May

27

Judge Sumi Does Her Job

Posted by: | May 27, 2011 | 4 Comments

Judge Maryann Sumi issued the long anticipated opinion in Ozanne v. Fitzgerald yesterday, holding: 1) that the circuit courts have jurisdiction to hear cases alleging that a particular piece of legislation was not constitutionally enacted; 2) that the court’s jurisdiction includes challenges alleging noncompliance with Wisconsin’s Open Meetings Law; and that 3) the failure of the March 9, [...]

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Apr

20

Springtime for Daubert: Insights From the EDWBA Panel

Posted by: | April 20, 2011 | Leave a Comment

In late January the “tort reform” package imposed the staid Daubert rules on the Wisconsin Rules of Evidence. Now it’s spring, although the weather feels a lot like January, and we must get serious about what to do with this gift that the judiciary did not want. The new rules require that expert testimony be [...]

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Jul

19

“Past Formalities” and “Present Realities”: Why Wendy Isn’t a Parent at All

Posted by: | July 19, 2010 | Leave a Comment

On June 24th, the Wisconsin Court of Appeals ruled against a woman seeking legal recognition of her parental rights for the two children she adopted with her ex-partner. The two women adopted their children in 2002 and 2004 from Guatemala. The woman appealing, known in the record as Wendy, stayed at home with the children, [...]

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Jul

15

How Toxic is Thomas?

Posted by: | July 15, 2010 | Leave a Comment

Pat McIlheran has an interesting find in today’s Journal Sentinel, commenting on Judge Randa’s underreported decision in Gibson v. American Cyanamid. Judge Randa held that application of the Wisconsin Supreme Court’s Thomas decision (which applied something called risk contribution theory to hold lead paint pigment manufacturers collectively responsible for all harm from that product) would [...]

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Feb

3

GFFD in Employment Contracts Comes to Wisconsin?

Posted by: | February 3, 2010 | Leave a Comment

For those unfamiliar with employment law, it might surprise you to learn that in the United States most states do not recognize an implied covenant of good faith and fair dealing (GFFD) in employment contracts, even though such covenants are deemed to exist in commercial contracts under the UCC. By my last count, only nine [...]

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Nov

9

Representation, Outcomes, and Fairness in Legal Proceedings

Posted by: | November 9, 2009 | 5 Comments

As my colleague Rebecca Blemberg recently blogged about, California has moved in the direction of recognizing a right to counsel for civil litigants with critical legal needs. The concept of a constitutional right to counsel in certain civil cases is often referred to as “Civil Gideon,” after the Supreme Court decision that established the right [...]

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Nov

9

The Verdict? A Very Successful Civil Trial Conference

Posted by: | November 9, 2009 | Leave a Comment

One of this Law School’s most noteworthy legacies is its production of many of the region’s most outstanding trial lawyers.  The legacy was fully evident on Friday, November 6, 2009 at the Civil Trial Evidence and Litigation Conference.  The sold-out event served as a “last call for Sensenbrenner Hall” of sorts while featuring a panel [...]

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Jul

23

More on Coulee Catholic Schools v. LIRC

Posted by: | July 23, 2009 | 3 Comments

As Professor Esenberg has just posted about, earlier this week, the Wisconsin Supreme Court handed down a very important decision, Coulee Catholic Schools v. LIRC (2009 WI 88). Although some describe the holding as “a dramatic change” in Wisconsin employment law, I think the case is more important for its constitutional discussion. On the actual question [...]

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May

6

Wisconsin Set to Pass Enhanced Employment Discrimination Law

Posted by: | May 6, 2009 | Leave a Comment

WISCTV.com is reporting that the State of Wisconsin is close to passing a bill that would permit compensatory and punitive damages for violations of the Wisconsin’s state employment discrimination law: A bill designed to stiffen penalties for employer discrimination passed the state Assembly on Wednesday, [April 29th]. The bill requires companies that discriminate against their [...]

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Mar

25

Wisconsin Supreme Court Accepts Three New Cases, Including a Case That Will Determine Whether a Crime with No Sexual Component May Trigger Sex Offender Registration Requirements

Posted by: | March 25, 2009 | Leave a Comment

  Today the Wisconsin Supreme Court accepted three new cases for review, two criminal cases and one civil case. One of the criminal cases, State v. Smith, 2008AP1011, asks the court to determine whether the sex offender registration statute, Wisconsin Statute section 301.45, is unconstitutional in its application to a defendant whose crime, false imprisonment [...]

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Mar

13

Wisconsin Supreme Court Accepts Six New Cases, Including Issue of Inherent Authority of Wisconsin Appellate Courts to Grant a New Trial in the Interests of Justice

Posted by: | March 13, 2009 | Leave a Comment

On March 2, the Wisconsin Supreme Court accepted six new cases for review, five criminal cases and one civil case. The first case, State v. Henley, 2008AP697, presents an interesting issue regarding the authority of the courts of appeal, or the supreme court, to grant a new trial to a criminal defendant in the interests [...]

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Feb

8

My Favorite Wisconsin Cases

Posted by: | February 8, 2009 | 1 Comment

Where does one start?!  I attempt to bring Wisconsin law into my classes for several reasons.  The “Diploma Privilege” permits our students to practice in this state without taking the Bar Exam.  Wisconsin courts have been pacesetters as to matters considered in the subject areas in which I teach.  I believe students should learn, as [...]

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