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Civil Digest

Apr 3, 2019

Appeal Waiver

In Roe v. Flores-Ortega, 528 U. S. 470 (2000), this Court held that when an attorney’s deficient performance costs a defendant an appeal that the defendant would have otherwise pursued, prejudice to the defendant should be presumed “with no further showing from the defendant of the merits of his underlying claims.”

Apr 3, 2019

Statutory Interpretation – IOIA

The International Organizations Immunities Act of 1945 grants international organizations such as the World Bank and the World Health Organization the “same immunity from suit . . . as is enjoyed by foreign governments.”

Apr 3, 2019

Statute of Limitations

To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of appeals “within 14 days after the order is entered.”

Apr 3, 2019

Validity of Posthumous Judge Vote

The petition in this case presents the following question: May a federal court count the vote of a judge who dies before the decision is issued?

Apr 3, 2019

Insurance Claim – Duty to Defend

In this duty to defend case, West Bend Mutual Insurance Company asks us to reverse the court of appeals' decision holding that the allegations in Abbott Laboratories' complaint against Ixthus Medical Supply, Inc. alleged a potentially covered advertising injury, and as a result, triggered West Bend's duty to defend under the commercial general liability policy West Bend issued to Ixthus.

Apr 3, 2019

Attorney Disciplinary Hearing

We review the report of the referee, Attorney John Nicholas Schweitzer, recommending that the court suspend the Wisconsin law license of Attorney Melinda Alfredson for 90 days and order her to pay the full costs of this disciplinary proceeding.

Apr 3, 2019

Attorney Disciplinary Proceedings

We review a report filed by Referee Dennis J. Flynn recommending that the court reinstate the license of Robert T. Malloy to practice law in Wisconsin with certain conditions.

Apr 3, 2019

Termination of Parental Rights

B.P. and T.F. appeal partial summary judgment orders finding that grounds exist to terminate their parental rights.

Apr 3, 2019

Motion to Suppress – Miranda Waiver

Christopher P. Bray appeals from a judgment of conviction for operating while intoxicated (OWI), first offense, contrary to WIS. STAT. § 346.63(1)(a).

Apr 3, 2019

Court Error – Damages

This small claims case involves a dispute over a service dog formerly owned by Capable Canines of Wisconsin and fostered by Aubrey Greene. Greene, who ultimately kept the dog, appeals a judgment of the circuit court awarding Capable Canines its request for $5,000 in damages.

Apr 3, 2019

Fair Labor Standards Act Violation

Lepke Holdings and Bill Lepke Trucking LLC (collectively, Lepke) appeal an order of the circuit court granting summary judgment in favor of Greg Bakkestuen, David Winchell, and Brian Jensen (collectively, the drivers).

Apr 3, 2019

2017AP1858 Charles Rayford v. Community Development Authority of the City of Madison

Charles Rayford received housing assistance benefits through a federal program administered by the Community Development Authority of the City of Madison (CDA).

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