Employment ERISA Medical benefits under a plant closing agreement vested for life, even though the agreement did not explicitly use those terms. “The language contained in the Closing Agreement clearly entitles retirees to an eligibility for a specific medical benefit. ...Read More »
Professional Responsibility Revocation Where attorney Brian P. Mularski engaged in 13 acts of misconduct in three cases, as well as eight other cases not yet charged, revocation is appropriate. “We accept Attorney Mularski’s petition for the revocation of his license ...Read More »
Employment Race discrimination Where a consent decree provided that a police department was not to make promotions based solely on race, the department is not entitled to qualified immunity when it considered race in making promotions to captain. “If the ...Read More »
Motor Vehicles Subject matter jurisdiction Roy Derksen was cited for improperly transporting a building on a highway, contrary to Wis. Stat. § 346.924 (2007-08), operating a motor vehicle with an overall height in excess of 13 1/2 feet without a ...Read More »
Prisons Prison discipline Jeremy Greene appeals the order of the circuit court that dismissed his petition for certiorari review of a prison disciplinary proceeding related to his work at the prison library. Greene argues on appeal that: (1) the Department ...Read More »
Employment Workers compensation; temporary employers Under the plain terms of the Worker’s Compensation Act (WCA), Wis. Stats., Chapter 102 (2007-08), a temporary employee injured on the job may not maintain a tort action against a temporary employer for personal injury. ...Read More »
Criminal Procedure John Doe petitions Where a John Doe petition alleges facts sufficient to establish a criminal offense, the John Doe judge must refer it to the district attorney. “Applying this standard to the Columbia County John Doe complaint, we ...Read More »
Constitutional Law Freedom of speech; mandatory bar associations The Wisconsin State Bar’s Public Image Campaign did not violate the free speech rights of its members. “The Ninth Circuit’s generous approach to germaneness in Gardner is consistent with the portion of ...Read More »
Wiretap Act Sufficiency of the evidence Where an employee directed all of his supervisor’s email messages to be forwarded to him, the evidence was sufficient to convict him under the Wiretap Act for intentionally intercepting an electronic communication. “Szymuszkiewicz’s argument ...Read More »
United States Court of Appeals CIVIL OPINIONS Immigration Removal Even if aliens did not engage in fraud in obtaining I-551 passport stamps, they are removable where they did not obtain them leally. “The Mozdzens argue that they were lawfully admitted ...Read More »
Sentencing Firearms Where a defendant convicted of drug offenses possessed an AK-47, his sentence was properly enhanced for possessing a firearm in connection with a drug crime. “We conclude that the government carried its initial burden by proving by a ...Read More »
Habeas Corpus AEDPA; equitable tolling Where a state prisoner thought he would be represented by the Innocence Project for almost a year, and was in segregation with access to the law library only a few hours per month, it was ...Read More »
Habeas Corpus Confrontation Clause Where reasonable minds could differ whether to admit impeachment evidence in a state court trial, the district court properly denied the prisoner’s petition for habeas corpus. “The trial court in Stock’s case was aware of the ...Read More »
Firearms Possession of firearm by drug user; constitutionality Congress acted within constitutional bounds by prohibiting illegal drug users from firearm possession because it is substantially related to the important governmental interest in preventing violent crime. “Ample academic research confirms the ...Read More »
Criminal Procedure Jury bias Where the district court failed to inquire into whether the jury was biased, a new trial is required. “We are mindful of the discretion district judges have when determining whether a jury is biased and of ...Read More »
Civil Rights Excessive force Mere physical contact by a police officer does not automatically qualify as a seizure. “[T]he district court correctly submitted the matter to the jury. Even accepting the evidence in the light most favorable to Officer Bukovic, ...Read More »
Civil Procedure Interlocutory appeals; privilege Where a non-party complies with an order to disclose, despite his claim of privilege, an interlocutory appeal from the order is moot. “From Nims’s perspective, this matter is moot. He complied with the district judge’s ...Read More »
Civil Procedure Contempt; due process A court cannot find a party in contempt when the show-case notice only said that that the SEC was seeking a show-cause order, but not that the court would immediately adjudicate whether they were in ...Read More »
Civil Procedure Foreign law; expert testimony Expert testimony about the meaning of foreign law is unnecessary when the foreign law at issue is France’s. “Sometimes federal courts must interpret foreign statutes or decisions that have not been translated into English ...
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Professional Responsibility Reciprocal discipline Where attorney Sandra K. Coplien was suspended for six months in Illinois, reciprocal discipline is imposed. “We approve and adopt the referee’s findings and conclusions, which are unchallenged. By virtue of having been suspended by the ...Read More »
10-1374 U.S. v. Hernandez Appeal from the United States District Court for the Northern District of Illinois, Andersen, J., Wood, J.
Sentencing Concurrent sentences Where the district court erroneously believed it lacked authority to impose a sentence concurrent to a state court sentence, the sentence must be vacated. “The only difference between Campbell’s case and Hernandez’s case is the offense of ...
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Employment Sex discrimination Where an employee spent 16 hours per week on non-work related websites, her termination was not sex discrimination. “Weber identified a number of male URA employees that had outside employment, conducted personal business while at URA, viewed ...
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Sentencing Bank robbery; physical restraint Even though a bank robber only pushed a victim to the ground and ordered her into another room while holding a firearm, he properly received an enhancement under U.S.S.G. 2B3.1(b)(4)(B) for physically restraining a victim. ...Read More »
Criminal Procedure Miranda warnings Even though police told a suspect he was not in custody and was free to leave, his unmirandized statements are inadmissible, where the officers show of force was overwhelming. “The government acknowledges as it must that ...Read More »
Sexually Violent Persons Due process; retroactivity Christopher Melendrez appeals the judgment entered upon a jury verdict finding that he was a sexually violent person under Wis. Stat. ch. 980 (2007-08). He also appeals the circuit court’s order denying his motion ...Read More »
Family Unmarried cohabitation; unjust enrichment Richard Lynn appeals a judgment determining damages owed to Elizabeth Leonard for unjust enrichment. The judgment followed after Richard stipulated that he was unjustly enriched during a period of cohabitation with Elizabeth. The court awarded ...
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Antitrust Restraints on trade; homeowner associations Patti-Marshall, LLC, appeals from a summary judgment order dismissing Delighla Sebastian-Brehm from this multi-claim lawsuit arising from a dispute among members of a homeowners’ association. Patti-Marshall contends there are material facts in dispute regarding ...
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Evidence Expert testimony The expert testimony of an attorney was properly excluded where the witness offered only legal opinions as evidence. “Even if Greenberg had been qualified as an expert, however, the district court would still have been within its ...Read More »
Immigration Asylum; China Where Chinese asylum seekers two children were born in the United States, rather than China, they failed to show a presumption of future prosecution through sterilization if removed to China. “We find that the IJ’s conclusion, as ...Read More »