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Tag Archives: Good faith

Another exception adopted for exclusionary rule

The exclusionary rule does not apply if an unlawful search was permitted by binding precedent at the time it occurred. U.S. Supreme Court Justice Samuel Alito wrote for the Court on June 16, “It is one thing for the criminal ‘to go free because the constable has blundered.’ It is quite another to set the criminal free because the constable ...

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2010AP1427 Stolen Farms Inc., et al. v. American Transmission Company LLC, et al.

Property Eminent domain; good faith This appeal arises out of five consolidated cases brought by landowners challenging the condemnation of their property by American Transmission Company LLC and ATC Management, Inc. (collectively, ATC). The landowners challenge ATC’s right to condemn portions of their properties by obtaining easements for the purpose of upgrading a high voltage transmission line. The circuit court ...

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2010AP826 Marquez v. Mercedes-Benz USA, LLC

Certifications Consumer Protection Lemon Law; good faith; burden of proof Pursuant to Wis. Stat. Rule 809.61 (2009-10) this court certifies the appeal in this case to the Wisconsin Supreme Court for its review and determination. What is the proper burden of proof to be applied to an allegation of intentional bad faith on the part of a consumer in a ...

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2010AP418 Wisconsin Housing and Economic Development Authority v. Tri-Corp. Housing Inc., et al.

Contracts Good faith; tortious interference Tri-Corp Housing, Inc., appeals the grant of summary judgment to the Wisconsin Housing and Economic Development Authority (“WHEDA”) on WHEDA’s foreclosure claim against Tri-Corp. Tri-Corp also appeals the grant of summary judgment in favor of WHEDA dismissing all of Tri-Corp’s counterclaims against WHEDA. Tri-Corp argues on appeal that because the evidence in the record was ...

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