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Civil Digest

Dec 9, 2019

Due Process Violation

Tolstoy said that every unhappy family is unhappy in its own way, and that observation rings true here.

Dec 9, 2019

Damages – Comparative Negligence

For four years, nurse practitioner Denise Jordan treated Kevin Clanton’s severe hypertension. Jordan, an employee of the U.S. Public Health Service, failed to properly educate Clanton about his disease or to monitor its advancement.

Dec 9, 2019

Title VII Violation – Retaliation Claim

Edith McCurry worked at an Illinois warehouse owned by Mars, Inc., the well-known candy maker, and operated by Kenco Logistics Services, a third-party management firm.

Dec 9, 2019

Immigration – Removal Order – Due Process Violation

Ruben Lopez Ramos brings this petition to review the removal decision of the Board of Immigration Appeals (“BIA”).

Dec 9, 2019

Statutory Interpretation – Local-government Policy – Illegal Acts

Under Monell v. New York City Department of Social Services, 436 U.S. 658 (1978), local governments may be liable for violating individuals’ rights guaranteed by federal law.

Dec 9, 2019

Unions – Fair Share Fees

For 41 years, explicit Supreme Court precedent authorized state‐government entities and unions to enter into agreements under which the unions could receive fair‐share fees from nonmembers to cover the costs incurred when the union negotiated or acted on their behalf over terms of employment.

Dec 4, 2019

Easement

This is an appeal of a final judgment resolving property disputes between the owners of two adjacent parcels of land in Monroe County.

Dec 4, 2019

Due Process Violation

R.A.S. appeals an order involuntarily committing him under WIS. STAT. ch. 51 after a jury trial, arguing that the special verdict question pertaining to dangerousness violated his right to due process because the question did not require five-sixths of the jurors to agree that he was dangerous under WIS. STAT. § 51.20(1)(a)2.c. or that he was dangerous under § 51.20(1)(a)2.d.

Dec 4, 2019

Court Error – Statutory Interpretation – Franchise Taxation

The Wisconsin Department of Revenue (DOR) appeals a Dane County Circuit Court order that affirmed a decision of the Tax Appeals Commission.

Dec 4, 2019

Unlawful-stop Claim

Tunis Jay LaFever appeals from a judgment of conviction for operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood, third offense, contrary to WIS. STAT. § 346.63(1)(am).

Dec 4, 2019

Court Error – Divorce – Asset Distribution

Michael M. Hrdi appeals from the judgment of divorce from his former wife Cindy Lund, f/k/a Cindy Hrdi, who petitioned for divorce after a fourteen-year marriage.

Dec 4, 2019

Plea Withdrawal

Christopher Shannon appeals from a judgment and an order of the circuit court denying his postconviction motion for plea withdrawal or, in the alternative, resentencing.

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