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Opinion

Apr 23, 2018

Failure to State Claim

Kathy Haywood and Lia Holt filed this putative class action alleging that Massage Envy Franchising, LLC (“Massage Envy”), committed unfair and deceptive business practices by advertising and selling one‐hour massages but providing massages that lasted only 50 minutes.

Apr 23, 2018

Sentencing Guidelines

On June 27, 2014, Kyle Williams was charged with conspiracy to possess heroin with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1). In September 2014, Williams entered the Pretrial Alternatives Detention Initiative (PADI), a treatment-based trial diversion program.

Apr 23, 2018

Order Correcting Opinion

The opinion issued in this case on April 2, 2018, is amended as follows: On page 16, line 14, the word “AFFIRMED” is to be followed by the words “in part; VACATED and REMANDED in part.”

Apr 20, 2018

Weekly Case Digests — April 16-20, 2018

Weekly Case Digests — April 16-20, 2018

Apr 18, 2018

Statutory Interpretation

The Fair Labor Standards Act (FLSA), 52 Stat. 1060, as amended, 29 U. S. C. §201 et seq., requires employers to pay overtime compensation to covered employees.

Apr 18, 2018

Notice Requirement – Insurance Policy – Underinsured Motorist

The petitioners, Robert and Judith Shugarts, seek review of a published court of appeals decision affirming the circuit court's grant of summary judgment to the Shugarts' underinsured motorist (UIM) carrier.

Apr 18, 2018

Attorney Disciplinary Proceedings

Attorney James Toran appeals a report filed by Referee John A. Fiorenza concluding that Attorney Toran committed three counts of professional misconduct and recommending that Attorney Toran should be ordered to pay restitution and that his license to practice law in Wisconsin be suspended for one year.

Apr 18, 2018

Jurisdiction

The Wisconsin Department of Natural Resources ("DNR") says its appeal in Clean Wisconsin, Inc. v. DNR, 2016AP1688 ("Clean Wisconsin") is pending in the wrong district, and asks us to exercise our supervisory authority to shepherd it to the correct venue.

Apr 18, 2018

Statutory Interpretation

CED Properties, LLC (CED) challenges the special assessment imposed by the City of Oshkosh (City) following the reconfiguration of a traditional traffic light intersection into a roundabout.

Apr 18, 2018

Suppression of Evidence – Blood Test

Collin Gallagher appeals the circuit court’s judgment convicting him of a third intoxicated driving offense.

Apr 17, 2018

Ineffective Assistance of Counsel

Daniel Owens appeals a judgment of conviction for first-degree reckless homicide and armed robbery with use of force, both as party to a crime, and for being a felon in possession of a firearm.

Apr 17, 2018

Eviction

Kenneth and Alecia Erdman appeal pro se from an order denying their motion to vacate a judgment of eviction, asserting that the circuit court prematurely resolved the merits of the eviction action and precluded the Erdmans from filing responsive pleadings and having a trial by jury.

Polls

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