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01-1978 Eclipse Media Inc., et al. v. Quad/Creative Inc., et al.

Quad Creative Inc., Quad Creative LLC, and Quad Merger Inc. (collectively, Quad), appeal from the judgment entered after a jury found them liable to Eclipse Media Inc. (Eclipse) under the theories of breach of contract, quantum meruit, and promissory estoppel, and found Quad liable to Fred Eisenhauer and Mark Bosley on their claims of quantum meruit and promissory estoppel. Quad ...

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01-2707 Reid L., et al. v. Illinois State Board of Education, et al.

“These motions were filed nine years after the Corey H. litigation began; more than two years after the district court’s opinion finding the ISBE liable and singling out the state-wide teacher certification standards as a particular violation of the least restrictive environment rules; and more than ten months after the court approved the settlement agreement that formed the basis for ...

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01-2577 Sukanen v. School District of Monroe, et al.

Clyde Sukanen appeals an order granting the School District of Monroe summary judgment in this employment dispute. The District did not renew Sukanen’s contract. Sukanen claims the nonrenewal was unlawful because it violated district policy. We disagree and affirm the circuit court’s grant of summary judgment in favor of the District. This opinion will not be published. Dist IV, Green ...

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01-4049, 01-4050 Abbott Laboratories, et al. v. CVS Pharmacy, et al.

The district court’s reservation of jurisdiction to enforce the settlement entitled it to adjudicate a dispute between Abbott and CVS Pharmacy, which was in the class at the time of the settlement. But it does not create jurisdiction of claims against Revco (now formally “CVS Revco D.S., Inc.”), which had opted out, or CVS Corp., a holding company that has ...

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01-1521 In Re the Marriage of Manske v. Manske: Lach v. Hatala, et al.

Jennifer Hatala appeals the order giving custody and primary placement of her two daughters to her mother, Barbara Lach. She argues that the trial court applied the wrong standard in determining custody and erroneously exercised its discretion when it found that it was in the children’s best interests to award custody to their grandmother. Further, Hatala submits that the trial ...

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01-3549 Beer Capitol Distributing, Inc. v. Guinness Bass Import Company

If the court finds that reasonable people in the position of the plaintiff could reach only one conclusion – that the defendant’s statement was not a commitment but was instead “a mere prediction” or, in this case, an inquiry as to whether Beer Capitol could meet one of many conditions – summary judgment is appropriate. Id. (internal citations omitted). Beer ...

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01-2015 Knowles, et al. v. State Farm Mutual Automobile Insurance Company

The underinsured motorist coverage in an insurance policy issued by State Farm Mutual Automobile Insurance Company to Terri and Anthony Knowles did not contain a reducing clause that had been included in a previous policy issued to the Knowleses. The trial court entered judgment reforming the policy to include the reducing clause, and the Knowleses appeal. They claim that the ...

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00-3557, 00-4020 Gustafson v. Jones

“[E]ven if Gustafson and Cornejo were advancing some private interests when they raised concerns about Jones’s orders, their claim survives as long as they also intended to bring to light what they believed to be the negative law enforcement consequences of the new policy. The jury so found, and there is ample evidence in the record to support this conclusion. ...

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01-1024 Chippewa Valley Country Festival v. Little Black Mutual Insurance Company

Little Black Mutual Insurance Company appeals a summary judgment granted in favor of Chippewa Valley Country Festival. Little Black argues that the trial court erred by concluding that its policy covered Chippewa Valley’s claim for damages. We reject Little Black’s argument and affirm the judgment. This opinion will not be published. Dist III, Chippewa County, Cameron, J., Per Curiam Attorneys: ...

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01-1928 Acker v. EPA

“As a practical matter, the order has no legal force except to impose upon Acker the already-existing burden of complying with the CAA and its implementing regulations. … The order did not impose upon Acker any sanction or administrative penalty. … Without any practical, legal effect, there simply is no issue fit for judicial resolution. … Accordingly, we are without ...

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01-3471, 01-3472, 01-3473, 01-3474, 01-3475, 01-3476, 01-3477, 01-3478, 01-3479, 01-3480, 01-3481, 01-3482, 01-3483, 01-3484, 01-3485, 01-3486, 01-3487, 01-3488, 01-3489, 01-3490 Village of Trempealeau v. Mikrut

Mike Mikrut appeals a judgment finding him guilty of violating Village of Trempealeau, Wis., Ordinances secs. 8-4-8, 9-1-1, and 10-1-28(d) (2000), relating to the storage of junk vehicles and operation of junk and salvage yards. The trial court imposed a forfeiture of $1,532 for the violation of each ordinance resulting in forfeitures of $459 per day. The trial court found ...

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01-2887 NLRB v. River City Elevator Company, Inc.

“In this case, the NLRB hearing officer, whose findings were subsequently adopted by the Board, determined that no election violation had occurred because the benefits the Union extended to River City employees were not conditioned upon their support of the Union. This finding fails to consider the fact that the ‘gift’ in this case was far different from removing a ...

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01-1470 Steinle v. Steinle, et al.

Ruby Reinhardt and her husband, Christopher Reinhardt, appeal a judgment which determined that several living trust documents and a will prepared by Christopher Reinhardt and executed by Ruby’s brother, Chris Steinle, were invalid due to undue influence. Assuming that the estate planning documents were otherwise valid, the Reinhardts further claim that a certificate of deposit at the First Bank of ...

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00-4205 U.S. v. Trennell

“Here the alleged Apprendi error occurred not at sentencing, as the jury found drug quantity beyond a reasonable doubt, but only at the indictment stage. Therefore, in order for us to find an Apprendi violation, we would have to find that the failure alone of the indictment to state drug quantities that the prosecutor seeks to prove under sec. 841(b) ...

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01-3379-CR State v. Kennedy

Antoinette Kennedy appeals from a judgment entered after she pled no contest to one count of theftmovable property. She also appeals from an order denying her postconviction motion requesting that her judgment be vacated. Kennedy claims the trial court erroneously exercised its sentencing discretion by imposing an unduly harsh sentence, and that the trial court should have granted her postconviction ...

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01-3496 U.S. v. Johnson

“Although this case presents a close question, we believe that the factual record before the state court judge was sufficient to support a finding of probable cause and the issuance of the search warrant. It is true that the CI did not provide the level of specificity and detail that would have removed all ambiguity from the probable cause inquiry, ...

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01-0784 Conway v. International Assoc. of Firefighters, Local 311 v. Board of Police and Fire Commissioners, City of Madison

“Rule 7.20 does not, as Conway appears to contend, delegate to the hearing examiner the duty to make the ‘just cause’ determination or the appropriate disposition. Under Rule 7.20 the hearing examiner is required to provide to the board a comprehensive report, including an evaluation of witness credibility and demeanor, and recommendations for disposition of the matter. In addition, the ...

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01-1335 Trevino v. Ladd & Milaeger, et al.

Armando Trevino claims that the trial court erred when it granted summary judgment dismissing his legal malpractice action against his criminal defense attorney. We affirm because Trevino has failed to allege in his complaint or present evidence in opposition to the motion for summary judgment that he is actually innocent of the criminal charge of which he was convicted. Not ...

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00-4261 Simmons v. Chicago Board of Education

“Despite Simmons’s continued insistence that he had to approve trades as a fiscal duty to the Board, the Investment Policy is clear that it is Gotsch as chief fiscal officer, and not Simmons, who has ultimate investment authority. Gotsch was perfectly within his rights to determine that Simmons’s approval of individual trades was both unnecessary and wasteful, delaying the timely ...

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01-2567 Bill's Distributing, Ltd. v. Cormican et al

“This escalating liability for greater culpability builds on the general right to sue for timber trespass and defines new rights, defenses and obligations under the statute. We therefore conclude that the amended statute is substantively different.” However, plaintiff correctly notes that sec. 26.09 is not his exclusive remedy. He can also pursue common-law trespass, nuisance and negligence claims. “We therefore ...

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01-2036 Kmiec v. Vielehr, et al.

Phillip Kmiec and Diana Kmiec (hereinafter the Kmiecs) appeal from the judgment dismissing their trespass claim against Byron C. Vielehr. The judgment followed a jury verdict finding that Vielehr had not trespassed on the Kmiecs’ property. The issues on appeal are whether the circuit court properly denied the Kmiecs’ motion for summary judgment, whether the circuit court properly instructed the ...

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00-4309 Dvorak v. Mostardi Platt Associates, Inc.

“Dvorak has tried to … show that he did not misuse the laptop, and that he was doing a good job. But that evidence is unresponsive to the issue at hand. Dvorak needed to show instead that the decisionmakers at Mostardi-Platt did not believe that he had misused the computer and were lying when they expressed dissatisfaction with his work. ...

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01-1091 Dobbratz Trucking & Excavating, Inc. v. PACCAR, Inc. and Kenwirth Truck Co.

“John Jewell, Dobbratz’s mechanical expert who ran tests on the truck, testified that he had ‘never seen another dump truck not be able to steer when stationary on concrete’ and that the truck’s steering problems were ‘consistent with a malfunction.’ Further, Richard Sedgley, a civil engineer employed by Kenworth, testified that a dump truck with a load of less than ...

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01-3167-FT Berg, et al. v. Cauley, et al.

Loyal L. Berg and Cheryl A. Berg appeal from the judgment dismissing their complaint against Dr. James E. Cauley for medical malpractice. The issue on appeal is whether the trial court erred when it refused to grant the Bergs’ motion for a new trial. Because we conclude that the trial court did not err, we affirm. This opinion will not ...

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01-2255 Wells v. Unisource Worldwide, Inc.

“Despite its concession that Wells had established a prima facie case, Unisource did come forward with two legitimate, non-discriminatory reasons for its action. Unisource argued that it realigned the credit administrator positions in order to facilitate communication between its credit department and its sales department offices located in Appleton and New Berlin, Wisconsin, and secondly to improve customer relations and ...

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01-1035 League of Wisconsin Municipalities, et al. v. Wisconsin Department of Commerce

“Moreover, we note that Wis. Admin. Code § Comm 83 does specifically refer to the groundwater standards in several places. The department noted in its Record of Decision that its predecessor rule lacked any reference to the groundwater standards of Wis. Admin. Code ch. NR 140, but that the present ch. Comm 83 expressly incorporates them. For example, § Comm ...

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01-0680-CR State v. Toles

William Ray Toles appeals a judgment of conviction. The issues relate to whether his statement to police should have been suppressed. We affirm. This opinion will not be published. Dist IV, Rock County, Roethe, J., Per Curiam Attorneys: For Appellant: Patricia A. Fitzgerald, Mt. Horeb For Respondent: Jeffrey M. Gabrysiak, Madison; Jodi D. Bollendorf, Janesville

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01-1293 Cerros v. Steel Technologies, Inc.

“The district court acknowledged that it had to consider the totality of the circumstances, but its findings of fact fell short of what Harris, Oncale, and Breeden require; moreover, its ultimate conclusion does not seem to have taken into account the underlying facts it found earlier in the opinion. In terms of omissions, we do not know exactly how often ...

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01-1404 Kohlbeck d/b/a Dunbars Bear Necessities v. Reliance Construction Co. and Department of Transportation

“[T]he Kohlbecks were not required to specify exactly what their request for injunctive relief would entail. It is sufficient that they ‘state[d] a cause of action and … fairly inform[ed] the opposite party of what it [was] called upon to meet by alleging specific acts.’… “Because both legal and equitable remedies are made available, but the statute indicates no ‘entitlement’ ...

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01-2617-CR State v. Lowery

Ontario Lowery appeals from a judgment of conviction for one count of delivering cocaine and two counts of bail jumping. He argues that it was plain error to admit testimony that Lowery had sold cocaine in the past. Because we conclude that the real controversy was not fully tried, we reverse and remand for a new trial. Not recommended for ...

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