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Refusal to settle leads to dismissal
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.
10-1453 Lewis v. School District #70
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 […]
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 the DCI investigators violated his constitutional rights by failing to conduct a full investigation and […]
2010AP809 In re the commitment of Kenneth R. Parrish
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 […]
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 the proverbial ‘honest but unfortunate debtor.’ Grogan v. Garner, 498 U.S. 279, 287, 111 S. […]
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 that Attorney Torvinen exercised sensitive professional and moral judgment, and maintained a professional,[...]
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 minimum, a dishonest or deceitful statement or a misrepresentation. That did not occur in this […]
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, are inferences. As the referee acknowledged, one could certainly draw inferences adverse to the [...]
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, apparently, the brake “master cylinder.” Her complaint indicates that she was told that by &#[...]
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