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appeal

Jul 11, 2011

10-1029 Kimbrell v. Brown

Civil Procedure Appeal; final judgment

May 26, 2011

09-1454 Camreta v. Greene

Civil Rights Qualified immunity; appeal The Court may review a lower court’s constitutional ruling at the behest of government officials who have won final judgment on qualified immunity grounds. This Article III standard often will be met when immunized officials seek to challenge a determination that their conduct violated the Constitution because that ruling may […]

Apr 3, 2011

Government appeals judge’s health care ruling (UPDATE)

By GREG BLUESTEIN Associated Press ATLANTA (AP) — The federal health care overhaul’s core requirement to make virtually all citizens buy health insurance or face tax penalties is constitutional because Congress has the authority to regulate interstate business, the Justice Department said in its appeal of a ruling that struck down the Obama administration’s signature […]

Mar 21, 2011

DOJ files to appeal union law order (UPDATE)

By TODD RICHMOND Associated Press The Republican-controlled state Assembly passed the bill the next day and Walker signed it on March 11. Ozanne’s lawsuit contends Republicans didn’t give the proper 24-hour public notice that the committee planned to meet, violating Wisconsin’s open meetings law. Sumi said that’s a crucial point as she justified the emergency […]

Mar 9, 2011

2010AP1633 Haugen v. Nehls

Civil Procedure Appeal; findings of fact Gail M. Haugen appeals from a judgment of the circuit court dismissing her small claims action against David A. Nehls, d/b/a Nehls Home Improvement. We conclude that the circuit court made proper findings of fact and we affirm the circuit court on these grounds. This opinion will not be […]

Mar 9, 2011

10-2713 Abner v. Scott Memorial Hospital

Civil Procedure Appeal; length of brief; sanctions Flagrant violations of FRAP 32 may warrant dismissal of the appeal. “The flagrancy of the violation in this case might well justify the dismissal of the appeal: let this be a warning. But in addition it is plain from the briefs that the appeal has no merit. To […]

Mar 1, 2011

09-1036 Henderson v. Shinseki

Veterans Appeal The deadline for filing a notice of appeal with the Veterans Court does not have jurisdictional consequences. Several factors indicate that 120-day deadline was not meant to be jurisdictional. The terms of §7266(a), which sets the deadline, provide no clear indication that the provision was meant to carry jurisdictional consequences. It neither speaks […]

Feb 23, 2011

2010AP590-CR State v. Holmes

Criminal Procedure Appeal; reconstructing the record Christopher Holmes, pro se, appeals from an order denying his motion to reconstruct the record. He also appeals from an order denying his reconsideration motion. We conclude the circuit court properly denied the motion, and we affirm the orders. This opinion will not be published. 2010AP590-CR State v. Holmes […]

Jan 24, 2011

09-737 Ortiz v. Jordan

Civil Rights Qualified immunity; summary judgment; appeal A party may not appeal a denial of summary judgment based on qualified immunity after a district court has conducted a full trial on the merits. A qualified immunity plea, not upheld at the summary judgment stage, may be pursued at trial, but at that stage, the plea […]

Dec 30, 2010

Zoning appeal must name board

An appeal of a zoning decision must name the zoning board as the defendant, not the municipality.

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