Quincy Bioscience, LLC (“Quincy”) filed this civil action against Ellishbooks, related individuals, and entities (collectively “Ellishbooks”) alleging claims for trademark infringement, false advertising, dilution, and unfair competition under the Lanham Act, 15 U.S.C. §§ 1114, 1125, as well as claims under Illinois statutory and common law.
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Opinion
Worker’s Compensation Claim – Subject-matter Jurisdiction
This appeal asks us to consider under which federal employee compensation act a postal worker’s claim of emotional distress must be resolved.
Read More »Sentencing Guidelines
In December 2016, law enforcement officers facilitated a controlled buy of heroin from Juan Perez- —someone the officers suspected was a high-level drug dealer in the Beloit, Wisconsin area.
Read More »Court Error – Abuse of Discretion
For the second time, Kenneth Mayle has sued the State of Illinois to challenge state laws prohibiting bigamy, adultery, and fornication.
Read More »Consumer Fraud – Negligent Misrepresentation
Skyrise Construction Group, LLC, a subcontractor, sued Annex Construction, LLC, a general contractor, for breach of contract, promissory estoppel, negligent misrepresentation, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq., and violation of the Wisconsin Deceptive Trade Practices Act, Wis. Stat. 100.18.
Read More »Malicious Prosecution Claim
William Lund, a reporter, was arrested in Rockford, Illinois after discovering a police‐run prostitution sting operation in the course of his news‐gathering activities.
Read More »Weekly Case Digests – May 18, 2020 – May 22, 2020
Weekly Case Digests – May 18, 2020 – May 22, 2020
Read More »OWI – Suppression of Evidence
Katelyn Leach appeals a judgment of conviction from the Waupaca County Circuit Court for operating a motor vehicle with a detectable amount of a controlled substance in her blood, second offense, contrary to WIS. STAT. § 346.63(1)(am).
Read More »Small Claims – Judgment
Martindale Pinnacle Construction (MPC) appeals an order denying MPC’s motion to reopen a default judgment entered against it in a small claims action.
Read More »Trust & Estates – Undue Influence
In June 2017, Clarence J. Teynor executed a will directing that his property be sold and the net proceeds from the sale be distributed to his siblings and one nephew.
Read More »Child Support – Modification
Sarah Reed and Christopher Pappathopoulos were divorced in 2016 following a bench trial on issues that included child support.
Read More »Plea Withdrawal – Suppression of Evidence
Keith Abbott appeals a judgment of conviction for second-degree intentional homicide, which the circuit court entered after accepting Abbott’s Alford plea.
Read More »Sentence Credit
We review an unpublished decision of the court of appeals reversing an order of the circuit court that granted sentence credit to Richard H. Harrison, Jr. pursuant to Wis. Stat. § 973.155(1)(a) (2017–18) and remanded with directions to advance the commencement of concurrent terms of extended supervision for Harrison's 2007 and 2008 cases to the date they would have begun but for Harrison's confinement for unrelated convictions that later were set aside.
Read More »Foreclosure – Prima Facie
Timothy Rumpf appeals from a judgment of mortgage foreclosure, which was entered after the circuit court granted summary judgment in favor of the mortgage holder, Bank of New York Mellon (the “Bank”).
Read More »LIRC – Unemployment Benefits
Jason Whittlesey and the Department of Workforce Development appeal an order of the Wood County Circuit Court affirming the Labor and Industry Review Commission’s determination that Whittlesey voluntarily terminated his employment without good cause attributable to the employer, within the meaning of WIS. STAT. § 108.04(7)(b) (2017-18), and was therefore ineligible to receive unemployment insurance benefits.
Read More »Sufficiency of Evidence
Michael J. Thunder appeals a Dane County circuit court order granting a petition for a domestic abuse injunction against him.
Read More »Divorce – Stipulation Order
Christopher Hynek appeals a post-divorce order that denied his motions for contempt and enforcement of a stipulation on child support.
Read More »Equitable Tolling
Paul Brian Asik, Jr., pro se, appeals a circuit court order that dismissed Asik’s petition for a writ of certiorari as untimely and the order denying his motion for reconsideration.
Read More »Eviction – Equitable Estoppel
Marwood Corporation and the Gloria Woodman Survivor’s Trust, by its trustee, Jeffrey Woodman (which will be referred to collectively as “Marwood”), appeal an order of the Rock County Circuit Court denying Marwood’s motion for summary judgment on Marwood’s eviction claim against Janesville Spatz Limited Partnership (“Spatz”) and granting Spatz’s request on summary judgment that Marwood’s eviction claim be dismissed.
Read More »OWI – Motion for Reconsideration Denied
In a previous appeal by Aman Singh of his conviction for operating while intoxicated (OWI) as a second offense, this court summarily reversed and remanded to the circuit court to provide the relief that Singh sought on appeal, specifically, relief due under WIS. STAT. § 973.13, which this court stated “provides only one remedy: voiding any penalty in excess of the statutory maximum.” State v. Singh, No. 2017AP1609, unpublished slip op. ¶11 (WI App July 26, 2018).
Read More »Attorney Disciplinary Hearing
We review a report filed by Referee James J. Winiarski, accepting a stipulation executed by Attorney Patrick J. Hudec and the Office of Lawyer Regulation (OLR), in which Attorney Hudec pled no contest to four counts of professional misconduct and agreed that the allegations of the OLR's complaint were established by clear, satisfactory, and convincing evidence. Consistent with the terms of the stipulation the referee recommends we suspend Attorney Hudec's law license for 60 days and require Attorney Hudec to attend an OLR trust account seminar within one year.
Read More »Trusts & Estates – Life Insurance – Beneficiaries
The petitioner, Lynnea Landsee-Pulkkila (Lynnea), seeks review of an unpublished, authored decision of the court of appeals applying a constructive trust to proceeds she collected from a life insurance policy maintained by her late husband, James Pulkkila (James).
Read More »Ineffective Assistance of Counsel
Melvin Wilson, Jr., appeals a judgment convicting him of one count of operating a motor vehicle while intoxicated as a seventh offense and one count of hit and run.
Read More »Land Dispute – Foreclosure
This is a second appeal in this case. See Global Proppant Supply, LLC v. Tuttle, No. 2017AP1137, unpublished slip op. (WI App March 22, 2018) (“Global I”).
Read More »Sufficiency of Evidence
Jamie and Maggie Martinez appeal a judgment, following a jury trial, dismissing their claims against Country Kitchen, its owners Craig and Dawn Dougherty, and its insurer, and an order denying the Martinezes’ post-verdict motions.
Read More »6th Amendment Violation
Michael Henderson appeals a judgment convicting him, after a jury trial, of one count of first-degree intentional homicide.
Read More »Prisoner Trust Accounts
John Litscher, as secretary of the department of corrections, appeals a circuit court order enjoining the department from deducting funds from Marcus Kerby’s prisoner trust account at a rate greater than 25%.
Read More »Termination of Parental Rights
I.M. appeals an order of the circuit court terminating his parental rights to his child, E.M.C.
Read More »Jury Instructions
Monica R. Pennell was injured in an automobile accident. Pennell appeals from a money judgment entered in her favor against American Family Mutual Insurance Company, S.I. and Carmella Covelli.
Read More »Time-barred
Southport Commons, LLC appeals the circuit court’s order granting the Wisconsin Department of Transportation’s motion for judgment on the pleadings.
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