A circuit court declined to offset priority interests, known as the “doctrine of marshaling assets,” to help a subordinate creditor who did not obtain personal guarantees for commercial real estate loans. Recently, a state appeals court affirmed.
Sept. 6, 2013 – This month’s Wisconsin Lawyer is now available online. Here’s a sneak peek.
A state appeals court has reversed defendant Raphfeal Myrick’s murder conviction because the state used Myrick’s preliminary examination testimony against a co-defendant in its case-in-chief against Myrick, a violation of evidence rules.
A Sheboygan doctor who says a child psychiatrist caused unlawful Medicaid reimbursements through off-label prescriptions can press on with his whistleblower suit under the federal False Claims Act, a federal appeals court has ruled.
A person can still “harbor” dogs, and be strictly liable for dog attacks, even if that person does not reside where the dogs are kept, an appeals court has ruled in a case that chills a parent’s decision to purchase a home for dog-owning children.
An Illinois attorney hired a marketing firm to develop and send “newsletters” via fax to hundreds of certified public accountants. However, those faxes did not include opt-out provisions, a violation of federal law.
Aug. 23, 2013 – Where else do banjos and college sports converge with labor, employment, and health lawyers? Nowhere, that’s where – unless you attended State Bar of Wisconsin’s Health, Labor, and Employment Institute in Wisconsin Dells.
A Wisconsin prison inmate who adopted a “spiritual name” challenged a prison policy on name changes by inmates. Recently, a federal appeals court upheld the policy and rejected the inmate’s constitutional and statutory claims.
State and federal laws require employers to maintain a safe workplace. Recently, a state appeals court clarified that federal law does not preempt an injured party’s ability to get additional compensation under state worker’s compensation law.
A state appeals court recently affirmed that drunk driving is ill-advised, especially after an officer specifically says it’s not advisable, and offers a ride home.
Police stopped a man for expired plates and issued a warning. But then the officer conducted a dog sniff, uncovering marijuana. Recently, a state appeals court overturned the man’s conviction for possession of marijuana with intent to deliver.
A consumer who borrowed short-term loans at annualized interest rates of 246 and 385 percent says the loans are unconscionable. Recently, a state appeals court asked the Wisconsin Supreme Court to “draw the line.”
Madison-based artist Quincy Neri designed a glass-blown sculpture installation called the “Mendota Reflection,” photos of which were featured by various project participants. Recently, a federal appeals court ruled in favor of Neri.
The Wisconsin Supreme Court largely wrapped up its 2012-13 term, issuing 31 opinions in July. In total, the court issued 98 opinions this term. This article highlights some of the major decisions of the term, both criminal and civil.
The Deep Tunnel that prevents wastewater from polluting Lake Michigan is damaging Milwaukee buildings, and now the Milwaukee Metropolitan Sewerage District (MMSD) must pay to fix it, the Wisconsin Supreme Court has ruled.
A public utility that took easements on private land to build electrical transmission lines must acquire the entire property, because the easements left private landowners with an “uneconomic remnant,” the Wisconsin Supreme Court has ruled.
Andrew Edler, a suspected arsonist, twice invoked his right to counsel during separate police interrogations before incriminating himself. Recently, the state supreme court ruled that Edler’s incriminating statements were rightfully suppressed.
Whether the decisions of corporate directors are protected by the “business judgment rule” is a fact-intensive inquiry that cannot generally be resolved at the motion to dismiss stage, a state appeals court recently clarified.
A concrete salesperson told a customer, a corporation, that previous problems with the product had been cured. That wasn’t true. Recently, the Wisconsin Supreme Court ruled that the customer has a viable fraudulent misrepresentation claim.