FDCPA Violation
The filing of a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act.
Federal Arbitration Act
The Kentucky Supreme Court’s clear-statement rule violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment.
16-3119 Luis Vega v. New Forest Home Cemetery, LLC
Luis Vega filed this suit alleging that his former employer, New Forest Home Cemetery, LLC (“New Forest”), by failing to pay him for his final two weeks of work, violated his right under the Fair Labor Standards Act of 1938, 29 U.S.C. § 206(b), to compensation at the minimum wage.
16-2991
Patrick Armand pleaded guilty to distributing crack and powder cocaine, in violationof 21 U.S.C. § 841(a)(1), and was sentenced to 108 months' imprisonment, and a five-year term of supervised release subject to certain special conditions.
Disability Benefits
Cathleen Kennedy, the plaintiff, was hired by Lilly in 1982 and rose rapidly, eventually becoming an executive director in the company’s human resources division, with a monthly salary of $25,011.
Plea – Sentencing
James Wheeler pleaded guilty to an attempt to obstruct interstate commerce by robbery, in violation of the Hobbs Act, 18 U.S.C. §1951(a), and to using a gun (by shooting someone) during that crime, in violation of 18 U.S.C. §924(c)(1)(A)(iii).
Court Error – Admission of Evidence
Shawn Forgue appeals the judgment of conviction entered after a jury verdict finding Forgue guilty of misdemeanor battery (domestic abuse) and misdemeanor disorderly conduct (domestic abuse), and the order of restitution.
Breach of Contract – Waiver of Claims
Terry Sullivan appeals an order of the circuit court granting summary judgment in favor of American Family Mutual Insurance Company, American Family Life Insurance Company, and American Standard Insurance Company of Wisconsin (collectively, American Family).
Power of Attorney Breach – Time-Barred Claims
Michael Coyle, Jacqueline Coyle, Jon Coyle, and Amanda Coyle are the children of Hubert Coyle, who died in 2007. After Hubert died, the Siblings sued Amanda, alleging that she had, between 1996 and 2007, engaged in identified wrongful acts that reduced the value of Hubert’s estate, and, thereby, reduced the shares of the estate bequeathed to the Siblings in Hubert’s will.
Ineffective Assistance of Counsel
The State appeals from an order of the circuit court which, after a Machner hearing, vacated the judgment of conviction finding Anthony R. Pico guilty of first-degree sexual assault and ordered a new trial based on Pico having received ineffective assistance of counsel at trial.
Breach of Fiduciary Duty – Statute of Limitations
Michael Trewin, pro se, appeals a judgment granting Darryel and Mary Hearley rescission of a 2005 conveyance of real property to Trewin, based on Trewin’s breach of his fiduciary duties as the Hearleys’ attorney.
Legal News
- Wisconsin leads 26 Governors to strengthen state and tribal child support enforcement act
- Wisconsin man charged with fleeing to Ireland to avoid prison term for Capitol riot role
- Wisconsin Supreme Court reveals September oral arguments calendar
- New Jersey man sentenced for series of violent assaults on members of the Orthodox Jewish Community
- Milwaukee County District Attorney, UWM police address Jewish threats
- With GOP convention over, Milwaukee weighs the benefits of hosting political rivals
- Secret Service head resigns as Congress formally investigates
- Milwaukee Police Department issues statement regarding video release policy
- GOP convention sets the stage for the Democratic convention in Chicago, activists and police say
- Survey: Harris has enough delegates to be nominee
- Outside the RNC, small Milwaukee businesses and their regulars tried to salvage a sluggish week
- Biden called to resign immediately after the president announces he won’t seek reelection
Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property