A jury awarded a Wisconsin-based graphic artist $3,980,533.30 in damages for infringed illustrations.Read More »
Tag Archives: Inc.
Antitrust — tying
13-1560 Batson v. Live Nation Entertainment, Inc.Read More »
Constitutional Law — establishment clause
3:11-cv-00626 Freedom From Religion Foundation, Inc., v. LewRead More »
Employment — FLSA
12-3306 DeKeyser v. Thyssenkurpp Waupaca, Inc.Read More »
Civil Procedure — class actions
12-2339 & 12-2354 Silverman v. Motorola Solutions, Inc.Read More »
Employment — race discrimination
12-2561 Johnson v. Koppers, Inc.Read More »
Employment — wage claims
2012AP2196 Weissman v. Tyson Prepared Foods, Inc.Read More »
False Claims Act — dismissal
12-1369, 12-1967, 12-1979, 12-2008 & 12-2891 Leveski v. ITT Educational Services, Inc.Read More »
Constitutional Law — freedom of speech
12-10 AID v. Alliance for Open Society International, Inc.Read More »
Intellectual Property – copyright — first sale doctrine
11-697 Kirtsaeng v. John Wiley & Sons, Inc.Read More »
Civil Rights — cruel and unusual punishment
12-1774 Ray v. Wexford Health Sources, Inc.Read More »
Employment — Title VII — statute of limitations
12-1875 Begolli v. Home Depot, U.S.A., Inc.Read More »
Insurance — notice
2011AP2596 Ansul, Inc., v. Employers Insurance Co. of WausauRead More »
Public Health – Medicaid — abortion
11-2464 Planned Parenthood of Indiana, Inc., v. Commissioner of the Indiana State Department of HealthRead More »
Bankruptcy; Trustee’s duty to prosecute
11-2112 In re Fort Wayne Telsat, Inc.Read More »
Evidence; Expert testimony
10-1194 Bielskis v. Louisville Ladder, Inc.Read More »
10-3073 Diaz v. Kraft Foods Global, Inc.
Employment Race discriminationRead More »
10-3135 Crawford v. Countrywide Home Loans, Inc.
Civil Rights ForeclosureRead More »
10-2509 In re Grede Foundries, Inc.
Bankruptcy Utility billsRead More »
11-C0171 Williams v. C&D Technologies, Inc.
Civil Procedure Subject matter jurisdictionRead More »
06-C-0715 EEOC v. Management Hospitality of Racine, Inc.
Employment ContemptRead More »
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 ... Subscribe ...Read More »
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 ...Read More »
Botsford anything but a rolling stone
Beyond being a dedicated advocate of civil legal services for the poor, attorney Jim Botsford is a devout Bob Dylan fan.Read More »
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 ... Subscribe ...Read More »
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 ... Subscribe ...Read More »
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 ... Subscribe ...Read More »
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 ... Subscribe ...Read More »
Owner can sue U.S. over seized goods
Suing the United States under the Federal Tort Claims Act (FTCA) is a viable remedy for wrongfully seizing goods under the civil forfeiture laws.Read More »
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 ... Subscribe ...Read More »