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Civil Digest

Nov 16, 2021

Breach of Contract and Negligence Claim

Rapid Die and Molding Co. appeals an order of the Grant County Circuit Court dismissing its claims against Royal Bancshares, Inc. One of RDM’s employees stole funds from the business checking account that RDM maintained with Royal Bank.

Nov 16, 2021

Motion for Reconsideration Denied

In this consolidated appeal, Sandra J. Koziol appeals from orders of the circuit court granting the City of Port Washington’s motion to dismiss her appeal from municipal court convictions and denying her motion to reconsider the dismissal.

Nov 16, 2021

Ineffective Assistance of Counsel

In these consolidated appeals, Derek J. Degroot, pro se, appeals from judgments and an order denying his motion for postconviction relief.

Nov 16, 2021

Court Error – Theft-by-contractor

Century Fence Company appeals from an order of the circuit court dismissing its claim under WIS. STAT. § 779.16 (2019-20) for theft by contractor.

Nov 16, 2021

Property Tax Exemption

The City of Milwaukee appeals an order granting summary judgment in favor of Saint John’s Communities, Inc., relating to a property tax exemption dispute.

Nov 16, 2021

Collective Bargaining Agreement – Duty Disability Retirement Benefits

The City of Milwaukee and the Milwaukee Employees’ Retirement System (MERS) appeal the order granting summary judgment to the Milwaukee Police Supervisors Organization (MPSO) and the Milwaukee Professional Firefighters’ Association Local 215 (Local 215) on the issue of the proper calculation of Duty Disability Retirement (DDR) benefits under their respective collective bargaining agreements (C[...]

Nov 16, 2021

Sherman Act Violation – Failure to State Claim

In Bell Atlantic Corp. v. Twombly, the Supreme Court considered whether a complaint alleging a violation of § 1 of the Sherman Act “can survive a motion to dismiss when it alleges that major telecommunications providers engaged in certain parallel conduct unfavorable to competition, absent some factual context suggesting agreement, as distinct from identical, independent action.”

Nov 16, 2021

Immigration – Removal Order

Eric Nyandwi, facing removal from the United States because of multiple felony convictions, applied for a deferral of removal under the Convention Against Torture.

Nov 15, 2021

Sufficiency of Evidence

A grand jury indicted Alejandro Campos-Rivera for unlawfully reentering the United States after removal. See 8 U.S.C. § 1326(a).

Nov 15, 2021

Sentencing Guidelines

Giavonni Cunningham appeals his sentence for unlawful possession of ammunition, 18 U.S.C. § 922(g)(1), on the ground that the district court miscalculated his range under the Sentencing Guidelines.

Nov 15, 2021

Plea Withdrawal

Adam Sprenger pled guilty to production and possession of child pornography pursuant to a plea agreement.

Nov 15, 2021

Writ of Habeas Corpus – Innocence Exception

This case returns to us after we remanded to the district court for an evidentiary hearing on whether the petitioner could overcome the one‐year time bar to filing his petition for a writ of habeas corpus, under the actual innocence exception.

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