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WI Supreme Court Digest

Jun 1, 2017

Provocation Rule – Search and Seizure

The Fourth Amendment provides no basis for the Ninth Circuit’s “provocation rule.”

Jun 1, 2017

Personal Jurisdiction

Section 56 does not address personal jurisdiction over railroads.

Jun 1, 2017

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.

May 9, 2017

Unemployment Benefits

We conclude that LIRC incorrectly denied Operton unemployment benefits.

May 9, 2017

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.

May 3, 2017

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 [...]

May 3, 2017

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.

May 3, 2017

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.

Apr 26, 2017

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.

Apr 26, 2017

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.

Apr 19, 2017

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.

Apr 19, 2017

Easement

Under deed of easement, respondent has right to enter appellant property to trim and remove trees.

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