2010AP1519 Enciso-Lopez v. Monteagudo, et al.
Civil Procedure Standing; illegal aliens Luis Cervando Enciso-Lopez appeals a small claims court judgment in which the court found that he lacked standing to sue Virgilio and Neisy Monteagudo and La Gordola, Inc. (collectively, “the Monteagudos”). Enciso contends that the small claims court erred when it held that he did not have standing to sue […]
2009AP000688 Foley-Ciccantelli v. Bishop’s Grove Condominium Association, Inc.
Civil Procedure Attorney disqualification; standing A non-client party may establish standing to disqualify an attorney when prior representation is so connected with the current litigation that the prior representation is likely to affect the just and lawful determination of the non-client party’s position; but appearance of impropriety is too low a standard to meet for […]
10-1973 Freedom From Religion Foundation, Inc., v. Obama
Constitutional Law Establishment Clause; standing Citizens lack standing to challenge 36 U.S.C. 119, establishing the National Day of Prayer. “Section 119 imposes duties on the President alone. It does not require any private person to do anything—or for that matter to take any action in response to whatever the President proclaims. If anyone suffers injury, […]
National Day of Prayer upheld
A Madison-based organization opposed to religion lacks standing to challenge the National Day of Prayer.
2010AP1162 Highway J Citizens Group U.A. v. Village of Richfield
Municipalities Annexation; standing Highway J Citizens Group (HJCG) appeals from a judgment dismissing its complaint challenging the annexation of property in the Town of Polk by the Village of Richfield. The circuit court determined that HJCG lacked standing to challenge the annexation. HJCG argues it has standing because the annexation causes its members pecuniary injury […]
2010AP824 Wetzler v. Division of Hearings and Appeals and Department of Regulation and Licencing
Administrative Law Licensing; standing Robert Wetzler, M.D., is the subject of an investigation by the State of Wisconsin Department of Regulation and Licensing (DRL). Under the terms of a stipulation in a previous disciplinary proceeding conducted by the Wisconsin Medical Examining Board (MEB), Wetzler submitted to an evaluation of his professional competency by the Physician […]
2010AP1186 Smerz v. Delafield Town Board
Municipalities Discontinuation of alleys; standing A property owner whose property does not abut a discontinued alley has no standing to challenge the discontinuance. “Even though he does not assert that any of the objectors’ land abuts the discontinued segments, Smerz argues that he nonetheless has standing because of a single sentence in § 66.1003(3): ‘The […]
09-3379 Stayart v. Yahoo! Inc.
Intellectual Property Trademark infringement; standing Before a plaintiff may assert a claim under the Lanham Act, she must have a commercial interest to protect. “Relying on cases in other circuits, Stayart argues that because her activities include advocacy and boycotts she is engaged in ‘services’ and ‘commercial activities’ and therefore has standing to pursue her[...]
Legal News
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