2011AP559 Wagner Dairy Farms LLC, et al v. Tri-County Dairy Supply Inc., et al.

11-3398 West v. West

11-3227 Richards v. Mitcheff

2011AP2356 Andersen v. Monco Law Offices

10-2514 Messner v. Northshore University HealthSystem

2011AP130-CR State v. Wedde

10-3849 Brown v. Columbia Sussex Corp.

2010AP2503 Vitrano v. Lessard

2011AP64 Barricade Flasher Service, Inc., v. Wind Lake Auto Parts, Inc.

Civil Procedure Sanctions; dismissal

Civil Procedure Dismissal

Civil Procedure Dismissal; waiver

Suppose you represent a plaintiff and have reached a settlement with the defendant, but your client reneges and refuses to go forward with the deal.

Civil Procedure Sanctions; dismissal Where a case is settled, but the plaintiff backs out, the district court may dismiss the lawsuit as a sanction. “We do not render this decision lightly. The settlement agreement that was vacated provided for what on all accounts appeared to be a significant recovery for Lewis; the defendants had even admitted liability on the FMLA ...

Civil Rights Dismissal Where the trial judge did not state the reason for dismissing one of the plaintiff’s claims, the case must be remanded. “Mr. Polzin also submits that, while the special prosecutor was performing an investigatory function, she and the DCI investigators violated his constitutional rights by failing to conduct a full investigation and by falsifying evidence to conceal ...

Sexually Violent Persons Petitions for discharge; dismissal Kenneth R. Parrish appeals from an order dismissing his petition for discharge as a sexually violent person under Chapter 980 of the Wisconsin Statutes on the grounds that: (1) the trial court prematurely dismissed his petition even though he requested and was entitled to the appointment of an examiner pursuant to Wis. Stat. ...

Bankruptcy Fraud; dismissal Where an adversary complaint seeks to except a debt from discharge because of fraud, but fails to include allegations how the debtor defrauded the creditor, it must be dismissed. “The bankruptcy code only authorizes a discharge for the proverbial ‘honest but unfortunate debtor.’ Grogan v. Garner, 498 U.S. 279, 287, 111 S. Ct. 654, 112 L. Ed. ...

Professional Responsibility Dismissal Where attorney Kyle H. Torvinen carefully considered whether a conflict of interest existed in his representation of a client, and ultimately did withdraw from representation, the misconduct claim against him is dismissed. “We agree with the referee that Attorney Torvinen exercised sensitive professional and moral judgment, and maintained a professional, courteous and civil attitude toward all parties ...

Professional Responsibility Dismissal Where attorney Frederick P. Kessler only suggested that another person make a misrepresentation, but did not make one himself, the disciplinary proceedings against him must be dismissed. “The rule does, however, require that there be, at a minimum, a dishonest or deceitful statement or a misrepresentation. That did not occur in this case. Attorney Kessler’s statement suggested ...

Professional Responsibility Dismissal Where the referee’s finding that Judge Joan F. Kessler did not lie to investigators was not clearly erroneous, the disciplinary proceedings against her must be dismissed. “The only possible grounds to overturn the referee’s factual findings, then, are inferences. As the referee acknowledged, one could certainly draw inferences adverse to the ones drawn by the referee based ...

Civil Procedure Small claims; dismissal; motion to reopen Sandra Murray, pro se, brought this small-claims action against Russ Darrow Mazda claiming in her small-claims complaint that Darrow improperly “topped off critical [brake] fluid [, which] caused contamination of rubber” in, apparently, the brake “master cylinder.” Her complaint indicates that she was told that by “Car-X # 4906.” Following a dismissal ...