Bankruptcy – Automatic Stay
After filing a petition under Chapter 13 of the Bankruptcy Code, Marzie Bastani asked the judge to stay a foreclosure proceeding pending in state court.
Weekly Case Digests – July 27, 2020 – July 31, 2020
Weekly Case Digests – July 27, 2020 – July 31, 2020
Immigration – Removal Proceedings
Under federal immigration law, noncitizens who commit certain crimes are removable from the United States. During removal proceedings, a noncitizen may raise claims under the international Convention Against Torture, known as CAT.
ERISA Claim – Standing to Sue
Plaintiffs James Thole and Sherry Smith are retired participants in U. S. Bank’s defined-benefit retirement plan, which guarantees them a fixed payment each month regardless of the plan’s value or its fiduciaries’ good or bad investment decisions.
Habeas Corpus – Successive Petition
A state prisoner is entitled to one fair opportunity to seek federal habeas relief from his conviction.
Constitution’s Appointment Clause Violation – Senate Confirmation
The Constitution’s Appointments Clause says that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States . . . .”
Equitable Estoppel Violation
The question in this case is whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U. S. T. 2517, T. I. A. S. No. 6997, conflicts with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories.
Unlawful-stop Claim – Reasonable Suspicion
We review a decision of the court of appeals affirming the circuit court denial of Mose B. Coffee's motion to suppress evidence obtained from a search of a vehicle incident to his lawful arrest for Operating While Intoxicated (OWI) that Coffee argues violated the Fourth Amendment of the United States Constitution.
Court Error – Other Acts Evidence
This is a review of a published decision of the court of appeals reversing the judgment of conviction entered against David Gutierrez.
Attorney Disciplinary Hearing
We review a report filed by Referee John B. Murphy, recommending that the court reinstate, with conditions, Elvis C. Banks' license to practice law in Wisconsin. After careful review of the matter, we agree that Attorney Banks' license should be reinstated and that conditions should be placed upon his practice of law.
Termination of Parental Rights
The Juneau County Department of Health Services commenced this action seeking the termination of C.C.’s parental rights to her son, K.C. C.C. appeals the circuit court’s order granting the County’s motion for partial summary judgment on the existence of grounds to terminate CC’s parental rights based on abandonment.
Court Error – Abuse of Discretion
Carlos Trevino appeals a judgment convicting him of two counts of burglary as party to a crime, one count of theft, and one count of theft as party to a crime.
Legal News
- Wisconsin attorney loses law license, ordered to pay $16K fine
- Former Wisconsin police officer charged with 5 bestiality felony counts
- Judge reject’s Trump’s bid for a new trial in $83.3 million E. Jean Carroll defamation case
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- The Latest: Supreme Court arguments conclude in Trump immunity case
- Net neutrality restored as FCC votes to regulate internet providers
- Wisconsin Attorney General asks Congress to expand reproductive health services
- Attorney General Kaul releases update at three-year anniversary of clergy and faith leader abuse initiative
- State Bar leaders remain deeply divided over special purpose trust
- Former Wisconsin college chancellor fired over porn career is fighting to keep his faculty post
- Pecker says he pledged to be Trump campaign’s ‘eyes and ears’ during 2016 race
- A conservative quest to limit diversity programs gains momentum in states
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