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99-3193 Vandenberg v. Continental Ins. Co., et al.

Because we find that reasonable persons in the position of the plaintiff in the present case could reasonably believe that they had coverage under this exception for the supervision and control of their own child, the rule of narrow construction against the insurance company applies to resolve the ambiguity in favor or the insured. Because there remain issues of fact ...

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01-0328 In Re the Termination of Parental Rights to Erin R. S.

Even though the trial court erred in its belief that the law mandates the questions to be considered in tandem, a close reading of the court’s disposition shows that the law was, in actuality, followed. As to the first question, the trial court was obviously convinced that the mother’s chemical abuse prevented her from cooperating with attempts to help her ...

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00-1281 Carroll v. DeTella

“The record establishes that the presence of lead in the water is due to the corrosion of the water pipes, which are made of lead that dissolves in the water – but only when the water is still, as it is overnight, when no one is using it. When the water is flowing, the lead in the pipes does not ...

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98-3002, 98-3300 Brunson v. Ward

“Brunson and Progressive contracted for $25,000 of UIM insurance, and Brunson paid a premium for that amount of coverage. However, Wis. Stat. sec. 632.32(4m)(d), in effect at the time Brunson purchased his policy, required UIM coverage of at least $50,000. By operation of law, the higher level of coverage is ‘read in,’ even though it was not reflected in the ...

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00-2176 Cohn, et al. v. Town of Randall

In the absence of a showing of detrimental reliance by the residents, we conclude that the town may still, after 70 years, accept the continuing offer to dedicate the roads for public use. We also find that the town’s actions in declaring the roads to be public highways, levying assessments, and awarding bids were not arbitrary, but rational acts based ...

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00-4161, 00-4175 Builders Association of Greater Chicago v. County of Cook

“A law that grants preferential treatment on the basis of race or ethnicity does not deny the equal protection of the laws if it is (1) a remedy for (2) intentional discrimination committed by (3) the public entity that is according the preferential treatment (unless, as is not argued here, the entity has been given responsibility by the state for ...

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99-1052 Danner v. Auto-Owners Insurance

“The duty of good faith and fair dealing is implied in the insurance contract. We interpret insurance contracts to meet the reasonable expectation of the insured. Therefore, we conclude that the correct view is that the duty of good faith and fair dealing exists at all times, including during the investigation, evaluation and processing of an underinsured motorist claim. “An ...

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01-0610-FT In the Matter of the Mental Commitment of Cheryl L.M.: Sheboygan County v. Cheryl L.M.

Cheryl L.M. appeals from an order entered pursuant to Wis. Stat. sec. 51.20(13)(g)3 extending her commitment to the Winnebago Mental Health Institute (WMHI) for 12 months. Cheryl maintains that Sheboygan County failed to present sufficient evidence to prove that she would be a proper subject for commitment extension if treatment were withdrawn. We affirm because we conclude that the County ...

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99-3023 Hoffman v. Caterpillar, Inc.

“Viewing the evidence in the light most favorable to Hoffman, we find that there is an issue of fact as to whether Hoffman would be able to operate the high-speed scanner. Because “Congress perceived that employers were basing employment decisions on unfounded stereotypes,” Siefken v. Vill. of Arlington Heights, 65 F.3d 664, 666 (7th Cir.1995), the ADA discourages employment decisions ...

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99-1142 Danbeck v. American Family Insurance Co.

“As this contract is written, UIM benefits are owed only when the tortfeasor’s liability insurance is insufficient to cover the UIM policyholder’s damages. According to the plain language of the policy, that insufficiency does not arise unless and until the full limits of the tortfeasor’s policy are paid out. In other words, the tortfeasor ‘motorist’ is not ‘underinsured’ as a ...

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00-1259 In Re the Marriage of: Nelson v. Nelson

Charlotte Nelson appeals from a judgment of divorce. The issue is whether the court erroneously exercised its discretion in dividing the property. We conclude it did not. We affirm. This opinion will not be published. Dist IV, Grant County, Vandehey, J., Per Curiam Attorneys: For Appellant: Roger G. Merry, Monroe For Respondent: Thomas H. Brush, Madison; Paul W. Schwarzenbart, Madison

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00-4144 Schaffner v. Glencoe Park District

“It is undisputed that the job posting required the applicant to hold one of several specific types of bachelor’s degrees: Education, Recreation or Social Work. Schaffner does not hold such a degree; rather, she had a bachelor’s degree in English. It is also undisputed that the candidate that the Park District chose to hire, Anderson, had a bachelor’s degree in ...

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99-1329 Taylor v. Greatway Insurance Co., et al.

“The result in the instant case is governed by our decision in Smith v. Atlantic Mutual Insurance Co. … Like the definition of underinsured vehicle in Smith v. Atlantic Mutual Insurance Co., we conclude that the definition of underinsured vehicle in American Family’s policies is unambiguous. 155 Wis. 2d at 811. The definition clearly requires that an underinsured vehicle must ...

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01-0616-FT In Re the Marriage of: Kinnard v. Kinziger

Julaine Kinnard appeals from an order transferring primary physical placement of the parties’ six-year-old daughter Walker from Kinnard to her ex-husband, Peter Kinziger. Kinnard argues that the trial court erroneously exercised its discretion by refusing to grant a continuance after the guardian ad litem introduced surprise evidence. We agree and therefore reverse the placement order with directions that the trial ...

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00-3613 Sanghvi v. St. Catherine's Hospital, Inc.

“Triana’s interrogatory is evidence of racial discrimination, since it suggests that Triana believed that Dr. Sanghvi could have difficulty forming patient relationships with white women because of his race. However, all of the other facts, which are basically undisputed, point to the conclusion that Dr. Sanghvi’s ethnicity played no role in the defendant’s decision to sell the practice assets to ...

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98-1046 State v. Outagamie County Board of Adjustment

“[W]e conclude that Wis. Admin. Code NR 116.13(2) conflicts with Wis. Stat. sec. 87.30(1g) and is therefore invalid to the extent that it prohibits all variances for residential floors below regional flood elevation. Finally, we conclude that the Board’s action complied with the procedures in the Outagamie County Shoreland-Floodplain-Wetland Zoning Ordinance. The variance in this case is fully consistent with ...

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98-3021 Paulman v. Pemberton

Defendant’s conversion of his mother’s property is not merely an assumption; it is a fact he conceded in the trial court. As part of the settlement stipulation, he agreed that if he failed to meet the stipulation’s terms, the trial court would enter judgment on the merits in favor of the estate. He did violate the agreement, and the trial ...

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95-3291, 00-1449 & 00-2788 Peabody Coal Co. v. McCandless

“Since Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), courts have understood the importance of ensuring that supposedly scientific testimony meets minimum scientific standards of accuracy… Our dispute does not entail a contest of admissibility. But it makes little sense to use scientific standards in performing the gatekeeping function and then permit the dispute on the merits to ...

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00-2934 Stroe v. INS

“The Board held that the Stroes in moving to reopen the deportation proceeding on the basis of Adkison’s alleged ineffective assistance had satisfied (1), but not (2) or (3). Regarding (2), the Stroes had notified Adkison with regard to his failure to file the brief on time, but not with regard to other claims of ineffective assistance on which they ...

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99-1734-CR State v. Dismuke

Defendant was on parole when he was charged with armed robbery and possession of a firearm by a felon. His parole was revoked, and he was sent to prison to begin serving the remainder of his sentence on the parole offense while awaiting trial on the two new crimes. During the intervening 19 months, defendant was repeatedly transported by Milwaukee ...

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00-5961 Tyler v. Cain

“The only way the Supreme Court can, by itself, ‘lay out and construct’ a rule’s retroactive effect, or ’cause’ that effect ‘to exist, occur, or appear,’ is through a holding. The Supreme Court does not ‘ma[k]e’ a rule retroactive when it merely establishes principles of retroactivity and leaves the application of those principles to lower courts. In such an event, ...

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00-2059-CR State v. Craig

Darnial C. Craig appeals from the judgment of conviction entered against him, and the order denying his motion for postconviction relief. He argues on appeal that he was denied due process of law because the prosecutor referred to a sexual assault committed by his co-actor during the course of the burglary, because the trial court erroneously exercised its discretion when ...

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00-2720-CR State v. Myren

This is an appeal from a judgment convicting Ronald Myren of one count of stalking and two counts of disorderly conduct, and from and order denying sentence credit. Ronald Myren raises sufficiency of evidence, other acts evidence, and sentence credit issues. We conclude that the evidence was sufficient to convict Myren of two of the three offenses, the other acts ...

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99-2234 State v. Trawitzki

“As both parties concede, the charges are identical in law because they arise under the same criminal statute, sec. 943.20(1)(a). However, the charges against Trawitzki are not identical in fact. The test for whether charges are not identical in fact is whether ‘the facts are either separated in time or of a significantly different nature.’ Anderson, 219 Wis.2d at 749. ...

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00-2984 Kavelaris v. MSI Ins. Co.

The trial court denied CGLI’s subrogation claim because Kavelaris would not totally recover his full damages under Wisconsin’s “made whole” doctrine if the CGLI subrogation claim prevailed. We affirm the trial court order denying the CGLI subrogation claim and the judgment. MSI agreed to pay its policy limits of $200,000 to Kavelaris in exchange for a complete release and dismissal ...

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00-3345-CR State v. Jones

Charles Jones appeals from a judgment entered on jury verdict convicting him of battery, and bail jumping, stemming from his violation of a no-contact order, both as an habitual criminal, and from the trial court’s order denying his motion for postconviction relief. He claims that he was deprived of his right to confrontation when the trial court permitted a police ...

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00-3162 Konen v. International Brotherhood of Teamsters, Local 200

“Konen authored and submitted to Union officials a document containing baseless allegations of serious criminal misconduct by Company and Union officials. When the Company terminated him, Konen offered his Union no defense for his actions, except an apology and an admission that he was wrong to have produced and submitted the bribery allegations. The Union was justified in not challenging ...

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99-3142-CR State v. Hanson

However, given the state of the record, we cannot determine whether defendant’s driving record supported a criminal sentence even without consideration of his HTO status. We reverse the decision of the court of appeals and remand to the circuit court for such a determination. As a consequence of the staggered implementation of 1997 Wis. Act 84, the case before us ...

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93-C-0547 Jeanine B. v. McCallum, et al.

“The Court’s task will be to determine whether the defendants have ‘timely filed a petition to terminate parental rights and begun the required search for an adoptive family, or elected not to file and documented one of the clearly defined exceptions.’ Thus, with respect to the exception in subparagraph (ii), the plaintiffs ‘only seek to enforce their right to have ...

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