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00-2916Clay v. Holy Cross Hospital

“Clay presents no evidence to rebut Seliga’s testimony that Gaffney advised him that Clay was uncooperative with the Hospital’s marketing efforts, and that Clay failed to participate in any of the Hospital’s 25 marketing events. Clay attempts to refute this reason with her own testimony that she solicited new patients by participating in a radio broadcast, appearing at a mall, ...

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00-549 Cedric Kushner Promotions, Ltd. v. King

“Linguistically speaking, an employee who conducts the affairs of a corporation through illegal acts comes within the terms of a statute that forbids any ‘person’ unlawfully to conduct an ‘enterprise,’ particularly when the statute explicitly defines ‘person’ to include ‘any individual … capable of holding a legal or beneficial interest in property,’ and defines ‘enterprise’ to include a ‘corporation.’ 18 ...

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01-0298, 01-0299, 01-0300 In Re the Termination of Parental Rights to Melonie D., Valorie D, Darnell D., Nicolas D.: State v. Joseph W.D. Sr.

Joseph W.D., Sr. (Joseph), appeals from the trial court order, following a jury trial, terminating his parental rights to Melonie D., Valorie D., Darnell D., and Nicolas D. He argues that the trial court erred in precluding him from calling his son, Joseph W.D., Jr. (Joseph Jr.), as a witness at the trial, due to his failure to name Joseph ...

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99-0001 Lewis v. Physicians Insurance Co. of Wisconsin

“Similar to respondeat superior, ‘captain of the ship’ is another theory that allows a party to invoke vicarious liability, but it has never been recognized in Wisconsin and, as the court of appeals acknowledged, has fallen into disfavor in other jurisdictions. Lewis, 2000 WI App 95. Because ‘captain of the ship,’ which enabled plaintiffs to recover in the face of ...

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99-3415EEOC v. Yellow Freight System, Inc.

“The unchallenged record in this case reflects that Yellow Freight bent over backwards to accommodate Nicosia in spite of his long history of poor work attendance. Nicosia was repeatedly warned and reprimanded, and given numerous opportunities to improve his work attendance record. It was Nicosia’s woeful attendance record that forced Yellow Freight into the position that it could no longer ...

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99-2071 Tuan Anh Nguyen v. INS

“[T]o require Congress to speak without reference to the gender of the parent with regard to its objective of ensuring a blood tie between parent and child would be to insist on a hollow neutrality. As JUSTICE STEVENS pointed out in Miller, Congress could have required both mothers and fathers to prove parenthood within 30 days or, for that matter, ...

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00-0696 State ex rel. Reisch v. Schwarz

LeRoy Reisch appeals the trial court’s order dismissing his petition for writ of certiorari as untimely filed under the Prison Litigation Reform Act (PLRA). Reisch argues that the PLRA violates his right to equal protection because it requires prisoners in Wisconsin to file petitions for certiorari review within forty-five days, but does not require those incarcerated outside of Wisconsin to ...

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99-3263 Rabideau v. City of Racine

“[T]he relationships between a victim and a spouse, parent, child, grandparent, grandchild or sibling are deeply embedded in the organization of our law and society. The emotional loss experienced by a bystander who witnessed the negligent death or injury of one of these categories of individuals is more readily addressed because it is less likely to be fraudulent and is ...

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00-2472Central States, Southeast and Southwest Areas Pension Fund v. Bomar National, Inc.

“Hi-Way argues that congressional intent and the statutory language establish an intent that no funds be collected from the employer until withdrawal has taken place. Hi-Way points to 29 U.S.C. sec. 1381(a), which provides that ‘[i]f an employer withdraws from a multiemployer plan in a complete withdrawal or a partial withdrawal, then the employer is liable to the plan in ...

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00-492 Alabama v. Bozeman

“[T]he Agreement makes no distinction among different kinds of IV(c) ‘arrivals,’ say, by exempting those that are followed by return within a short, specified period of time, or those that are simply for the purpose of arraignment. Given the Agreement’s language and the important consequences of starting the running of the 120-day time limit, we see no basis for such ...

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00-1031 Zurkowski v. Hobart Corporation, et al.

Jay E. Zurowski appeals from a judgment entered after a bench trial wherein the trial court dismissed his personal injury claim alleging negligence and a violation of Wisconsin’s Safe Place Statute against Hobart Corporation (Hobart). Zurowski claims the trial court erred in two respects: (1) when it concluded that Hobart was not negligent; and (2) when it determined that a ...

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99-1702 Waters v. Pertzborn

“We conclude that there are two statutory impediments to the circuit court’s order for separate trials on the issues of liability and damages before different juries. First, a review of the history of sec. 805.05(2) reveals that the omission of a provision that would allow for the bifurcation of separate issues was deliberate and was intended to disallow such bifurcation. ...

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00-3465Miami Nation of Indians of Indiana, Inc. v. United States Department of the Interior

“By promulgating … regulations the executive brings the tribal recognition process within the scope of the Administrative Procedure Act. … And the Act has been interpreted (1) to require agencies, on pain of being found to have acted arbitrarily and capriciously, to comply with their own regulations (whether formal, as here, or common-law-type doctrines) until the regulations are altered by ...

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99-8508 Kyllo v. United States

“[I]n the case of the search of the interior of homes – the prototypical and hence most commonly litigated area of protected privacy – there is a ready criterion, with roots deep in the common law, of the minimal expectation of privacy that exists, and that is acknowledged to be reasonable. To withdraw protection of this minimum expectation would be ...

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00-2792-CR State v. Rodgriguez

Angel Rodriguez appeals, following a jury trial, from a judgment convicting him of attempted first-degree intentional homicide and burglary, both while armed with a dangerous weapon, and from an order denying his motion for postconviction relief. Rodriguez claims he was denied effective assistance of counsel when his trial attorney failed to object to the prosecutor’s statements and questions concerning Rodriguez’s ...

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99-0933 Urban v. Grasser and Heritage Mutual Insurance Co.

Plaintiff had to cross defendant’s property because it was the only legal means of access to his boat. “The sole purpose of Urban’s walk over David’s property was to gain access to his boat to use for recreational purposes. Throughout the weekend, including the day on which his injury occurred, he carried various items from his automobile to the boat ...

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00-1663Luder v. Endicott

“The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit against the state and did so successfully: they are seeking to force the state to accede to their view of the Act and to pay them accordingly. Nominally, it is true, they are seeking damages merely for a period beginning three years ...

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00-2839 Johnson Bank v. Brandon Apparel

“Here, the parties submitted affidavits with conflicting statements as to whether an oral agreement existed. While the trial court may have considered the parties’ affidavits, some matters are ‘too grave to be decided on affidavits.’ [Citation]. Unless the facts are undisputed or the right to a hearing is waived, a party or attorney is entitled to more than a trial ...

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00-1784-CR State v. Handal

Eduardo D. Handal appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. The issue on appeal is whether Handal received ineffective assistance of trial counsel. Because we agree with the circuit court’s conclusion that Handal did not receive ineffective assistance of trial counsel, we affirm. This opinion will not be published.

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No. 105Kansas v. Colorado

“At one point in time, the fact that the claim was unliquidated would have been of substantial importance… This common-law distinction has long since lost its hold on the legal imagination. Beginning in the early part of the last century, numerous courts and commentators have rejected the distinction for failing to acknowledge the compensatory nature of interest awards. This Court ...

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00-1663Luder v. Endicott (55270)

“The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit against the state and did so successfully: they are seeking to force the state to accede to their view of the Act and to pay them accordingly. Nominally, it is true, they are seeking damages merely for a period beginning three years ...

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00-1958 Lake Bluff Housing Partners v. City of South Milwaukee

“The trial court found, as a result, that the harm was caused by Lake Bluff’s business decision to proceed with construction before the final legality was determined. In essence, the trial court concluded that Lake Bluff was the party with unclean hands. The trial court’s findings were not clearly erroneous, and its decision was reasonable.” Further, we reject plaintiffs’ contention ...

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01-0444-FT City of Brookfield v. Ulmen

The City of Brookfield appeals from an order dismissing two uniform traffic citations that charged Daniel D. Ulmen with operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC) respectively. The dismissal order followed the trial court’s ruling that the temporary detention of Ulmen’s vehicle was not authorized under Wis. Stat. sec. ...

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99-0327 Minnesota Fire & Casualty o. v. Paper Recycling of La Crosse

“The activity that the boys were engaged in, crawling through stacks of baled paper, while lighting matches and starting fires, is not included in the second part of the immunity statute’s definition which lists 28 specific recreational activities. Nor is the activity of the boys included, specifically, in the third part’s broad definition providing that a recreational activity is ‘outdoor ...

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00-3897Otto v. SEC

“[W]e need not decide the issue of whether the NASD is a state actor in this case because Otto admitted all of the facts necessary to establish his guilt, which dooms his due process arguments.” “Given Otto’s admissions coupled with the incriminating documentation he sent throughout her investment, Otto’s claims that the proceedings were unfair and violated his due process ...

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00-3527 State of Wisconsin ex rel. Michael Gendrich v. Litscher, Secretary of the Department of Corrections

“We have reviewed the return to the writ of certiorari and find that there is substantial evidence to support the Commission’s conclusion that Gendrich’s release would pose a substantial risk to the public because he remains an untreated sex offender. Gendrich has completed the “Denier’s Program” but has not yet completed Sex Offender Treatment. Early during his incarceration, he refused ...

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00-3013-CR State v. Martin

Richard Martin pled guilty to operating while under the influence of an intoxicant, second offense, contrary to Wis. Stat. sec. 346.63(1)(a). He appeals his conviction, contending that the trial court erred when it denied his motion to suppress evidence. Martin claims that the arresting officer lacked reasonable suspicion to detain him and conduct an investigation. This court concludes that the ...

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01-1145In Re the Termination of Parental Rights to Alexis J.: State v. Kristin J.

Kristin J. appeals the trial court’s order terminating her parental rights to Alexis J. following the trial court’s entry of a default judgment against her. She also appeals the trial court’s denial of her motion asking for relief from the judgment. She contends that her due process rights were violated when the trial court entered a default judgment after she ...

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01-2441Garza v. Lappin

“Nothing in the OAS Charter suggests an intention that member states will be bound by the Commission’s decisions before the American Convention goes into effect. To the contrary, the OAS Charter’s reference to the Convention shows that the signatories to the Charter intended to leave for another day any agreement to create an international human rights organization with the power ...

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00-1846 State v. Multaler

“The affidavit establishes that serial killers are uniquely likely to have a strong psychological compulsion to keep evidence of their crimes, even when they know they are under investigation. In fact, the affidavit establishes that serial killers may unreasonably flirt with the risk of being detected, as part of the nature of their unique criminal mentality.” Further, defendant has failed ...

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