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Civil Digest

Sep 30, 2020

Recreational Immunity

In anticipation of annual hunting seasons beginning in 2009, each summer Robin Stibb would affix a tree stand that he owned to a tree on land owned by his parents.

Sep 30, 2020

Due Process Violation

Isaac Kinuthia, appearing pro se, appeals a parking citation he received in the City of Waukesha.

Sep 30, 2020

Abuse of Discretion – Breach of Lease

Devonzell Hollingsworth d/b/a/ Crab It Your Way (“Hollingsworth”) appeals a judgment by the trial court for a writ of restitution of premises leased by Hollingsworth and owned by Chalet at the River, LLC (the “Chalet”).

Sep 30, 2020

Abuse of Discretion – Exclusion of Evidence

Michael Parks appeals a judgment, entered upon a jury’s verdicts, convicting him of three counts of first-degree sexual assault.

Sep 30, 2020

Nuisance Claim – Intrusion and Trespass Exception

Shaun Koenig appeals an order concluding that he trespassed on land owned by Dale Aldrich, Donald Aldrich, Jeffrey Aldrich, and Timothy Aldrich (collectively, “the Aldriches”), and that the removal of a fence erected by the Aldriches was not warranted. Koenig argues there should be a trespass exception for his intrusion into the immediate airspace above the Aldriches’ property.

Sep 29, 2020

Tax Deductions – Bad Debts

For more than a decade, Ron Van Den Heuvel received cash payments from VHC, a company founded by his father and owned by his family.

Sep 29, 2020

Class Action – Objector Blackmail

We address here a recurring problem in class-action litigation known colloquially as “objector blackmail.”

Sep 29, 2020

EEOC Claim – Retaliation

Frank Pierri was a chemist for Medline Industries. Initially, he did well at the company, but problems arose after he asked for accommodations to enable him to take care of his ailing grandfather.

Sep 29, 2020

Injunctive Relief – Medicaid Programs

Federal law prohibits discrimination against persons with disabilities, and in furtherance of that goal, it requires states to administer public programs “in the most integrated setting appropriate to the needs of qualified individuals with disabilities.”

Sep 29, 2020

Statutory Interpretation – Illinois Joint Tortfeasor Contribution Act

At a road construction site in Madison County, Illinois, a flagger abruptly turned his sign from “SLOW” to “STOP.”

Sep 29, 2020

Abuse of Discretion – Summary Judgment and Sanctions

When her teaching contract with Madison Area Technical College was not renewed, Taysheedra Allen-Noll sued her former employer alleging racial discrimination and harassment.

Sep 28, 2020

Insurance Claim – Jurisdiction

Most appellate opinions try to answer questions of law. This opinion is an exception.

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