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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 […]
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. […]
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 […]
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 [&hell[...]
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.
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 […]
2009AP2810 Accola v. Fontana Builders, Inc.
Insurance Liability insurance; care, custody, or control exclusions The loss of a third party’s personal property, not necessary to work being done by an insured, is not excluded from coverage by a care, custody, or control exclusion. “In order to win under the ‘care, custody, or control’ exclusion of its policy at the summary judgment […]
09-3374 Temme v. Bemis Co., Inc.
Employment ERISA Medical benefits under a plant closing agreement vested for life, even though the agreement did not explicitly use those terms. “The language contained in the Closing Agreement clearly entitles retirees to an eligibility for a specific medical benefit. The retirees represented in this action were eligible for these retiree medical benefits, and elected […]
Bridge for no one a costly mistake
Good bridges make good neighbors. We’re blessed with some great bridges here in Wisconsin. The bridge that connects downtown Milwaukee to Walker’s Point (that’s the historic Fifth Ward to you younger attorneys) is a masterpiece.
Feds won’t speed up state court pace
Longstanding precedent holds that federal courts can’t enjoin state court proceedings, despite the state court defendant’s claim that the proceedings violate federal rights. Younger v. Harris, 401 U.S. 37 (1971).
09-2043 Goodman v. National Security Agency, Inc.
Employment Equal Pay Act Where a female employee was paid more, not less, than a comparable male employee, summary judgment was properly granted to the employer on her Equal Pay Act claim. “Moore’s testimony is partly confirmed by the company’s payroll records, which show that he was hired at the same rate as Goodman, but […]
09-1892 Bodum USA, Inc., v. La Cafetiere, Inc.
Civil Procedure Foreign law; expert testimony Expert testimony about the meaning of foreign law is unnecessary when the foreign law at issue is France’s. “Sometimes federal courts must interpret foreign statutes or decisions that have not been translated into English or glossed in treatises or other sources. Then experts’ declarations and testimony may be essential. […]
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Loading ...Legal News
- Wisconsin attorney loses law license, ordered to pay $16K fine
- Former Wisconsin police officer charged with 5 bestiality felony counts
- Judge reject’s Trump’s bid for a new trial in $83.3 million E. Jean Carroll defamation case
- Dozens of deaths reveal risks of injecting sedatives into people restrained by police
- The Latest: Supreme Court arguments conclude in Trump immunity case
- Net neutrality restored as FCC votes to regulate internet providers
- Wisconsin Attorney General asks Congress to expand reproductive health services
- Attorney General Kaul releases update at three-year anniversary of clergy and faith leader abuse initiative
- State Bar leaders remain deeply divided over special purpose trust
- Former Wisconsin college chancellor fired over porn career is fighting to keep his faculty post
- Pecker says he pledged to be Trump campaign’s ‘eyes and ears’ during 2016 race
- A conservative quest to limit diversity programs gains momentum in states
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
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- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
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