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Civil Digest

Aug 7, 2018

Court Error – Contempt of Court

Cheryl Krause (now known as Cheryl Fletcher) appeals an order in which the circuit court denied her motion to find her ex-husband, Dale Krause, in remedial contempt of court.

Aug 7, 2018

6th Amendment Violation

Terrance Lavone Egerson appeals from his judgment of conviction, entered upon a jury’s verdict, as well as an order of the trial court denying his postconviction motion.

Aug 7, 2018

Statutory Interpretation – Sales Tax

Healthcare Services Group, Inc., (HSG) appeals a circuit court order affirming a decision of the Wisconsin Tax Appeals Commission (the Commission).

Aug 7, 2018

Plea & Sentencing – Plea Withdrawal

Josef K. Eibl appeals judgments convicting him of stalking and felony bail jumping, both as acts of domestic abuse.

Aug 7, 2018

Sufficiency of Evidence

Phillip T. Bailey appeals a judgment of conviction entered after a jury found him guilty of possessing a firearm while a felon.

Aug 6, 2018

Ineffective Assistance of Counsel

Ashley Baumann appeals a judgment, entered after a jury trial, convicting her of two counts of homicide by intoxicated use of a motor vehicle, contrary to WIS. STAT. § 940.09(1)(a) (2015-16), one count of causing great bodily harm by intoxicated use of a motor vehicle contrary to WIS. STAT. § 940.25(1)(a), and one count of reckless driving causing great bodily harm contrary to WIS. STAT. § 346[...]

Aug 6, 2018

ALJ Error – Disability

Paul Lambert appeals the denial of Disability Insurance Benefits for chronic back pain.

Aug 6, 2018

Court Error – Expert Testimony

Isaac Owens used Testim, a topical gel containing 1% testosterone, sporadically for two years.

Aug 6, 2018

DCPA Violation

Amy Dunbar and Tammy Smith received collection letters offering to settle their debts at a significant discount. Both letters included the warning: “This settlement may have tax consequences.” In separate suits Dunbar and Smith claimed that this statement is misleading in violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692e, because they were insolvent when the[...]

Aug 6, 2018

ALJ Error – Disability

When a person applies for disability benefits, the Social Security Administration evaluates that person’s capacity to work and, at the fifth and final step of the analysis, assesses whether significant numbers of jobs exist that someone with those abilities and limitations could perform.

Aug 6, 2018

Statutory Interpretation – ACCA

The defendant‐appellants’ petition for panel rehearing is GRANTED, and the opinion and judgment issued February 26, 2018, are VACATED.

Aug 6, 2018

Class Action – False & Misleading Statements – Private Securities Litigation Reform Act

In September 2011, Kohl’s Corporation announced that it was correcting several years of its financial filings because of multiple lease accounting errors.

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