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01-2361 Walker v. Thompson, et al.

"Of course, if it became apparent in the course of the litigation that there was no overt act, the plaintiff's suit would have to be dismissed; but a failure of proof is not a failure to state a claim. The plaintiff attached to his brief in this court a document claiming that there was indeed ... Subscribe Login Digital and ...

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01-2011 Morters v. Barr, et al.

Ronald and Shannon Morters appeal the order granting partial summary judgment, and a later judgment entered in the respondents' favor. The Morters complain that the trial court: (1) erroneously exercised its discretion in consolidating their two cases; (2) erred in granting partial summary judgment; (3) erroneously exercised its discretion in granting a motion in limine; ... Subscribe Login Digital and ...

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01-1144, 01-2069 State v. Bessert

James Bessert appeals from a forfeiture judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC). Bessert challenges the trial court's ruling denying his motion to suppress evidence of a blood test. We affirm the judgment. This opinion will not be published.Dist II, Winnebago County, Gritton, J., Nettesheim, P.J.Attorneys:For Appellant: Ralph ... Subscribe Login Digital and ...

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01-2361 Walker v. Thompson, et al. (57061)

"Of course, if it became apparent in the course of the litigation that there was no overt act, the plaintiff's suit would have to be dismissed; but a failure of proof is not a failure to state a claim. The plaintiff attached to his brief in this court a document claiming that there was indeed ... Subscribe Login Digital and ...

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01-0927 Multi-State Specialized Transit Inc. v. McCain Foods Services Inc., et al.

Multi-State Specialized Transit Inc., appeals a summary judgment dismissing its breach of contract action against McCain Foods. The trial court concluded that the contract allowed McCain to terminate the agreement without giving thirty days' notice and an opportunity to correct Multi-State's breach of the environmental protection clause. Multi-State argues that the contract unambiguously required McCain ... Subscribe Login Digital and ...

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01-1449-CR State v. Lewis

Minko Lewis appeals from a judgment of conviction, following his guilty plea, for possession with intent to deliver cocaine, and from an order denying his motion for postconviction relief. He argues that the trial court erred in denying his motion to suppress.Specifically, he contends that the court should have granted his request for an evidentiary ... Subscribe Login Digital and ...

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01-1818 Payne v. Milwaukee County, et al.

"If sec. 1988 did not rest explicitly on a party's status as a 'pre vailing' party before fees could be recovered, we would have a different case. But it does, and this court has unequivocally held that defendants who make more generous Rule 68 offers than the winning plaintiff wins from a jury are not ... Subscribe Login Digital and ...

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01-2408 Kinko's Inc. v. Shuler, et al.

Craig Shuler, Robert Fenbert and Digicopy Inc. (collectively, Digicopy), appeal a summary judgment holding that Northern Insurance Company of New York did not have a duty to defend them in an action that Kinko's Inc., brought against them. We conclude that, when all doubts and inferences are resolved in favor of the insured, Digicopy has ... Subscribe Login Digital and ...

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01-2474 In Re the Commitment of Ruven Seibert: State v. Seibert

Ruven Seibert appeals an order denying his motion for supervised release under Wis. Stat. sec. 980.08. He argues that the trial court improperly allowed expert testimony from Lloyd Sinclair, who is not a licensed psychologist or psychiatrist. Sinclair opined that Seibert suffered from a disorder predisposing him to commit a crime of sexual violence. He ... Subscribe Login Digital and ...

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00-3118 Pleasureland Museum, Inc. v. Beutter, et al.

"We take note that stimulation of human genital organs forms part of medically-recognized therapeutic treatment for female sexual dysfunction."Because certain therapeutic treatments for sexual dysfunction often necessarily entail the stimulation of the human genital organs, see, e.g., Handbook at 269-73, Section 125.22 needs to provide standards for determining which of those two uses - stimulation ... Subscribe Login Digital and ...

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99-3199 Servais, et al v. Kraft Foods, Inc.

Where the court is equally divided on the question whether the decision of the court of appeals in Servais v. Kradt Foods, 2001 WI App 165 should be affirmed or reversed (Justices Crooks, Prosser and Sykes would affirm; and Chief Justice Abrahamson and Justices Bablitch and Bradley would affirm; Justice Wilcox did not participate), the ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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, MilwaukeeFor Respondent: Thomas C. Binger, Milwaukee Subscribe Login Digital and mobile only1 ...

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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 ... Subscribe Login Digital and ...

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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. ... Subscribe Login Digital and ...

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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. ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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, MilwaukeeFor Respondent: Warren M. Wanezek, ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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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 ... Subscribe Login Digital and ...

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