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09-2858 & 10-2639 Applications of Kulzer for Orders Compelling Discovery for Use in a Foreign Proceeding
Civil Procedure Discovery; foreign courts Where a party made no showing that an application for discovery for use in a foreign proceeding was abusive, the application was improperly denied. “The importance of American-style discovery to Heraeus’s ability to prove misappropriation of its trade secrets by Biomet is undeniable. But potential for abuse? We don’t see […]
2010AP755, 2010AP756 Panenka v. Panenka
Civil Procedure Small claims; jurisdiction This is an appeal of two small claims judgments. Both were awarded to Kristine Panenka for reimbursement of money given to her sister, Kimberly Panenka. Kimberly appeals both judgments. She contends that because they add up to more than $5000, they exceed the jurisdictional limit for small claims. She also […]
09-2022 R.G. Wegman Construction Co. v. Admiral Ins. Co.
Civil Procedure Diversity jurisdiction An insured pursuing a bad faith action against its insurer cannot defeat diversity jurisdiction by naming the plaintiff in the underlying action as a defendant. “Budrik, like Wegman, is a citizen of Illinois, so if he’s really a defendant the requirement of complete diversity of citizenship is not satisfied. But a […]
10-1154 In re: Trans Union Corp. Privacy Litigation
Civil Procedure Class actions; attorney fees The special master in a class action arbitrarily reduced attorney’s fees. “The 12 percent figure was plucked out of a hat, and a hat with three holes in it: the unresolved comparison with securities class actions, the arbitrary reduction in attorneys’ fees for the nonpecuniary relief, and the perfunctory […]
2009AP2572 Bergstrom v. Polk County
Civil Procedure Service of process Where a property owner seeks certiorari review of a county’s issuance of a reclamation permit, but did not serve the county as prescribed in 801.11(4)(a)1, the circuit court lacks jurisdiction. “In an action against a county, Wis. Stat. ch. 801 requires personal service upon the county board chairperson or county […]
2009AP3075 State v. Ryan
Civil Procedure Judicial estoppel Where a party maintained it was the owner of property in an eminent domain proceeding, it is estopped from arguing it is not in a later forfeiture action. “We think that Ryan presents a textbook example of a litigant playing ‘fast and loose’ with the judicial system. See Harrison, 187 Wis. […]
10-8035, 10-8036, 10-8039, 10-8040, 10-8041, 10-8042 & 10-8048 Koral v. Boeing Co.
Civil Procedure Class actions; removal Individual suits cannot be removed to federal court based only on an expectation that the cases will be consolidated into a class action. “The proposal must be to the court in which the suits are pending, but if the plaintiffs’ statement to the state court that we quoted was a […]
2009AP2941 Jackson v. Toyota Motor Credit Corporation, et al.
Civil Procedure Amended complaints Jeanine L. Jackson, Cheyenne S. McKinney-Jackson, and Judith Jackson, pro se, appeal from an order of the circuit court denying their motion for leave to file a second amended complaint and granting Toyota Motor Credit Corporation and Toyota Financial Services’ (collectively “Toyota”) motion to dismiss. Because we conclude that the circuit [&hel[...]
2009AP2020, 2010AP160 Perine v. Wild, et al.
Civil Procedure Contempt; sanctions We sua sponte consolidate these two appeals. See Wis. Stat. Rule 809.10(3). In 2009AP2020, Thomas Wild, J. Manuel Raneda, Esq., and The Law Offices of J. Manuel Raneda, LLC, appeal the Honorable Dennis P. Moroney’s June of 2009 order in a garnishment proceeding requiring “that by June 18, 2009, [Raneda and […]
2010AP624 Moore v. Dougherty
Civil Procedure Frivolous lawsuits; sanctions This appeal arises from Ann Moore’s claimed future interest in a cottage owned by her mother, Mary Dougherty. Moore appeals from the part of an order granting Dougherty’s motion for sanctions against her for violating Wis. Stat. § 802.05 (2007-08). We affirm the order. In addition, we deny Dougherty’s motion […]
2010AP712 Fond du Lac County v. Kedinger
Civil Procedure Jury trials; judicial bias; interpreters D.T. Kedinger appeals from orders denying him an interpreter based on trial court findings that he does not have a hearing disability and denying reconsideration of the judgment against him. He makes four discernable claims: that he was improperly denied an interpreter, that he did not receive notice […]
10-1167 Blockowicz v. Williams
Civil Procedure Injunctions Rule 65 (d)(2)(C) is not the appropriate remedy for compelling a website manager to remove defamatory material. “With sympathy for the Blockowiczs, we conclude that Rule 65(d)(2)(C) is not the appropriate mechanism for achieving the removal of the defendants’ posts. Xcentric and Magedson have simply failed to act in any way relevant […]
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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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