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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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- Wisconsin lawyers file University of Wisconsin public records request seeking answers to protests
- Wisconsin Supreme Court issues orders amending Supreme Court rules and Wis. Stats.
- EXCLUSIVE: Former Milwaukee ‘big law’ partner attacks news media for bias against Trump
- Former Milwaukee election official fined for obtaining fake absentee ballots
- Contract dispute prevents airing of 15 regional sports networks, impacts Brewers
- Wis. middle school focuses on recovery as authorities investigate shooting
- Gov. Evers seeks applicants for Sheboygan and Green County Sheriffs
- North Carolina man who harbored Nazi memorabilia and attacked Black and Latino men sentenced to 41 months
- Nation grieves with families of officers killed in NC
- Amended complaint filed in federal court against State Bar of Wisconsin seeks punitive damages
- United Healthcare suit against cancer drug distributor time-barred
- Trump’s Wisconsin visit warns of jail time if he violates a trial gag order
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