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Wisconsin Court of Appeals

Apr 6, 2011

‘Pay and Walk’ clause upheld

An insurer’s right to “pay and walk” – pay the limits of its liability and leave the insured to defend himself against any excess judgment – does not depend on whether the insurer might be able to able to obtain a better result, or on the insurer’s motives. The Wisconsin Court of Appeals held on […]

Mar 21, 2011

THE DARK SIDE: The hazards of playing basketball at the firehouse

A little while back, I was informed that somebody who plays for the Milwaukee Brewers had injured himself playing basketball and would be out for the beginning of the baseball season, if not longer.

Mar 3, 2011

Deficiencies were harmless error

A March 1 opinion from the Wisconsin Court of Appeals provides guidance on objecting to testimony pursuant to the marital privilege, sec. 905.05.

Mar 2, 2011

THE DARK SIDE: Faulkner knows how to write a good bailment story

It’s a pity I’m not as great a writer as William Faulkner.

Feb 25, 2011

State seat belt suits not preempted

Federal law doesn’t preempt state tort suits alleging seatbelts were negligently designed.

Feb 16, 2011

Love of law keeps Dykman involved

Some lawyers read Palsgraf v. Long Island Railroad Co. (N.Y.1928) in Torts on the first day of law school, but don’t give it much thought for the rest of their careers. Then, there’s Judge Charles P. Dykman.

Feb 16, 2011

Leaders in the Law 2011: Celebrating our legal professionals

More than 350 judges, lawyers, family and friends attended the Wisconsin Law Journal’s ninth annual Leaders in the Law Event in Milwaukee Wednesday. The evening event, held at the Hilton Milwaukee City Center, recognized 27 attorneys and judges for their contributions to the legal profession. Four leaders – Bruce C. Davidson, Hon. Charles P. Dykman, […]

Feb 16, 2011

Asset purchase didn’t include liability

An asset purchase limited to one division of the seller doesn't include liabilities stemming from products made before the division became an entity separate from the rests of the seller's business.

Feb 11, 2011

Attorneys question sanctions

The Wisconsin Court of Appeals is cracking down on attorneys who improperly certify the completeness of their brief appendices, and legal professionals want to know why.

Jan 13, 2011

Lack of personal service dooms suit

No "special circumstances" justify excusing a plaintiff suing a county from personally serving the board chairperson or county clerk.

Jan 5, 2011

Admission of letter was harmless error

The Wisconsin Court of Appeals on Dec. 29 affirmed the conviction of Mark D. Jensen for murdering his wife Julie in 1998, even though it assumed that admission of a letter written by Julie before her death violated the Confrontation Clause.

Dec 30, 2010

Zoning appeal must name board

An appeal of a zoning decision must name the zoning board as the defendant, not the municipality.

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