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Tag Archives: statute of limitations

Court overturns attempted homicide conviction (UPDATE)

By DINESH RAMDE Associated Press MADISON, Wis. (AP) — A man convicted of severely beating a Brown County gas-station clerk in 1994 had his conviction overturned this week after an appeals court ruled that a statute of limitations should have applied to his case. Rodney A. Larson was charged in 2008 with attempted first-degree intentional homicide in a pipe attack ...

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2010AP2640 Geiger v. Hanneman, et al.

Contracts Statute of limitations Gerard and Kelly Geiger appeal a summary judgment dismissing their negligence claim against Coleman Engineering Company and awarding Coleman attorney fees and litigation expenses. The circuit court concluded the Geigers’ suit was untimely because they did not make their claim within the time period required by their contract with Coleman. The Geigers argue the circuit court ...

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2010AP926 Silverstein v. Amidzich, et al.

Torts Breach of fiduciary duty; statute of limitations Bradford Amidzich and Allen Silverstein terminated their business agreement. Amidzich appeals a judgment deciding that payments he thought due him were not royalties and that rescissory damages, a constructive trust and prejudgment interest were not appropriate. Silverstein cross-appeals an underlying order deciding that the statute of limitations had not run on Amidzich’s ...

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10-3672 Sawyer v. Atlas Heating and Sheet Metal Works, Inc.

Civil Procedure Statute of limitations; tolling; class actions Where a plaintiff in a proposed class action in state court voluntarily dismisses the case, the statute of limitations is tolled during the period the suit was pending. “Sawyer did not have any way to prevent Park Bank from dismissing the original suit—nor did the state court permit Sawyer to intervene and ...

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2009AP1714 Emjay Investment Co. v. Village of Germantown

Municipalities Special assessments; statute of limitations An aggrieved property owner must strictly comply with the 90-day period of appeal in sec. 66.0703(12)(a) or forfeit the right to appeal. “The legislature has explicitly directed that an appeal under Wis. Stat. § 66.0703(12) is the ‘sole remedy’ of a property owner aggrieved by a special assessment levied under § 66.0703: An appeal ...

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