How long should it take for an insurer’s check to arrive after a settlement has been reached? Does it matter on which continent the insurer is located? The Court of Appeals recently analyzed these questions.

Tagged with: Bench Blog interest Jean DiMotto Lisa Stark Michael Gage settlements

In another interesting decision, 7th Circuit Court of Appeals Judge Richard Posner has allowed Native Americans to hunt deer at night, debunking concerns about safety.

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In the first Wisconsin case applying the Daubert standard on admissibility of expert witness testimony, the court of appeals explains “what the Daubert rule is and what it is not.”

Tagged with: Bench Blog Daubert Jean DiMotto Milwaukee County Circuit Court

Is a teenager capable of consenting to wear a wire? The Court of Appeals recently addressed this issue of first impression in Wisconsin.

Tagged with: Bench Blog Fourth Amendment Jean DiMotto Michael Gage

The Wisconsin Supreme Court subscribes to a new interpretation of “surviving spouse” under the wrongful death statute.

Tagged with: Annette Ziegler Bench Blog David Prosser J. Mac Davis Jean DiMotto Shirley Abrahamson Wisconsin Supreme Court

The Court of Appeals recently had an opportunity to review a decision that addressed contingency fees after the break-up of a law practice.

Tagged with: Bench Blog Jean DiMotto Michael Hoover Terry Johnson

What can an ordinary passenger do to stop police from searching the passenger’s property when it’s in a vehicle being searched with the driver’s consent?

Tagged with: Annette Ziegler Bench Blog Consent David Prosser Jean DiMotto Michael Gableman Patience Roggensack Patrick Crooks Shirley Abrahamson Timothy Van Akkeren

The 7th Circuit Court of Appeals recently dashed the hopes of lead paint manufacturers that wanted the federal courts to dismiss pending cases as unconstitutional.

Tagged with: 7th Circuit Bench Blog Jean DiMotto lead paint Rudolph Randa

Drugged driving is trending in Wisconsin, an unfortunate result of the increased levels of cocaine and heroin circulating in state.

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Everyone appreciates a well-written decision, so there is general agreement that federal District Judge Barbara Crabb wrote a bravura opinion in declaring Wisconsin’s constitutional amendment banning same-sex marriages unconstitutional.

Tagged with: Barbara Crabb Bench Blog gay marriage J.B. Van Hollen Jean DiMotto

In a recent Court of Appeals’ case, domestic violence clashed with the open records law.

Tagged with: Jean DiMotto Karen Christenson Kitty Brennan Milwaukee County Circuit Court Open Records

The Wisconsin Supreme Court used a numerical ratio to reduce what it considered to be an unconstitutionally excessive punitive damages award.

Tagged with: Annette Ziegler Bench Blog Gary Sherman Jean DiMotto Shirley Abrahamson Todd Ehlers Wisconsin Supreme Court

In an abbreviated opinion, the Wisconsin Supreme Court clarified its previous, murky plurality decision in State v. Johnson on State v. Shiffra jurisprudence.

Tagged with: Ann Walsh Bradley Bench Blog David Prosser Eugene Gasiorkiewicz Jean DiMotto Michael Gableman Paul Reilly Richard Brown State v. Johnson

A state appeals court ordered a new trial Tuesday for a Milwaukee man accused of shooting his parents.

Tagged with: 1st District Court of Appeals homicide Jean DiMotto Kitty Brennan

When is a Terry “stop and frisk” permissible under the Fourth Amendment in “a very high-volume … crime area with a lot of gun violence?” The District I Court of Appeals recently provided guidance.

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In an overly long opinion, the Wisconsin Supreme Court decided a child abuse case involving a presentence plea withdrawal without an appropriate illumination of the law.

Tagged with: Ann Walsh Bradley Annette Ziegler Bench Blog Gary Sherman Jean DiMotto Nicholas McNamara Wisconsin Supreme Court

Grabbing the bull by the horns, the Court of Appeals clarified a recurring issue in those misdemeanor sentencings that involve a penalty enhancer.

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A new state statute trumps local governments’ residency rules in a case decided in Milwaukee County Circuit Court.

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In a child sexual assault case that divided the Court of Appeals, the state Supreme Court properly kept the focus on the elements of the crime and a jury’s function.

Tagged with: Ann Walsh Bradley Bench Blog Court of Appeals Jean DiMotto Kitty Brennan Patricia Curley Wisconsin Supreme Court

In a decision that touches all three branches of government, the court of appeals decided that in actions for civil forfeiture pretrial discovery may be conducted.

Tagged with: Bench Blog collective bargaining Court of Appeals First Amendment Freedom of speech Jean DiMotto John Markson Paul Lundsten Scott Walker William Hanrahan

There has been a recent spate of appellate cases interpreting insurance policies, including Schinner v. Gundrum and Barrows v. Renfrow. In the newest, Phillips v. Parmelee, all three levels of courts agreed on the interpretation of an asbestos exclusion.

Tagged with: Bench Blog Insurance Jean DiMotto Patricia Curley Shirley Abrahamson Timothy Witkowiak Wisconsin Supreme Court

In December the Court of Appeals decided a novel insurance exclusion case involving a grade-school boy’s gun death.

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In declining to note its own precedent, the Wisconsin Supreme Court has allowed the governor and state officials to violate a declaratory judgment during the appellate process.

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A well-presented Court of Appeals case affirmed that when the defendant breaches a plea agreement prior to sentencing, the state may change its side of the agreement.

Tagged with: Bench Blog Court of Appeals District II Court of Appeals Jean DiMotto Lisa Neubauer Plea agreements

A decision at the end of its last term divided the Wisconsin Supreme Court several ways.

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The U.S. Supreme Court has changed course after nearly 50 years by deciding that the touchstone of Fourth Amendment jurisprudence is trespass to a property interest, not reasonable expectation of privacy.

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In a new court of appeals case, the doctrine of mutual mistake in a home sale contract meets a motion for sanctions based on frivolous claims.

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When there’s no objection to jury instructions, how can they be faulty enough to warrant reversal?

Tagged with: Bench Blog Court of Appeals Dennis Cimpl Jean DiMotto Joan Kessler Milwaukee County Circuit Court

Voir dire is subject to judicial control and discretion, so it pays to know your judge.

Tagged with: Bench Blog Jean DiMotto Kitty Brennan Rodney Cubbie Voir dire

A mental commitment case that recently went before the state Supreme Court offers a valuable lesson to attorneys and judges: listen closely.

Tagged with: Annette Ziegler Bench Blog Court of Appeals David Prosser Jean DiMotto Mark Mangerson Michael Gage Third District Court of Appeals Wisconsin Supreme Court