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10-1867 Chicago Regional Council of Carpenters v. Village of Schaumburg
Civil Procedure Complaint A complaint filed before the only actionable incident must be dismissed. “[T]he district court correctly granted summary judgment. Normally, a complaint can seek relief only for events that have already occurred. Grain Traders, Inc. v. Citibank, N.A., 160 F.3d 97, 105 (2d Cir. 1998). (A person seeking injunctive relief must show a […]
10-2980 be2, LLC, v. Ivanov
Civil Procedure Personal jurisdiction A state cannot exercise personal jurisdiction over a defendant who only created a website that has 20 users in that state. “The record before us does not show that Ivanov deliberately targeted or exploited the Illinois market. All that be2 Holding submitted regarding Ivanov’s activity related to Illinois is the Internet […]
09-893 AT&T Mobility LLC v. Concepcion
Civil Procedure Arbitration; preemption A state rule that mandatory arbitration is unconscionable, because it does not permit classwide proceedings, is preempted by the Federal Arbitration Act. Class arbitration, to the extent it is manufactured by Discover Bank rather than consensual, interferes with fundamental attributes of arbitration. The switch from bilateral to class arbitration sacrifices [...]
09-846 U.S. v. Tohono O’Odham Nation
Civil Procedure Court of Federal Claims; jurisdiction Two suits are for or in respect to the same claim, precluding CFC jurisdiction, if they are based on substantially the same operative facts, regardless of the relief sought in each suit. Since 1868, Congress has restricted the jurisdiction of the CFC and its predecessors when related actions […]
09-3540 Mejia v. Cook County
Civil Procedure New trials Where the district court employed the wrong standard in denying a motion for a new trial, the appropriate remedy is to remand for consideration using the correct standard, not reversal. “In the end, the district court is in the best position to evaluate the evidence and determine whether the verdict was […]
2010AP878 Wisconsin Public Service Corp. v. Arby Construction, Inc.
Civil Procedure Claim preclusion Where an affirmative defense in a prior action is the functional equivalent of a cross-claim, claim preclusion can be applied in a subsequent action between parties who were both defendants in the prior action. “AEGIS’s argument that none of the three elements of claim preclusion are met is based on the […]
2010AP2328 Milwaukee Pain Treatment Services S.C. v. Johnson
Civil Procedure Failure to comply with scheduling order; sanctions Allen Johnson, pro se, appeals a circuit court order granting judgment in favor of Milwaukee Pain Treatment Services, S.C. (Milwaukee Pain). The circuit court found that Johnson’s failure to comply with a scheduling order and his failure to appear at a pre-trial conference constituted egregious conduct […]
11-8009 Blomberg v. Service Corporation International
Civil Procedure CAFA Once the proponent of federal jurisdiction in a class action has explained plausibly how the stakes exceed $5,000,000, the case belongs in federal court unless it is legally impossible for the plaintiff to recover that much. “Although there certainly is more that SCI could have done, such as offering a better comparison […]
2010AP30 In re the return of seized funds in: State v. LaPere
Civil Procedure Judicial estoppel Joseph LaPere appeals an order implicitly denying his petition to return $1,150 seized by police during a search of LaPere’s property. Because we conclude that LaPere is judicially estopped from requesting the relief sought in his petition, we affirm the order. This opinion will not be published. 2010AP30 In re the […]
08-2805 Rubin v. The Islamic Republic of Iran
United States Court of Appeals Civil Procedure FSIA Under 28 U.S.C. 1609 of the FSIA, the property of a foreign state in the United States is presumed immune from attachment and execution. “The immunity inheres in the property and does not depend on an appearance and special pleading by the foreign state itself. The party […]
2010AP1175 Sands v. MH Private Equity Fund LLC, et al.
Civil Procedure Settlement agreements MH Private Equity Fund, LLC (MH Equity) appeals an order granting Debra Sands’ motion to enforce a settlement agreement. MH Equity contends the circuit court erred because MH Equity never entered into a binding settlement agreement with Sands. We disagree and affirm. This opinion will not be published. 2010AP1175 Sands v. […]
10-2013, 10-2042 & 10-3026 Lee v. Cook County
Civil Procedure Sanctions Where the plaintiffs’ attorney failed to file a timely appeal or file new suits in the district court after the case was dismissed without prejudice, failed to comply with court rules, and failed to be admitted to bar, a $5,000 sanction is imposed. “The events recounted in this opinion show that Greco […]
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- U.S. Attorney Gregory J. Haanstad recognizes service and sacrifice of federal, state, local, and Tribal law enforcement
- Gov. Evers calls special elections for the 4th Senate District and 8th Congressional District
- Wisconsin GOP-led Senate votes to override nine Evers vetoes in mostly symbolic action
- Bill to curb mask-wearing at protests could make it illegal for medical reasons too
- University board slashes diversity program funding to divert money to public safety resources
- Second defendant convicted in Fond du Lac 2016 firebombing
- UPDATED: ‘Louder than a dog whistle’: Milwaukee protesters clear illegal tents, face no legal consequences
- Redistricting could draw attention to Wisconsin’s Med Mal legal gap
- Disbarred Attorney directly implicates Trump in testimony at hush money trial
- Rural Wisconsin voters face additional hurdles without ballot drop boxes
- Gov. Evers sues Republican legislators
- Man pleads guilty to producing videos depicting monkey torture
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