the Tax Court based its finding of bad faith on his conduct in other cases is off the mark in two respects. The court placed primary reliance on his conduct in the present case; our recital of the facts showing that Izen recklessly, and in all likelihood intentionally, obstructed discovery was drawn from the Tax Court’s opinion. ...

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02-0022 Laska v. Laska

“Although the signature need not be handwritten, the term ‘subscribed’ cannot be read to dispense altogether with a written indication of assent. To give such an expansive meaning to the term would frustrate the purpose of the statute, which is to give certainty to what was agreed upon.” Accordingly, because the statute does not provide for a party to “subscribe” ...

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01-1254 Palumbo, et al. v. Kidder, et al.

Brian Kidder appeals and Karin Palumbo cross-appeals a judgment awarding Palumbo damages for injuries she suffered in a traffic accident. Kidder argues that the trial court should have granted his motion to change the $120,000 award for future loss of earning capacity to $14,400. He also argues that the evidence does not support the $120,000 figure and that the trial ...

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00-2636 State ex. Rel. Gerard Noel Haas v. McReynolds, Sheriff

“We have long and consistently held that the extraordinary writ of habeas corpus is not available to a petitioner when the petitioner has other adequate remedies available. … “In this case, there is no question that Haas had an otherwise adequate remedy: his direct appeal, which he voluntarily dismissed. Rather than seeking a separate habeas corpus writ, the appropriate course ...

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01-3384 U.S. v. Tully, et al.

“The claimants’ Notices of Claims requested that ‘their interests [i.e., alleged equitable liens] in this cause be protected by the [district court].’ However, at the time they filed this collective notice no such ‘interests’ had yet been established. Thus, while the claimants might have, at one time, possessed the ability to obtain equitable liens on Lot 32/33 by filing civil ...

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01-1393 State v. Franszczak

“The flaw in Franszczak’s argument lies in his assumption that the evidence was exculpatory when it was in the possession of the crime lab. When the evidence was seized and submitted to the crime lab, the State did not know whether the crime lab testing would produce inculpatory, exculpatory, or inconclusive results. The State submitted the evidence for testing to ...

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01-344 Thompson v. Western States Medical Center

The Government asserts that three substantial interests underlie the FDAMA: (1) preserving the effectiveness and integrity of the FDCA’s new drug approval process and the protection of the public health it provides; (2) preserving the availability of compounded drugs for patients who, for particularized medical reasons, cannot use commercially available products approved by the FDA; and (3) achieving the proper ...

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01-3099 U.S. v. Knox

“Defendants are entitled to competent appellate representation. Good advocates do not raise every non-frivolous legal issue. Counsel’s duty is to present those contentions that promote the client’s interest. Sometimes a litigant may want to take a potentially injurious step, and because it is his liberty that lies in the balance courts allow defendants to do so at trial. Thus before ...

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01-2126 State v. Konkol

“To put it bluntly, the defense takes its chances when offering a theory of defense and the State can keep knowledge of its legitimate rebuttal witnesses from the defendant without violating sec. 971.23(1)(d). … “Sound policy reasons support our holding that the State should not be barred from putting on legitimate rebuttal evidence simply because it correctly anticipated the defense. ...

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01-1228 In Re the Estate of Margaret Barber, deceased: Estate of Margaret Barber, by its Personal Representative, Franke, v. Stoviak

Carole Barber Stoviak appeals from a circuit court judgment admitting the will of her mother, Margaret Barber, into probate over Carole’s objection. The Last Will and Testament of Margaret Barber, dated Dec. 30, 1997, disinherited Carole and divided Margaret’s estate between her two other daughters including Barbara L. Franke, who is designated as Margaret’s personal representative and power of attorney. ...

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00-1250 U.S. Airways, Inc. v. Barnet

“The question is whether a proposed accommodation that would normally be reasonable is rendered unreasonable because the assignment would violate a seniority system’s rules. Ordinarily the answer is ‘yes.’ The statute does not require proof on a case-by-case basis that a seniority system should prevail because it would not be reasonable in the run of cases that the assignment trump ...

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01-2933, 01-2934 U.S. v. Anderson

“Anderson claims that the district judge should have held a hearing to determine whether Hoffeditz had, in fact, breached confidences that made their way to the feds… Judge Gilbert was well within his discretion to deny a hearing. Anderson’s argument has three analytical steps, two of which he has not alleged with sufficient detail, definiteness, or specificity to warrant a ...

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01-1753 Balele v. Wisconsin Personnel Commission and Department of Administration

Pastori Balele appeals an order affirming the Wisconsin Personnel Commission’s decision on his employment discrimination complaint. The Commission granted summary judgment on undisputed facts, deciding that George Lightbourn, the secretary of the Department of Administration (DOA), did not discriminate against Balele by hiring someone else for a vacant administrator’s position within DOA. The circuit court affirmed. We directly review the ...

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01-1842-CR State v. Cundy

James A. Cundy appeals from a judgment of conviction of arson and from an order denying his postconviction motion for a new trial. He seeks a new trial in the interests of justice on the ground that a police officer improperly commented on the veracity of witnesses and on one witness’s invocation of her Miranda rights. We conclude that if ...

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00-3122, 00-3178, 00-3181, 00-3182, 00-3367, 01-1239, 01-1617, 01-1654, 01-2231, 01-2339, 01-2445, 01-2747, 01-2785, & 01-3545 Cheryl Reynolds, et al. v. Beneficial National Bank, et al.

“The various objectors to the settlement, primarily intervening or would-be intervening plaintiffs who have claims that the settlement will release, contend that the settlement agreement is the product of a ‘reverse auction,’ the practice whereby the defendant in a series of class actions picks the most ineffectual class lawyers to negotiate a settlement with in the hope that the district ...

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01-2955 Integrity Mutual Insurance Company, et al. v. Zahorik, et al.

Integrity Mutual Insurance Company appeals a judgment affirming an award of worker’s compensation benefits to Tammy Zahorik. The issue is whether there was sufficient evidence to support LIRC’s award. We directly review LIRC’s decision. See Stafford Trucking, Inc. v. DILHR, 102 Wis. 2d 256, 260, 306 N.W.2d 79 (Ct. App. 1981). We affirm that decision and consequently the circuit court ...

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