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Negligence – Governmental Immunity

Dane Radebaugh was injured when he was struck in the head by a line-drive foul ball while participating in a recreational league baseball game at Campus Field in Lake Mills. Radebaugh, by his Guardian ad Litem, and his parents Lisa Scott and James Radebaugh, sued the Lake Mills School District and the Lake Mills Recreational Department and their insurers, along with Radebaugh’s coach, Terry Yandre, two umpires refereeing the game, Travis Meyers and Roger Burrow, and their insurers, alleging negligence.

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Legal Malpractice – Negligence

Edward Mentell appeals summary judgment dismissing his complaint for legal malpractice against Erhard & Payette, LLC and its malpractice insurer, Wisconsin Lawyers Mutual Insurance Company (collectively, Erhard & Payette). Erhard & Payette had represented Mentell in a negligence action against an appraiser hired to appraise a then-proposed condominium project for which Mentell was seeking financing.

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Lack of Jurisdiction

The Board of Fire and Police Commissioners for the City of Milwaukee (Board) appeals an order setting aside the Board’s decision to sustain the discharge of Milwaukee Police Detective Rodolfo Gomez, Jr. Because the Board failed to conduct a trial on Gomez’s appeal of his discharge within the time required by statute, the Board lost authority to exercise its jurisdiction, and thus, to hold the trial after which it sustained the discharge.

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Statutory Interpretation

The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), imposes a 15-year minimum sentence on defendants convicted of illegally possessing a firearm, see id. § 922(g)(1), who also have at least three prior convictions for a “violent felony” or a “serious drug offense.”

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