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2010AP1666-CR State v. Larson
Criminal Procedure Statute of limitations; attempted murder
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 […]
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 […]
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 limitat[...]
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 […]
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 […]
2010AP2324-CR, 2010AP2325-CR State v. Faber
Motor Vehicles OWI; statute of limitations The State of Wisconsin appeals from an order of the circuit court dismissing the criminal charges against Bradley A. Faber. Faber was issued a pair of citations for operating a motor vehicle while intoxicated (OWI) (First offense) by the City of Delavan in November 2005 and February 2006. The […]
09-3741 Beard v. CIR
Tax Income tax; statute of limitations An overstatement of basis can be treated as an omission from gross income, triggering a six-year statute of limitations. “[A] plain reading of Section 6501(e)(1)(A) would include an inflation of basis as an omission of gross income in non-trade or business situations. See Regions Hospital v. Shalala, 522 U.S. […]
10-1596 DeTata v. Rollprint Packaging Products, Inc.
Employment Discrimination; statute of limitations Oral notice that the EEOC has issued a right-to-sue letter is insufficient to trigger the 90-day statute of limitations. “Even if we were to adopt the Ebbert court’s rule, under which an oral communication may qualify as statutory notice if equivalent to written notice, Rollpoint would be no better off. […]
08-CV-693 Mirbeau of Geneva Lake, LLC, v. City of Lake Geneva
Torts Tortious interference with contract; statute of limitations The statute of limitations for tortious interference with contract is two years under sec. 893.57. “The jurisprudence of the Wisconsin Supreme Court casts doubts on the legal efficacy of the interpretation of § 893.57 made by the plaintiff, and assumed to be true by the court, in […]
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- Gov. Evers seeks applicants for Sheboygan and Green County Sheriffs
- North Carolina man who harbored Nazi memorabilia and attacked Black and Latino men sentenced to 41 months
- Amended complaint filed in federal court against State Bar of Wisconsin seeks punitive damages
- United Healthcare suit against cancer drug distributor time-barred
- Trump’s Wisconsin visit warns of jail time if he violates a trial gag order
- Dane County court overturns residential solar decision
- Judge faces formal complaint from state board
- Bankruptcies up 16% in U.S.
- (Updated) Wisconsin law enforcement clash with pro-Palestinian Madison protestors
- Gov. Evers seeks applicants for Lafayette County Circuit Court
- Complaint against University filed by Wisconsin law firm over $1.9M given to Palestinian students
- Hush money trial judge raises threat of jail as he finds Trump violated gag order, fines him $9K
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