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Civil Digest

Jun 17, 2019

Adverse Possession

Thomas D. Sykes and the other named plaintiffs (the Islanders) appeal an order granting summary judgment in favor of the Village of Summit and the Village’s Chief of Police Michael Hartert (collectively, Summit) and the Wisconsin Department of Natural Resources and the State of Wisconsin (collectively, the DNR) and dismissing all of the Islanders’ claims and causes of action.

Jun 17, 2019

OWI – 2nd Offense

Traci L. Kollross appeals a non-final order of the circuit court which denied her motion to dismiss a charge of operating while intoxicated (OWI) as a second offense.

Jun 17, 2019

Personal Jurisdiction

Dwayne K. Pearson, pro se, appeals the circuit court’s order denying his motion to vacate and/or modify prior court orders pertaining to his two children.

Jun 17, 2019

Sufficiency of Evidence

Almost twenty‐five years ago, a jury convicted Christopher Coleman of armed robbery, home invasion, residential burglary, and aggravated sexual assault.

Jun 17, 2019

ALJ Error – Appeal Timeliness

Following her discharge from Kenco Logistics (“Kenco”), Mary Madison filed a complaint with the Occupational Safety and Health Administration (“OSHA”) charging that she was terminated in retaliation for engaging in protected activity.

Jun 17, 2019

Petition for Rehearing En Banc

On February 15, 2019, plaintiffs‐appellants filed a petition for rehearing and rehearing en banc.

Jun 17, 2019

Trademark Infringement – Damages

Barrington Music Products (Barrington) sued Music & Arts Centers (Music & Arts), Guitar Center Stores, Inc. (Guitar Center), Woodwind & Brasswind Inc. (Woodwind), and Eastman Music Company (Eastman), for infringing on Barrington’s “Vento” trademark with their use of the trademark “Ventus.”

Jun 17, 2019

Breach of Duty of Care

Robert McCarty tripped over a product display sign at a Menard’s home improvement store and then filed suit.

Jun 17, 2019

Immigration – Subject-matter Jurisdiction

Jurisdiction, the Supreme Court has reminded us, “is a word of many, too many meanings.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 90 (1998) (quoting United States v. Vanness, 85 F.3d 661, 663 n.2 (D.C. Cir. 1996).

Jun 12, 2019

Illinois Brick Direct-Purchaser Rule

In 2007, Apple started selling iPhones. The next year, Apple launched the retail App Store, an electronic store where iPhone owners can purchase iPhone applications from Apple. Those “apps” enable iPhone owners to send messages, take photos, watch videos, buy clothes, order food, arrange transportation, purchase concert tickets, donate to charities, and the list goes on.

Jun 12, 2019

Qui Tam Limitation

The False Claims Act contains two limitations periods that apply to a “civil action under section 3730”—that is, an action asserting that a person presented false claims to the United States Government.

Jun 12, 2019

11th Amendment Violation

This case, now before us for the third time, requires us to decide whether the Constitution permits a State to be sued by a private party without its consent in the courts of a different State.

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