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Tag Archives: Inc.

10-6 Global-Tech Appliances, Inc., v. SEB S.A.

Intellectual Property Patents; induced infringement Induced infringement under 35 U.S.C. 271(b) requires knowledge that the induced acts constitute patent infringement. Induced infringement was not considered a separate theory of indirect liability in the pre-1952 case law, but was treated as evidence of “contributory infringement,” i.e., the aiding and abetting of direct infringement by another party. When Congress enacted §271,it separated ...

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10-CV-09 Wisconsin Carry, Inc., v. City of Greenfield

United States District Court CIVIL OPINIONS Constitutional Law Right to bear arms A lawsuit alleging that the Wisconsin Gun Free School Zone Act violates the right to bear arms states a claim for relief. “[T]he amended complaint asserts that Greenfield, through a letter from its police chief, warned plaintiff Plautz and his guests that they risked arrest and prosecution for ...

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2008AP322 Nestle USA, Inc., v. DOR

Tax Property taxes; highest and best use Even if there are no sales of comparable properties anywhere in the country, the property tax assessor can still value the property’s highest and best use based on its current use. “We find the Commission’s conclusion that the Gateway Plant’s highest and best use is as its continued use as a powdered infant ...

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2010AP333 Kuhnert v. Advanced Laser Machining, Inc.

Employment Overtime wages The DWD’s method of calculating overtime pay for salaried employees is correct. “The department’s calculation methodology is consistent with the statutory and code requirements that an employee be paid time and one-half the regular rate for hours worked in excess of forty hours per week. See Wis. Stat. § 103.025(1)(c); Wis. Admin. Code § DWD 274.03. The ...

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2009AP2260 U.S. Oil Co., Inc., v. City of Milwaukee

Tax Uniformity clause Where a municipality assessed one taxpayer using the income approach when it could have similarly reassessed all comparable properties, the assessment violated the Uniformity Clause. “There is no dispute that Furdek used the income method to reassess the property. In preparation for the Board of Review hearing, Furdek reviewed U.S. Oil’s initial $6 million assessments for 2004 ...

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2010AP355 Heritage Farms, Inc., v. Markel Ins. Co.

Torts Forest fires; damages Section 26.21 does not mandate that double damages be awarded in situations where a private owner’s property is destroyed by a forest fire which occurred though negligence. “The legislature’s use of the words ‘may’ in subsection (1) and ‘shall’ in subsection (2) in describing the liability of an individual responsible for causing a forest fire demonstrates ...

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06-cv-611 Silicon Graphics, Inc., v. ATI Technologies, Inc.

Professional Responsibility Choice of law Wisconsin’s rules governing conflicts of interest do not apply in federal court. “Despite the lack of a clear holding in this circuit, I agree with defendants that federal law is controlling. As a general matter, federal courts apply state law to ‘substantive’ questions when state law created the underlying cause of action. Bevolo v. Carter, ...

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