A well-presented Court of Appeals case affirmed that when the defendant breaches a plea agreement prior to sentencing, the state may change its side of the agreement.

Tagged with: Bench Blog Court of Appeals District II Court of Appeals Jean DiMotto Lisa Neubauer Plea agreements

The Court of Appeals has peeled a layer off Wisconsin’s thick and smelly land-use onion.

Tagged with: 2nd District Court of Appeals Court of Appeals Mark Gundrum

The Wisconsin Court of Appeals on Wednesday ruled that the Kewaskum School District was wrong when it claimed Act 10 negated any part of a contract that was in effect when the law was passed.

Tagged with: Court of Appeals Paul Reilly

The U.S. Supreme Court has changed course after nearly 50 years by deciding that the touchstone of Fourth Amendment jurisprudence is trespass to a property interest, not reasonable expectation of privacy.

Tagged with: Bench Blog Court of Appeals Florida v. Jardines Fourth Amendment GPS Jean DiMotto Milwaukee County Circuit Court

Forum selection clauses are commonly used to control where disputes can be adjudicated, particularly those arising from business and consumer contracts. But when a party files suit in a court other than the one specified in such an agreement, how can the aggrieved party enforce the contract terms, given that federal law controls the issue of venue?

Tagged with: Court of Appeals Elena Kagan John Roberts Ruth Bader Ginsburg U.S. Supreme Court

In a new court of appeals case, the doctrine of mutual mistake in a home sale contract meets a motion for sanctions based on frivolous claims.

Tagged with: Bench Blog breach of contract Court of Appeals Jean DiMotto Kevin Martens Kitty Brennan

County employees who retire after a health benefit is taken away are not eligible to receive the benefit, even if it was promised when they were hired, according to a Wisconsin Court of Appeals decision issued Tuesday.

Tagged with: Christopher Foley Court of Appeals Hawks Quindel Joan Kessler Lindner & Marsack

When there’s no objection to jury instructions, how can they be faulty enough to warrant reversal?

Tagged with: Bench Blog Court of Appeals Dennis Cimpl Jean DiMotto Joan Kessler Milwaukee County Circuit Court

The Wisconsin Court of Appeals refused to overturn the conviction of a Somali refugee who argued that a Milwaukee County judge didn’t properly explain the ramifications a plea would have on his immigration status.

Tagged with: Carl Ashley Court of Appeals

A western Wisconsin horse trainer has lost a legal dispute over a show jumper in a case that gives a glimpse into the world of champion horses.

Tagged with: breach of contract Court of Appeals

When David Turnpaugh appeared before the Wisconsin Claims Board on Wednesday for the third time in three years, he knew he would receive compensation for his wrongful conviction on prostitution and bail-jumping charges in 2006.

Tagged with: Brian Hagedorn Court of Appeals David Turnpaugh Paul Van Grunsven Wisconsin Claims Board

A mental commitment case that recently went before the state Supreme Court offers a valuable lesson to attorneys and judges: listen closely.

Tagged with: Annette Ziegler Bench Blog Court of Appeals David Prosser Jean DiMotto Mark Mangerson Michael Gage Third District Court of Appeals Wisconsin Supreme Court

Law enforcement officers for years have taken advantage of overly broad civil forfeiture laws.

Tagged with: Anthony Cotton Court of Appeals Eighth Amendment forfeiture Kuchler & Cotton Law Offices On the Defensive

The village of Brown Deer is seeking confirmation from the Wisconsin Court of Appeals that a reconstruction project on five roads is legal.

Tagged with: Alan Marcuvitz Brown Deer Court of Appeals Hugh Braun Michael Best & Friedrich Rick Sankovitz

A Green Bay man’s marijuana conviction was overturned after the Court of Appeals said a police officer unlawfully searched the man’s car and found evidence during a traffic stop that was already completed.

Tagged with: Court of Appeals marijuana

A health and fitness club could not enforce an exculpatory waiver that a member signed when he joined the club, the Wisconsin Court of Appeals has ruled in reversing a dismissal.

Tagged with: Court of Appeals exculpatory evidence

A recent decision from the Wisconsin Court of Appeals affirmed that the University of Wisconsin Hospital could pursue a hospital lien against a Medicare-eligible patient even after the Medicare billing period had expired.

Tagged with: Court of Appeals John Albert liens Medicare Wisconsin Court of Appeals

It’s an issue that leaves employment lawyers and their clients scratching their heads: Must an employer reassign a disabled employee to a vacant position that would have otherwise been filled by a competitive process?

Tagged with: 7th Circuit ADA Court of Appeals Reinhart Boerner Van Deuren U.S. Supreme Court

A nursing home could not demand arbitration of a wrongful death claim when the service designated in its admissions contract had exited the consumer-arbitration business, the Wisconsin Court of Appeals has ruled in affirming judgment.

Tagged with: Court of Appeals

The next big issue in the national debate over guns -- whether people have a right to be armed in public -- is moving closer to Supreme Court review.

Tagged with: 7th Circuit concealed carry Court of Appeals Richard Posner U.S. Supreme Court

The Wisconsin Claims Board is considering claims from four people who were sentenced to time behind bars before their convictions were overturned.

Tagged with: Court of Appeals Forest Shomberg William Avery Wisconsin Claims Board

A state appeals court says a judge was wrong to block testimony from a woman who claims she witnessed the killing of a Milwaukee man.

Tagged with: Court of Appeals Richard Sankovitz

The Wisconsin Court of Appeals’ decision Tuesday in Gustavo Montalvo v. US Title and Closing Services LLC et al., 2012 AP 103, could, according to the Wisconsin Land Title Association, have “far reaching and disturbing implications” on the trustworthiness and process of title searches in the state.

Tagged with: Court of Appeals punitive damages

The Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.

Tagged with: Court of Appeals Defense of Marriage Act same-sex marriage U.S. Supreme Court

A federal judge says the Ho-Chunk tribe can continue to offer electronic poker at its Madison casino.

Tagged with: 7th Circuit Barbara Crabb Court of Appeals Ho-Chunk

The running fight over gay marriage is shifting from the ballot box to the Supreme Court.

Tagged with: Court of Appeals Defense of Marriage Act Elena Kagan gay marriage Supreme Court

In January, for the 10th time, Waupun Correctional Institution inmate Charles Rogers appealed his conviction. This week, for the 10th time, a court rejected his appeal.

Tagged with: Battery Court of Appeals homicide

The city of Milwaukee filed a petition Tuesday to intervene in a lawsuit alleging Gov. Scott Walker’s collective bargaining law is unconstitutional.

Tagged with: 4th District Court of Appeals collective bargaining Court of Appeals Grant Langley J.B. Van Hollen Juan Colas Scott Walker unions

Starbucks violated state wage and hour law by allowing shift supervisors to share in its baristas’ tip pools, the 1st Circuit has ruled in affirming a $14 million class award.

Tagged with: class-action lawsuit Court of Appeals

The Supreme Court on Tuesday issued its first opinion of the new term, saying a lawyer cannot combine two laws to sue the federal government for violating identity theft protection laws banning the printing of credit card numbers and expiration dates on receipts.

Tagged with: Antonin Scalia Court of Appeals Fair Credit Reporting Act Identity theft U.S. Supreme Court