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Opinion

May 8, 2017

Court Error – Sentencing

On May 6, 2014, Charles Petrunak was indicted on three counts of making and subscribing false and fraudulent IRS forms, in violation of 26 U.S.C. § 7206(1).

May 8, 2017

Tax Liability

This case presents an issue of first impression in our circuit—one that requires us to delve into the abstruse world of federal‐tax procedure.

May 8, 2017

Statutory Challenge

The Milwaukee Police Association and officers Michael V. Crivello and Joshua A. Anderer challenge a provision in Milwaukee’s corporate charter requiring all law enforcement, fire, and emergency personnel to reside within fifteen miles of city limits.

May 8, 2017

Juvenile Prosecution Transfer to Adult Prosecution

Three juveniles—including M.G., who is the defendant-appellant here—and one adult allegedly robbed an Indianapolis CVS pharmacy at gunpoint on October 14, 2015.

May 5, 2017

Weekly Case Digests — May 1-5, 2017

Weekly Case Digests — May 1-5, 2017

May 3, 2017

Indian Law – Sovereign Immunity

In a suit brought against a tribal employee in his individual capacity, the employee, not the tribe, is the real party in interest and the tribe’s sovereign immunity is not implicated

May 3, 2017

Exoneration Act – 14th Amendment

The Exoneration Act’s scheme does not comport with the Fourteenth Amendment’s guarantee of due process

May 3, 2017

Deferred Restitution

A defendant wishing to appeal an order imposing restitution in a deferred restitution case must file a notice of appeal from that order.

May 3, 2017

Bad Faith Sanctions – Attorney Fees

When a federal court exercises its inherent authority to sanction bad-faith conduct by ordering a litigant to pay the other side’s legal fees, the award is limited to the fees the innocent party incurred solely because of the misconduct—or put another way, to the fees that party would not have incurred but for the bad faith

May 3, 2017

Subrogation – Reimbursement

Because contractual subrogation and reimbursement prescriptions plainly “relate to . . . payments with respect to benefits,” §8902(m)(1), they override state laws barring subrogation and reimbursement.

May 3, 2017

Third Party Plaintiff – Duty to Defend

The petition for review asked the court to decide: (1) whether a third-party complaint may state a claim for which an insurance company has a duty to defend when the third-party plaintiff was sued for misrepresentation by the first-party plaintiff; (2) whether a third-party defendant may supplement the third-party complaint with additional facts when the third party defendant seeks a defense from [...]

May 3, 2017

Amicus Brief Filed

An amicus curiae brief was filed by Kelli S. Thompson, state public defender and Joseph N. Ehmann, regional attorney manager, Wisconsin State Public Defender.

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