In Waukesha County, all drivers charged with two or more drunk-driving offenses must attend alcohol treatment as a condition of bail. One defendant argued that imposing this program as a condition violates constitutional rights.
A motorist who was injured by an uninsured drunk driver in 2010 will get the benefit of an anti-stacking prohibition that was repealed in 2011, a state appeals court has ruled, meaning the injured motorist can use more than one policy to cover damages.
Jan. 15, 2013 – A state appeals court recently ruled that Antonio Brown's conviction for possessing a firearm as a felon must be reversed because police made an unconstitutional traffic stop before uncovering the gun in Brown's possession.
Jan. 14, 2013 – Federal law authorizes $500 in damages each time an unsolicited advertisement is sent by fax. Thus, a practice known as "fax blasting" can give rise to large-scale damages, and large-scale legal fees for the attorneys who can help class plaintiffs prove the claims.
Jan. 11, 2013 – A mother waived a right to a jury trial in a case against her for termination of parental rights. Recently, a state appeals court ruled that due process does not require the court to engage in a "personal colloquy" to confirm the waiver.
Jan. 10, 2013 – The state Department of Children and Families revoked a Milwaukee woman’s child care license in 2010 for crimes committed 22 years ago, under the state's new caregiver law. But the Wisconsin Supreme Court recently ruled that she’s entitled to a hearing first.
Dennis Lemoine fessed up to sexually assaulting a five-year-old girl after police leaned on him with tactics Lemoine says were deceptive and coercive. But the Wisconsin Supreme Court recently affirmed Lemoine's conviction, ruling that police did not cross the line.
Jan. 8, 2013 – A Wisconsin Supreme Court majority has ruled that a county must hand over unredacted copies of legal bills to a newspaper under the state's public records law.
Jan. 7, 2013 – An employee of Menard Inc. was considered a "permissive user" of a customer's truck while loading lumber onto it with a fork lift, meaning the customer's auto insurer must now defend and possibly indemnify Menard, a state appeals court has ruled.
A sales tax statute that has no limitations period is constitutional, a state appeals court has ruled, meaning business owner Elijah Rashaed will have to pay nearly $200,000 in back sales taxes relating to his clothing business operations.
Jan. 4, 2013 – One company sued another company, alleging two former employees took Internet marketing systems and strategies to start a competing business. Recently, a state appeals court ruled the defendant’s insurance company has a duty to defend.
In its first decision of 2013, the Wisconsin Supreme Court clarified the process for filing claims against state employees and made recommendations to avoid unnecessary litigation in the future while reversing two lower courts decisions in the case.
You’ve resolved to upgrade your personal and professional technology this year, starting with a new smartphone. So what do you choose? The January Wisconsin Lawyer, available online and in mailboxes soon, can help you decide.
Dec. 28, 2012 – An alternative dispute resolution (ADR) agreement designating the National Arbitration Forum (NAF) as arbitrator using NAF rules and procedures is unenforceable, a state appeals court has ruled, because NAF is no longer available.
Dec. 27, 2012 – The parents of a Milwaukee student who drowned on a school field trip recently lost in the U.S. Court of Appeals for the Seventh Circuit, which ruled that school administrators did not deprive the student of his life in violation of due process.
Dec. 18, 2012 – Convicted on four counts of producing child pornography, David Craig was sentenced to 50 years in prison. Since Craig was 46 when sentenced, he will likely die in prison, a de facto life sentence.
Dec. 17, 2012 – The class of Wisconsin plaintiffs fighting to keep its case against Northwestern Mutual out of federal court recently lost, as the U.S. Court of Appeals for the Seventh Circuit concluded that annuity contract issues must remain in federal court for resolution.
Dec. 14, 2012 – Larry Krueger's water softener failed after two years, causing nearly $45,000 in damages. Recently, a state appeals court ruled the economic loss doctrine does not bar a lawsuit by Krueger's home insurer against the company that manufactured the water softener.
Judgment creditors can request “supplemental proceedings” to make debtors answer for unsatisfied debts and identify property. Recently, an appeals court clarified that creditor liens still attach to property acquired subsequent to supplemental proceedings.
Dec. 12, 2012 – A business sued the state, alleging one of its agencies negligently approved a construction project that caused the business property to flood. But an appeals court recently dismissed the case on sovereign immunity grounds, because the state "is a separate legal entity from its agencies."