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Tag Archives: dismissal

10-1545 Polzin v. Gage

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 ...

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09-16668-7 In re Neale

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 ...

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2009AP2007-D OLR v. Torvinen

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 ...

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2008AP834-D OLR v. Kessler

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 ...

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2009AP1529-D OLR v. Kessler

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, ...

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2010AP913 Murray v. Mazda

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, ...

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