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Civil Digest

Jun 28, 2021

Medicare Act – Standing to Sue

For the second time in as many years we affirm the district court’s dismissal of a lawsuit brought under the Medicare Act by entities seeking to collect on healthcare receivables assigned to them by so-called Medicare Advantage Organizations.

Jun 28, 2021

Copyright Infringement

Copyright law strikes a practical balance between the intellectual-property rights of authors and the public interest in preserving the free flow of ideas and information and encouraging creative expression, all in furtherance of the constitutional purpose to “promote the Progress of Science and useful Arts.”

Jun 28, 2021

Damages

On August 16, 2017, Rexing Quality Eggs and owners Joseph and Leo Rexing (collectively “Rexing”) filed a declaratory judgment action in Vanderburgh County, Indiana.

Jun 28, 2021

ALJ Error – Disability Benefits

Alice Gedatus seeks social security disability benefits.

Jun 28, 2021

Insurance Claim – Duty to Defend – TCPA Violation

Mesa Laboratories, Inc., was sued for sending unsolicited fax advertisements, but when it sought a defense from its insurer, its claim was denied.

Jun 23, 2021

Statutory Interpretation – Wisconsin’s Worker’s Compensation Act – Exclusive-remedy

In this case, we must determine whether the exclusive-remedy provision of the Wisconsin Worker's Compensation Act (the "Act"), Wis. Stat. § 102.03(2) (2017-18), bars the tort action filed by the petitioner, Francis Graef.

Jun 23, 2021

Eminent Domain – Diminution in Property Value

The Department of Transportation (DOT) changed the grade of a highway that abuts United America, LLC's property.

Jun 23, 2021

Statutory Interpretation – Trespasser Immunity

The focus of this case is Wis. Stat. § 895.529 (2017-18), which immunizes and protects a "possessor of real property" from claims of trespassers for certain conduct.

Jun 22, 2021

Ineffective Assistance of Counsel

Spencer Parks appeals a judgment of conviction and an order denying his postconviction motion.

Jun 22, 2021

Sufficiency of Evidence

The Department of Financial Institutions appeals a circuit court order remanding this case to the department to make additional findings of fact to support its decision in an enforcement action against Jace McDonald.

Jun 22, 2021

Tortious Interference – Breach of Contract

This lawsuit arises out of the sale of land by Patrick Keenan to Kevin McLain and McLain’s subsequent sale of that land to Glenn Lorenz and Carol Lorenz. McLain brought suit against Keenan for Keenan’s tortious interference with McLain’s contract to sell the land to Lorenz.

Jun 22, 2021

ALJ Error – Parole Revocation – Admission of Evidence

Willie McShan appeals pro se from a circuit court order affirming his parole revocation.

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