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Civil Digest

Jun 24, 2019

Court Error – Sanctions

Attorney Leah Poulous Mueller appeals an order of the trial court imposing on her a monetary sanction of $5,923.50 for “maintaining” frivolous proceedings for the improper purpose of harassing the defendants[.]”

Jun 24, 2019

Ineffective Assistance of Counsel

Michael Mayville appeals from his convictions for incest, as well as an order denying postconviction relief.

Jun 24, 2019

Admissibility of Evidence

Fredrick Ramsey, who is charged with one count of second-degree reckless homicide, appeals a non-final order denying his motion to admit third-party perpetrator DNA evidence.

Jun 24, 2019

Court Error – Sentencing

A jury found appellant Devan Pierson guilty of possessing drugs with intent to distribute and two related firearm crimes.

Jun 24, 2019

Court Error – Restitution

In federal criminal law, the amount of restitution for a fraud conviction depends on the victims’ actual losses, regardless of whether the defendant intended larger losses.

Jun 24, 2019

Class Action – Attorney’s Fees

Brian Weil and Melissa Fulk filed class and collective actions against Metal Technologies, alleging wage violations under the Fair Labor Standards Act and Indiana wage laws.

Jun 19, 2019

Bankruptcy – Breach of Contract

Section 365 of the Bankruptcy Code enables a debtor to “reject any executory contract”—meaning a contract that neither party has finished performing. 11 U. S. C. §365(a).

Jun 19, 2019

Indian Law – Invocation of Treaty Rights

In 1868, the Crow Tribe ceded most of its territory in modern-day Montana and Wyoming to the United States.

Jun 19, 2019

Statutory Interpretation – Grandparent Visitation

We accepted certification from the court of appeals to clarify the standard of proof required for a grandparent to overcome the presumption that a fit parent's visitation decision is in the child's best interest.

Jun 19, 2019

Inheritance – Constructive Trust

In a vigorous dispute over the distribution of Donald and Betty Lou Tikalsky's estate, J. Steven Tikalsky sued his sister, Terry Stevens, to obtain part of the inheritance she received from their parents.

Jun 19, 2019

Attorney Disciplinary Hearing

Attorney James Edward Hammis has appealed a report filed by Referee Lisa C. Goldman accepting concessions Attorney Hammis made in a stipulation with the Office of Lawyer Regulation (OLR) that he committed 40 counts of professional misconduct and recommending that his license to practice to law in Wisconsin be revoked.

Jun 19, 2019

Judicial Misconduct

We review, pursuant to Wis. Stat. § 757.91 (2015-2016), a Judicial Conduct Panel's findings of fact, conclusions of law, and recommendation for discipline for Racine County Circuit Court Judge Michael J. Piontek.

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