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Tag Archives: Civil Digest

Negligence Claim – Uniform Fiduciaries Act

William Sesing Construction, Inc., (Sesing) appeals from a judgment dismissing its breach of contract and negligence claims brought against American Bank after Sesing’s bookkeeper embezzled funds from Sesing’s business checking account held by American Bank.

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Sufficiency of Evidence

Lacasanova S. Davis appeals from a judgment, entered upon a jury’s verdicts, convicting him on two counts of second-degree sexual assault.

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Estate – Insurance Claim – Liability

In this wrongful death and survival action, David Marx and his insurer, 1st Auto Casualty Insurance Company (collectively, 1st Auto), appeal a judgment awarding prejudgment interest at the rate of 12 percent per year under WIS. STAT. § 628.46 (2015-16) to the Estate of Kevin Payette and Payette’s minor children, Alexis and Natalie Payette.

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Amended Opinion

PLEASE TAKE NOTICE that corrections were made to paragraphs 3, 7 and 11 in the above-captioned opinion which was released on November 7, 2019.

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FDCA Violation

Proving that almost anything can give rise to litigation, this case concerns chocolates that Clarisha Benson and Lorenzo Smith purchased at their local Fannie May stores in Chicago.

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Jury Instructions

Two non-competing Midwestern companies operated by brothers used marks containing the family name, Fabick.

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Due Process Violation

We review an unpublished decision of the court of appeals reversing the circuit court's suppression of the victim's identification of Stephan I. Roberson because the identification began with law enforcement showing a single Facebook photo to the victim.

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OWI – Court Error – Breath Test Results

Langlade County appeals a judgment dismissing charges against Travis Lettau of operating a motor vehicle while intoxicated (OWI) and operating a motor vehicle with a prohibited alcohol concentration (PAC), both as first offenses.

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Termination of Parental Rights

M.K. appeals an order of the trial court terminating his parental rights of M.K., Jr. M.K. asserts that the court erroneously exercised its discretion in terminating his parental rights because its factual findings are not supported by the record.

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Sentencing – Supervised Release

Nicholas Edwards pleaded guilty to failing to register as a sex offender, in violation of the Sex Offender Registration and Notification Act, 18 U.S.C. § 2250—his fourth conviction for a failure to register a change of address as required by state and federal statutes.

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Amended Opinion

The opinion of this court issued on December 4, 2019, is amended as follows: Page 3, “Fed. R. Evid. 59” should be “Fed. R. Civ. P. 59.”

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1st Amendment Violation

This appeal deals with First Amendment protection for public employees when they engage in speech that is not related ortied to their work.

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Statutory Interpretation – Theft

This is a review of a published decision of the court of appeals in two consolidated cases, State v. Lopez and State v. Rodriguez, 2019 WI App 2, 385 Wis. 2d 482, 922 N.W.2d 855, reversing the Green County circuit court's order.

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Eviction – Monetary Judgment

Douglas Robert Strehlow filed this small claims action against Renee Marie Cera, seeking eviction and monetary relief for Cera’s alleged failure to pay rent due for March 2019.

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Court Error – Testimony

Chris Feller appeals a judgment of conviction for driving on a freeway in excess of the 70-miles-per-hour speed limit, in violation of WIS. STAT. § 346.57(4)(gm)2.

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Sufficiency of Evidence

Deandre Smith appeals a judgment convicting him of battery and felon in possession of a firearm, as acts of domestic abuse, and an order denying his postconviction motions to vacate the judgment of conviction.

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