Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

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 ...

Employment Retaliation; constructive discharge Although a supervisor threatened to fire an employee if he didn’t withdraw an EEOC charge, the employee was not constructively discharged where the employer repeatedly assured him he was not terminated, even though he didn’t withdraw ...

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Constitutional Law Freedom of speech; university student funds The University of Wisconsin violated students’ free speech rights by refusing to fund student organizations that engaged in prayer, proselytizing, or religious instruction. “We deferred action on this appeal while the Supreme ...

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Obstructing an Officer Sufficiency of the evidence Jennette Ellifritz appeals from a judgment of conviction for obstructing a police officer contrary to Wis. Stat. § 946.41(1). On appeal, Ellifritz argues that the evidence the jury used to convict her of ...

Motor Vehicles OWI; reasonable suspicion Charles G. Jury pled to operating a vehicle while intoxicated, 4th offense, after he lost his motion challenging the stop. On appeal, he again challenges the stop-asserting that it was made without reasonable suspicion. But ...

Motor Vehicles OWI; reasonable suspicion Richard A. Selquist appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC) of .10 or greater, a violation of Wis. Stat. § 346.63(1)(b). Selquist raises only one ...

Insurance Duty to defend; attorney fees; costs Chicago Title Insurance Company appeals from a declaratory judgment awarding attorney fees and costs to its insured under Wis. Stat. § 806.04(8) and (10) (2007-08). Patrice Voss requested attorney fees and costs after ...

Professional Responsibility Suspension Where attorney Ryan D. Lister did not exercise due diligence in representing a client, failed to keep the client reasonably informed, violated his duties upon termination of representation, and failed to cooperate with the OLR, a 60-day ...

Labor MPAA; ERISA Under 29 U.S.C. 1399(c)(5)(B), the entire amount of a withdrawal payment is immediately payable upon default and that obligation is not deferred because of the pendency of arbitration. “[T]he PBGC’s interpretation of the statute is a reasonable ...

Immigration Asylum; FGM The BIA must consider an asylum claimant’s contention that, if removed, her citizen-daughter would be subjected to female genital mutilation. “Other circuits have also recognized the possibility that the prospect of FGM of one’s child can constitute ...

Constitutional Law First Amendment A candidate for public office cannot sue his opponent for disclosing that he is under criminal investigation. “The rejection in Paul v. Davis of a liberty or property interest in reputation casts doubt on the propriety ...

Civil Rights Excessive force The mere fact that a detainee was tasered in the face is insufficient to conclude that the officer acted maliciously. “[O]n this record, it simply would not be permissible for a jury to infer from the ...

Civil Procedure Discovery sanctions The district court did not abuse its discretion in not dismissing a case as a sanction for failure to disclose insurance arrangements. “The choice of a proper sanction for violations of the discovery rules, however, lies ...

Sentencing Modification; frivolous appeals Scott Alan Heimermann appeals from an order summarily denying his motion for sentence modification. The issues are whether any of the following postconviction developments constitute new factors warranting sentence modification: (1) Heimermann’s patent and technology business; ...

Homicide by Intoxicated Use of Vehicle Constitutionality Dawn Ludwig pled no contest to two counts of homicide by intoxicated use of a motor vehicle, three counts of first-degree reckless endangerment, and one count of operating a motor vehicle while intoxicated, ...

Criminal Procedure Double jeopardy Ricky Schmaling appeals a judgment of conviction for two counts of felon in possession of a firearm and two counts of felony bail jumping, and an order denying postconviction relief. He claims: (1) his conviction is ...

Civil Procedure Default judgment; excusable neglect Michael Kotlarek appeals a default judgment entered in favor of Jack Edwards. Kotlarek argues the circuit court erred by denying his motions to vacate and reopen the default judgment, and otherwise enlarge the time ...

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Criminal Procedure Joinder Where two felony murder charges both involved property crimes that resulted in death, joinder was proper. “In light of the broad construction we afford the joinder statute in favor of joinder, see Hoffman, 106 Wis. 2d at ...

Wire Fraud Sufficiency of the evidence Even if an indictment names particular victims, the government need not prove intent to harm those named victims. “Although certainly the naming of First Marblehead and TERI in the superceding indictment was not good ...

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Evidence Expert witnesses A treating physician who is offered to provide expert testimony as to the cause of the plaintiff’s injury, but who did not make that determination in the course of providing treatment, is required to submit an expert ...

Employment Retaliation Where an employee could not show there was work available that she could perform with her limitations, summary judgment was properly granted to the employer on her claim that her hours were reduced in retaliation for engaging in ...

Tagged with: Employment Digest Retaliation

Employment Retaliation The participation clause in Title VII does not prohibit retaliation for participation in an internal investigation. The ‘investigation’ to which section 2000e-3 refers does not include an investigation by the employer, as distinct from one by an official ...

Tagged with: Employment Digest Retaliation

Employment Age discrimination Where an employee had a turbulent relationship with co-workers from the start, and had several heated disputes with them, his termination was not age discrimination. “Extrusion explained at trial that Runyon was fired primarily because he was ...

Tagged with: Age discrimination Employment Digest

Civil Procedure Attorney fees Individual scrutiny of line-item entries is not necessary or appropriate in contractual fee-shifting cases. “Emigrant submits that allowing the submission of redacted bills effectively amounts to a prepayment standard- if the prevailing party has paid its ...

Tagged with: Attorney fees Civil Procedure Digest

Sentencing Reasonableness Where a defendant had a history of fraudulent behavior, it was not disparate to impose a 70-month sentence, while other co-defendants received probation. “Favara’s 70-month sentence was not unwarrantedly disparate from her co-defendants, several of whom received probation. ...

Search and Seizure Reasonable expectation of privacy Where a defendant denied at a suppression hearing that he did not own a backpack he was carrying at the time of his arrest, he has no reasonable expectation of privacy that would ...

Retaliation Against a Witness Sufficiency of evidence Where the government presented no evidence that the defendant knew the targets of his kidnapping plot had given testimony against the drug trafficker for whom the defendant was working, the evidence is insufficient ...

Honest Services Fraud Sufficiency of the evidence Where a defendant steered contacts to a third party in exchange for kickbacks, the evidence is sufficient to support a conviction for honest services fraud. “The indictment charged Cantrell with using his position ...

Intellectual Property Trademarks; functionality A round beach towel is not a valid trademark. “Franek wants a trademark on the circle. Granting a producer the exclusive use of a basic element of design (shape, material, color, and so forth) impoverishes other ...