Wisconsin Case Commentaries

Supreme Court of Wisconsin Clarifies Standards for Relief from Judgment Under Wis. Stat §806.07(1)(h) Concerning UIM Reducing Clauses

Date: Jun 23, 2005

Supreme Court of Wisconsin Clarifies Standards for Relief from Judgment Under Wis. Stat §806.07(1)(h) Concerning UIM Reducing Clauses Introduction In the landmark case Dawn Sukala and John Sukala v....

Discretionary Remand in Postconviction Relief: STATE v. MALONEY Sets New Standards

Date: Jun 11, 2005

Discretionary Remand in Postconviction Relief: STATE v. MALONEY Sets New Standards Introduction State v. John R. Maloney is a pivotal decision by the Supreme Court of Wisconsin that addresses the...

Refining Issue and Claim Preclusion in Malpractice Litigation: Insights from Patricia Mrozek and Plover Motel, Inc. v. Mallery Zimmerman S.C.

Date: Jun 10, 2005

Refining Issue and Claim Preclusion in Malpractice Litigation: Insights from Patricia Mrozek and Plover Motel, Inc. v. Mallery Zimmerman S.C. Introduction In the landmark case Patricia Mrozek and...

Independent Probable Cause Validates Searches Incident to Arrest for Different Offenses: STATE v. SYKES

Date: Apr 23, 2005

Independent Probable Cause Validates Searches Incident to Arrest for Different Offenses: STATE v. SYKES Introduction In the landmark case of STATE of Wisconsin v. Michael D. Sykes, the Supreme Court...

Wisconsin Supreme Court Establishes Narrow Exception to Claim Preclusion in Boundary Line Declaratory Judgments

Date: Apr 15, 2005

Wisconsin Supreme Court Establishes Narrow Exception to Claim Preclusion in Boundary Line Declaratory Judgments Introduction In KRUCKENBERG v. HARVEY, 279 Wis. 2d 520 (2005), the Supreme Court of...

Recognition of Direct and Derivative Emotional Distress Claims in Medical Malpractice: Pierce v. Physicians Insurance Company of Wisconsin

Date: Feb 18, 2005

Recognition of Direct and Derivative Emotional Distress Claims in Medical Malpractice: Pierce v. Physicians Insurance Company of Wisconsin Introduction The case of Bonnie Pierce v. Physicians...

Economic Loss Doctrine Not Applicable to Service Contracts: INSURANCE COMPANY OF NORTH AMERICA v. Cease Electric Inc.

Date: Nov 10, 2004

Economic Loss Doctrine Not Applicable to Service Contracts: INSURANCE COMPANY OF NORTH AMERICA v. Cease Electric Inc. Introduction The case of INSURANCE COMPANY OF NORTH AMERICA, Plaintiff...

Adoption of Lodestar Method for Determining Reasonable Attorney Fees in Wisconsin Consumer Protection Litigation – KOLUPAR v. WILDE PONTIAC CADILLAC

Date: Jul 14, 2004

Adoption of Lodestar Method for Determining Reasonable Attorney Fees in Wisconsin Consumer Protection Litigation – KOLUPAR v. WILDE PONTIAC CADILLAC Introduction In the landmark case Tammy KOLUPAR v....

STATE v. CARPRUE: Upholding Judicial Authority and Waiver Doctrine in Criminal Trials

Date: Jul 10, 2004

STATE v. CARPRUE: Upholding Judicial Authority and Waiver Doctrine in Criminal Trials Introduction State of Wisconsin v. Johnnie Carprue, 274 Wis. 2d 656 (2004), is a pivotal case adjudicated by the...

Personal Advisory Requirement in Plea Agreements: A Landmark Decision in STATE v. HAMPTON

Date: Jul 9, 2004

Personal Advisory Requirement in Plea Agreements: A Landmark Decision in STATE v. HAMPTON Introduction The Supreme Court of Wisconsin's decision in State of Wisconsin v. Corey J. Hampton, 274 Wis. 2d...

Clarifying Standards for Postconviction Motions: State v. Allen

Date: Jul 9, 2004

Clarifying Standards for Postconviction Motions: State v. Allen Introduction State v. John Allen (274 Wis. 2d 568, 2004) is a landmark decision by the Supreme Court of Wisconsin that elucidates the...

Wisconsin Supreme Court Expands Borrowing Statute to Include Statutes of Repose: WENKE v. GEHL CO.

Date: Jul 8, 2004

Wisconsin Supreme Court Expands Borrowing Statute to Include Statutes of Repose: WENKE v. GEHL CO. Introduction The case of Martin G. Wenke and Dakota M. WENKE v. GEHL COmpany was adjudicated by the...

Waiver of Circuit Court Competency Challenges in Wisconsin: Analysis of Village of Trempealeau v. Mikrut

Date: Jun 17, 2004

Waiver of Circuit Court Competency Challenges in Wisconsin: Analysis of Village of Trempealeau v. Mikrut Introduction The case of Village of Trempealeau v. Mike R. Mikrut addresses the critical issue...

Extending Public Policy Limitations: Police Officers and the Firefighters Rule in Wisconsin

Date: Jun 12, 2004

Extending Public Policy Limitations: Police Officers and the Firefighters Rule in Wisconsin Introduction Julia Cole v. City of Milwaukee, Involuntary-Plaintiff, et al. is a pivotal case decided by...

State of Wisconsin v. Harris: Upholding Wisconsin's Reciprocal Discovery Statute in Guilty Plea Withdrawals

Date: Jun 9, 2004

State of Wisconsin v. Harris: Upholding Wisconsin's Reciprocal Discovery Statute in Guilty Plea Withdrawals Introduction In State of Wisconsin v. Harris, 2004 WI 64, the Supreme Court of Wisconsin...

Affirmation of Public Policy Factors to Limit Strict Liability under Wisconsin's Dog Bite Statute §174.02

Date: Jun 4, 2004

Affirmation of Public Policy Factors to Limit Strict Liability under Wisconsin's Dog Bite Statute §174.02 Introduction The case of Mackenzie Fandrey v. American Family Mutual Insurance Company...

Clarifying 'Refusal' in Privately Filed Criminal Complaints under Wis. Stat. § 968.02(3)

Date: May 26, 2004

Clarifying 'Refusal' in Privately Filed Criminal Complaints under Wis. Stat. § 968.02(3) Introduction The case of State of Wisconsin Ex Rel. Ralph A. Kalal and Jackie Kalal v. Circuit Court for Dane...

Wisconsin Supreme Court Permits Partial Summary Judgment in Termination of Parental Rights Cases

Date: Apr 29, 2004

Wisconsin Supreme Court Permits Partial Summary Judgment in Termination of Parental Rights Cases Introduction The case of In Re the Termination of Parental Rights to Alexander V. v. Kelley H. was...

State of Wisconsin v. Curtis E. Gallion: Reaffirming the McCleary Standard for Sentencing Reasonableness under Truth-in-Sentencing

Date: Apr 16, 2004

State of Wisconsin v. Curtis E. Gallion: Reaffirming the McCleary Standard for Sentencing Reasonableness under Truth-in-Sentencing Introduction State of Wisconsin, Plaintiff-Respondent v. Curtis E....

Supreme Court of Wisconsin Reaffirms Economic Loss Doctrine: Dismissal of Fraud and DTPA Claims in Tietsworth v. Harley-Davidson

Date: Mar 27, 2004

Supreme Court of Wisconsin Reaffirms Economic Loss Doctrine: Dismissal of Fraud and DTPA Claims in Tietsworth v. Harley-Davidson Introduction In the landmark case of Tietsworth v. Harley-Davidson,...