Provocation Rule – Search and Seizure
The Fourth Amendment provides no basis for the Ninth Circuit’s “provocation rule.”
Statutory Interpretation
In the context of statutory rape offenses that criminalize sexual intercourse based solely on the ages of the participants, the generic federal definition of “sexual abuse of a minor” requires the age of the victim to be less than 16.
Unemployment Benefits
We conclude that LIRC incorrectly denied Operton unemployment benefits.
Fee Exemption – HIPAA Release Form
Today, we are asked to interpret the meaning of the phrase "person authorized by the patient" in Wis. Stat. § 146.83(3f)(b)4.-5. (2013-14), which exempts a "patient or a person authorized by the patient" from paying certification charges and retrieval fees for obtaining copies of the patient's health care records.
Third Party Plaintiff – Duty to Defend
The petition for review asked the court to decide: (1) whether a third-party complaint may state a claim for which an insurance company has a duty to defend when the third-party plaintiff was sued for misrepresentation by the first-party plaintiff; (2) whether a third-party defendant may supplement the third-party complaint with additional facts when the third party defendant seeks a defense from [...]
Amicus Brief Filed
An amicus curiae brief was filed by Kelli S. Thompson, state public defender and Joseph N. Ehmann, regional attorney manager, Wisconsin State Public Defender.
Sentencing
On April 20, 2014, Pal was involved in a traffic accident when his sport utility vehicle ("SUV") collided with a group of motorcyclists on a highway; two motorcyclists died from the injuries they sustained in the crash.
Ineffective Assistance of Counsel
In 2014 Lemberger was convicted of the crime of operating a motor vehicle while intoxicated——4th offense following a jury trial during which the prosecutor repeatedly referenced the fact that Lemberger had refused to submit to a breathalyzer test following his arrest for drunk driving.
Negligence
Mr. Brenner and his wife sued MWF, Garland Brothers, and Charter (as well as their insurers) alleging negligence and violation of Wisconsin's safe-place statutes.
Jury Demand
“There are two basic issues on this appeal. First, we must examine whether the pre-litigation jury waiver provision in the contract between the Parsons and Associated is enforceable, either with or without proof extrinsic to the terms of the contract that the Parsons knowingly and voluntarily agreed to this waiver.
Easement
Under deed of easement, respondent has right to enter appellant property to trim and remove trees.
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
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