Administrative Register effective June 1, 2007

The Revisor of Statutes Bureau has issued the second half of No. 617 [36 pp. pdf].

Supreme Court accepts five new cases

Wis. Dept. of Revenue v. Menasha Corp.. 2007 WI App 20

whether mass-marketed software customized for use by the Menasha Corp. qualifies for a sales tax exemption under Department of Revenue rules that apply to custom computer program purchases

WIREdata Inc. v. Village of Sussex 2007 WI APP 22

scope of the state’s open records law and its application to requests for access to large data bases created by private contractors on behalf of municipalities

State v. Douglas J. Plude

1. whether the state’s expert witness’s false statements concerning his credentials were material to a jury finding Plude guilty;
2. if the state’s expert witness’s testimony is credible as a matter of law;
3. if the state can withhold access to exculpatory evidence contained on a computer hard drive and instead provide access to portions of the information on compact discs, and if a defendant should be compelled to stipulate to information before having a chance to explore the computer records and;
4. if the failure by either the coroner or the register of deeds in turning over the official death certificate is harmless error.

State v. Leonard J. Quintana 2007 WI App 29

constitutionality of Wis. Stat. § 939.632, the “violent crimes in a school zone” penalty enhancer, and whether the forehead falls within the definition of “other bodily member” under Wis. Stat. § 940.21, the mayhem statute.

State v. Arias

if a dog sniff of a stopped vehicle constitutes a “search” under the Wisconsin Constitution, and if the dog sniff impermissibly extended the amount of time required for a traffic stop

Appellate Opinions Released May 31, 2007

The Wisconsin Supreme Court did not release any opinions today.

The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:

Pierce v. American Fam. Mut. Ins. Co. (adult children may recover for loss of society and companionship for the death of a parent).

The Wisconsin Court of Appeals certified these questions to the Wisconsin Supreme Court:

County of Dane v. LIRC (Should a court apply the great-weight deference or the de novo standard of review to an agency's decision when the agency has changed how it interprets a statute?)

H&R Block Eastern Enterprises, Inc. v. Swenson (Is a covenant not to compete unenforceable if it provides that the period of the covenant gets extended one day for each day in which the former employee is in breach of the covenant?)

State v. Marten-Hoye (For the purpose of assessing the constitutionality of a search, was the search incident to an arrest or, instead, incident to the issuance of a citation when the officer handcuffs the subject, tells her she is under arrest for a disorderly conduct (municipal ordinance) violation, and informs her she will be released after issuance of the citation?)

Appellate Opinions Released May 30, 2007

The Wisconsin Supreme Court did not release any opinions unrelated to attorney discipline today.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Estate of Sustache v. American Family Mut. Ins. Co. (Recent Wisconsin Supreme Court cases have tacitly overruled exceptions to the "four corners" rule used to determine an insurance company's duty to defend).

Proposed oil company tax called "unconstitutional"

David Callender reports in The Capital Times today.

Gov. Jim Doyle's proposal to tax oil company profits would likely be challenged in court as unconstitutional -- and such a case "would be strong," according to a legal opinion from former state Attorney General Peg Lautenschlager.

(via Christian Schneider at Wisconsin Policy Research Institute)

'Duwe v. Alexander' on SCR 60.04(3(b) and (4)(f)

U.S. District Judge John C. Shabaz's Memorandum and Order entered yesterday holding

SCR 60.04(4)(f) is facially unconstitutional, and enjoining enforcement of SCR 60.06(3)(b) against judicial candidates based on their having responded to the questions of plaintiff Wisconsin Right to Life, Inc.’s survey.

(via The Wheeler Report)

Oral Argument May 31, 2007

The Wisconsin Court of Appeals [2 pp. pdf] has scheduled oral argument in the following.

05/31/07 at Dist. II, 2727 North Grandview Blvd., Waukesha

9:30 a.m. International Flavors v. Valley Forge Ins., 2006AP1028

Board supports access to justice report, changes to elections rules and bylaws, and more

Our State Bar reports on the recent meeting of its Board of Governors. In addition to approving the Access the Justice Report,

On State Bar elections,

The board approved the Election Bylaws Committee’s recommendations to change the State Bar rules and bylaws to limit members to one term as president and to designate a rotation for the nomination to the office of president-elect among four geographic areas. ...

The committee was appointed in 2005 by then President Michael Guerin, following the election of Madison attorney Steve Levine who ran by self nomination against two out-state attorneys.

On Judicial sick leave,

The board unanimously adopted a public policy position, opposing Assembly Bill 31, as requested by the Bench Bar Committee. AB 31 proposes ending the option for state judges to accumulate and convert unused sick leave to post-retirement health insurance premiums.

There were also appointments to the Nomination Committee, Executive Committee, and Wisconsin Trust Account Foundation (WisTAF) board, and election of our State Bar's delegates to the ABA House of Delegates.

Determinate, indeterminate sentences

Consecutive determinate and indeterminate sentences are to be treated as continuous.

Third party does not benefit from insurer's failure to notify

An insurer's failure to notify the insured's lender of imminent cancellation for nonpayment does not inure to the benefit of a party injured by the insured.

SCOTUScast featuring Richard A. Nagareda on 'Bell Atlantic Corp. v. Twombley'

May 25, 2007 audio commentary by Richard A. Nagareda

In Bell Atlantic Corp v. Twombley, the U.S. Supreme Court limited antitrust lawsuits, making it easier for defendants to win dismissal prior to extensive discovery. ...

Board approves Access to Justice Report

Our State Bar reports

At its May meeting, the Board of Governors voted to accept the Access to Justice Report and to adopt the report’s recommendations. The board also directed the State Bar president to refer the report’s recommendations to the appropriate State Bar committees and sections for further work on implementation. ...

This Week in Liberal Judicial Activism: Week of May 28, 2007

Ed Whelan at Bench Memos.

Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

Thomas remains a puzzle

Gregory Stanford reviews Supreme Discomfort: The Divided Soul of Clarence Thomas by Kevin Merida and Michael Fletcher, in today's Milwaukee Journal Sentinel.

What if Clarence Thomas had gotten some serious psychotherapy? Would he be less inclined than he is now to vent his pent-up rage on his own race? ...

I did get to know Thomas much better; I even found myself empathizing with him at points. But by the time I put the book down, he remained a villain. ...

The authors write: "One bitter lesson Thomas has taken from his experience is that racism is a sad, immutable fact. The sooner black people realize that and gird themselves for that reality, he says, the better off they will be."

In other words, don't count on government to right racial wrongs.

I respectfully disagree. Before reading the book, I would have done so scornfully.

Should "respectfully" have an asterisk?

State Attorneys General: Protecting Public Interest or Undermining Democratic Principles?

Audio of this May 17, 2007 event presented by the Mississippi Lawyers Chapter at the University Club Jackson, Mississippi

Carter Blasts Bush's Foreign Policy

Reaction at The Onion

(via Bible Belt Blogger)

Appellate Opinions Released May 24, 2007

The Wisconsin Supreme Court did not release any opinions today, other than a denial of a motion for reconsideration.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Williams v. Integrated Community Services, Inc. (a guest's drug use in homeowner's residence does not preclude homeowner's admission to federal Section 8 Housing Voucher Program).

Silent Children

On Sunday, envirofascists will celebrate the 100th birthday of Rachel Carson, author of "Silent Spring." Millions of children who have died of preventable malaria since the ban of DDT will not be part of the celebration.

Appellate Opinions Released May 23, 2007

The Wisconsin Supreme Court released its opinion in State v. Post today, in which the Court proclaimed that a driver who repeatedly weaves within a single lane does not provide sufficient reasonable suspicion to justify a traffic stop.

The Wisconsin Court of Appeals released these opinions today, but did not recommend any for publication.

Update: More on State v. Post at Milwaukee Journal Sentinel and Shark and Shepherd [TRB]

The Image of America and the Youth of the World

Town Meeting of the World
With Sen. Robert F. Kennedy and Gov. Ronald Reagan
As Broadcast over the CBS Television Network and the CBS Radio Network
Monday, May 15, 1967, 10:00 - 11:00 pm. EDT

(via Paul Kengor at National Review Online)

7th Circuit First to Implement a Wiki

where lawyers and judges can post notes on practice and procedure.

(via WisBlawg)

Real Property, Probate & Trust Section opposes AB285 - Adverse Possessor of Property

Our State Bar's Real Property, Probate & Trust Section has announced it supports/opposes AB 285, a bill

requiring an adverse possessor of property to pay fair market value and property taxes.

Appellate Opinions Released May 22, 2007

The Wisconsin Supreme Court released these opinions today:

State v. Nelis (admission of prior inconsistent statements).

Thomas v. Schwarz (simultaneous revocation of parole and extended supervision).

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Three T's Trucking v. Kost (addressing the following issues in the context of a claim against an insurance company: tender of defense, standing to sue, scope of indemnification, accord and satisfaction).

Bruchert v. Tokio Marine & Nichido Fire Ins. (cancellation of automobile insurance policy for nonpayment of premiums ends personal liability coverage for a leased automobile when insurance company provides proper notice of cancellation to designated insured but not the leasing company).

Rechsteiner v. Hazelden (good faith participants in review of services of health care providers enjoy statutory immunity from civil damages).

Librarian and Practitioner Legal Research Survey Results

WisBlawg reports from the Back to the Future of Legal Research Symposium.

The majority of librarians surveyed felt that cases and digests were better used online while legislative and administrative codes were better used in print. And it's no surprise that the vast majority felt that Shepards/KeyCite was better online. Over three quarters of survey respondents felt that secondary sources were better used in print.

Leon good faith exception

If this decision by the Wisconsin Court of Appeals is not reversed, the good faith exception to the exclusionary rule is effectively nullified.

This Week in Liberal Judicial Activism: Week of May 21, 2007

Ed Whelan at Bench Memos.

Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

Matthew J. Franck dissents, mildly.

Appellate Opinions Released May 18, 2007

The Wisconsin Supreme Court released its opinion in McNeil v. Hansen today, in which the Court found that reaching through a vehicle window to turn the ignition key in an attempt to start the engine does not constitute the "operation of a motor vehicle" for purposes of the Worker's Compensation exclusive remedy provision if (a) the person is servicing or repairing the vehicle, and (b) the vehicle is in a condition in which it could not be driven on a public roadway.

The Wisconsin Court of Appeals did not release any opinions today.

Appellate Opinions Released May 17, 2007

The Wisconsin Supreme Court did not release any opinions unrelated to attorney discipline on this day.

The Wisconsin Court of Appeals released these opinions on this day, recommending publication of the following:

State v. Wuteska (hit and run statute requires driver to identify himself as operator of vehicle to victim).

Walgreen Co. v. City of Madison (property value assessment).

Jakubow v. Lichosyt (intersection of strict foreclosure proceedings and judgment lien foreclosure proceeding against land contract vendee).

Republic Bank of Chicago v. Lichosyt (same as Jakubow v. Lichosyt).

Board of Governors: Draft Minutes: March 9, 2007

Our State Bar has posted these, from the BOG's previous meeting [18 pp. doc].

Petition for Revision of Supreme Court Rules 13.015 and 13.045

In the matter of The Petition of the State Bar of Wisconsin proposing revisions to SCR 13.015 and SCR 13.045 concerning the assessment on attorneys for WisTAF filed 05/08/07 by Thomas J. Basting, Sr., President-elect, State Bar of Wisconsin, 07-06 [3 pp. pdf]

Oral Argument May 21, 2007

The Wisconsin Court of Appeals [2 pp. pdf] has scheduled oral argument in the following.

05/21/07 at Dist. II, 2727 North Grandview Blvd., Waukesha

9:30 a.m. Town of Rhine v. Brock O. Bizzell, 2006AP450

Is It OK for Lawyers to Copy Complaints?

Peter Lattman at the Wall Street Journal's Law Blog

How about copying a (presumably successful) legal strategy?

Appellate Opinions Released May 16, 2007

The Wisconsin Supreme Court did not release any opinions today.

The Wisconsin Court of Appeals released these opinions today, but did not recommend any for publication.

Bench battle resumes over new nominee

Alexander Bolton reported in The Hill

President Bush nominated Peter Keisler to the U.S. Court of Appeals for the District of Columbia in June, making him one of the longest pending circuit court nominees. Bush resubmitted Keisler’s name to the Senate this year.

The judge’s liberal critics acknowledge that he has excellent legal credentials, but charge that he has shown no commitment to advancing civil rights or environmental and worker protections. They are also suspicious of his role as co-founder of the Federalist Society, a bastion of conservative jurisprudence.

(via Jonathan Adler at The Volokh Conspiracy)

Garvey on Falwell

The death of the Rev. Jerry Falwell, as marked at GarveyBlog.

I don't like to write about someone I dislike when he passes. So, I'll quote Saul Alinsky. "One must tip one's hat to Lucifer. He has his own kingdom." So, I tip my hat to Falwell.

Whoa Nelly! Here's the actual quote.

Lest we forget at least an over-the-shoulder acknowledgment to the very first radical: from all our legends, mythology, and history (and who is to know where mythology leaves off and history begins--or which is which), the first radical known to man who rebelled against the establishment and did it so effectively that he at least won his own kingdom--Lucifer.
--Saul Alinsky, Rules for Radicals (1971) p. ix

Appellate Opinions Released May 15, 2007

The Wisconsin Supreme Court released its opinion in Zellner v. Cedarburg School District today. A CD was made of copyrighted "adult images" a high school teacher was caught viewing on school computers. The Court held that the teacher had standing to invoke the copyright exception to the Open Records Law, which excludes that material from the definition of "records" that must be released. Unfortunately for Mr. Zellner, the Court also held that the "fair use" exception to copyright infringement brings the images back within the ambit of "records" subject to release. Additionally, the Court held that the images (and a memorandum related to them) did not need to be kept secret because of a statutory exception for information related to a pending disciplinary proceeding.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Estate of Newgard v. Bank of America (Wisconsin Consumer Act precludes banks from recovering amounts due and owing unless they can produce credit card statements from when the charges were incurred).

State v. Sloan (material originally discovered by a non-government agent at a UPS facility not subject to suppression for lack of a warrant; evidence recovered in a residential search must be suppressed because affidavit in support of the warrant failed to establish necessary nexus between the items sought and the residence searched).

'White', The Quie Commission, and The Future of Judicial Selection in Minnesota

Presented by the Minnesota Lawyers Chapter May 24, 2007 4:00 p.m. at The Radisson Plaza Hotel, Norway Room, 3rd Floor, 35 South 7th Street in Minneapolis

Administrative Register effective May 15, 2007

The Revisor of Statutes Bureau has issued the first half of No. 617 [27 pp. pdf].

Political Tidbits, May 15, 2007

The latest report

State Budget; Process Preview

The State’s Real Estate Broker Charged in Kickback Scheme

Speaker Names IT Task Force

Energy Bill Proposed

Economic Development Conference Offered New Perspectives

Straw Poll Favors Fred Thompson for President

Doyle Testifies in D.C. on Farm Bill

from The Hamilton Consulting Group.

New State Bar President Seeks Stronger Justice System

According to a press release

Madison attorney Thomas J. Basting, Sr., incoming President of the State Bar of Wisconsin, will push for improved access to justice, consumer safeguards and judicial campaign reform during his one-year term. ...

Since when?

"Objection. Hearsay." is apparently insufficient to preserve a hearsay objection in the Seventh Circuit, even when the statement is indisputably hearsay, and the only issue is whether it fits into an exception to the rule.

Oral Argument May 15, 2007

The Wisconsin Court of Appeals [2 pp. pdf] has scheduled oral argument in the following.

05/15/2007 at Dist. I, 633 W. Wisconsin Ave., #1400, Milwaukee

9:30 a.m. Yolanda Weston v. Wisconsin Dept. of Workforce Development, 2006AP1276

11:00 a.m. Sherrieck Nelson v. Wis. Dept. of Workforce Development, 2006AP1855

This Week in Liberal Judicial Activism: Week of May 14, 2007

Ed Whelan at Bench Memos.

Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

Appellate Opinions Released May 11, 2007

The Wisconsin Supreme Court did not release any opinions unrelated to attorney discipline on this day.

The Wisconsin Court of Appeals did not release any opinions or certify any questions on this day.

Update: The Wisconsin Supreme Court has entered an order In the matter of the Amendment of Supreme Court Rule 12.11-Confidentiality and the Creation of Supreme Court Rule 12.12-Immunity, Supreme Court Rule 12.13-Reimbursement from the Fund is Discretionary, and Supreme Court Rule 21.16(5m)-Restitution, No. 06-03 [TRB]

Appellate Opinions Released May 10, 2007

The Wisconsin Supreme Court did not release any opinions today.

The Wisconsin Court of Appeals released these opinions today, but did not recommend them for publication.

The Court of Appeals did not certify any questions today.

Appellate Opinions Released May 9, 2007

The Wisconsin Supreme Court did not release any opinions unrelated to attorney discipline on this date.

The Wisconsin Court of Appeals released these opinions on this date, recommending the following for publication:

Forbes v. Stoeckl (interplay between statute of limitation and statute of repose in context of continuous negligent dental treatment).

Dickman v. Vollmer (construction of written contract and enforcement of oral agreement to assign a patent).

May 10 Rachel Brand event canceled

Update 2: Sorry, but the event is off (breaking our fifteen year streak). If you sent a prepaid reservation, we hope to be in touch with you shortly about returning or refunding your payment.

Update: We received word this morning (May 7th) that Ms. Brand will be unable to appear. We'll post more information on the event (cancellation/rescheduling/new speaker) as soon as it's available.

Rachel L. Brand is the featured speaker at a luncheon May 10, 2007 at the University Club, 924 East Wells Street, Milwaukee.

Ms. Brand is Assistant Attorney General for Legal Policy in the United States Department of Justice.

To attend, print, complete, and mail the reservation form.

Presented by the Milwaukee Lawyers Chapter and the Marquette Law Student Chapter.

The Basel Risk-Based Capital Standards: Are they Workable?

Audio of this event, held May 1, 2007 at the National Press Club, Washington, D.C., presented by the Federalist Society's Financial Services Practice Group

Attempts by U.S. banking regulators to modernize risk-based banking standards, in the context of the international Basel bank capital standards, have been plagued by complexity, confusion, and delay. What started out more than a decade ago as an update to Basel I (adopted in 1988) has degenerated into several variants, none of which has enjoyed broad support. The ongoing debate over Basel reform has led to at least a decade of delay in updating Basel I, and further delays are highly likely, raising the prospect that the entire global Basel reform process will collapse. Further complicating Basel reform are the potential unintended consequences on the interaction between risk-based capital standards of any type and the unique-to-the-U.S. leverage capital standards for banks.

Appellate Opinions Released May 8, 2007

The Wisconsin Supreme Court did not release any opinions today.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Walker v. Frank (denial of writ of habeas corpus petition alleging ineffective representation).

State v. Jackson (court erred in not allowing evidence of an unavailable witness's prior felony conviction).

State v. Walker (if the court imposing a reconfinement sentence is not the same as the court imposing the original sentence, it must review the transcript from the original sentencing).

U.S. Security, Trade, and Development, Pt. I

Audio of this event, held April 26, 2007 at the National Press Club, Washington, D.C.

Lawyers with an international law practice, or with clients that operate in foreign countries, realize the relationship among U.S. Security and trade between developing and developed countries. Yet more general policy discussion of trade agreements often fails to consider the connection between trade and U.S. security. The U.S. has an interest in having allies that are strong and economically healthy, rather than weak and poor. Our two-part program will consider what internal legal reforms are necessary for both U.S. companies and its trading partners to benefit more fully from increased trade with the U.S.

We will focus on the need and prospects for commercial law reform in developing countries that are, or may become, parties to trade agreements with the U.S. In entering into trade agreements, the U.S. requires certain legal changes from the other contracting parties and also encourages commercial law reforms to make the other countries more competitive.

The four panels, over two days, were organized around USAID's "Four Pillars" of commercial law reform: 1. Property Rights; 2. Contract Rights, specifically the need for laws governing secured transactions; 3. Business organization and de-regulation; and 4. Commercial conflict resolution, including the courts and arbitration.

The conference had both a global perspective and a particular focus on Latin America. While the particulars differ from country to country and region to region, the issues to be discussed are the basic ones common to almost all developing nations.

Bills enacted May 3, 2007, Acts 6-9

Act 6 designating and marking a bridge across the Wisconsin River in the city of Tomahawk as Veterans Memorial Bridge.

Act 7 the frequency of wage payments to volunteer fire fighters and emergency medical technicians.

Act 8 creating an exception to the prohibition against underage persons entering or being on premises operating under an alcohol beverage license for the Wisconsin Renaissance Faire in Chippewa Falls.

Act 9 the provision of taste samples of fermented malt beverages and wine on certain retail
premises.

Strict, but definitely not reasonable

If you rent property for only one month or less, it is exempt from the personal property tax. If you are willing to rent it for a month and a day to a willing lessee, the exemption is lost.

Don't bother reading the opinion for a reasonable justification; there isn't one, nor could there be.

Don't own property with relatives

It's long past time for anti-alienation clauses to be held unreasonable per se.

Appellate Opinions Released May 7, 2007

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions today.

The Court of Appeals did not certify any questions today.

Litigation Section opposes SB61 - Mallet [sic] Reversal

Our State Bar's Litigation Section has announced it opposes SB 61, a bill

relating to: actions against manufacturers, distributors, sellers, and promoters of products.

Because Thomas v. Mallett, 2005 WI 129, was an appeal from a grant of summary judgment, the Wisconsin Supreme Court "construe[d] all facts and reasonable inferences in the light most favorable to the nonmoving party" ¶4. So does the Litigation Section.

Rationale: ... In that case, the entire lead paint industry knowingly manufactured and distributed a product they knew for years caused serious industries and deaths, particularly to young children. They then deceived the public, and several government agencies, into thinking that their product was safe, despite their own internal studies that showed it was not.

Almost all manufacturers in Wisconsin clearly identify and stand behind the products that they put into the stream of commerce. Paint manufacturers do not. Until the Thomas decision, the lead paint manufacturers were able to hide behind the fact that once their product was applied to a surface, it was almost impossible to identify the specific manufacturer, thus leaving innocent children with no recourse. ...

Supreme Court accepts twelve new cases

Liebovich v. Minnesota Insurance Co. (2006AP405) 2007 WI App 28

whether it was “fairly debatable” that a specific homeowner’s insurance policy provided coverage for an “offense” involving a building setback restriction.

Nichols v. Progressive (2006AP364)

[Insureds] did not provide alcohol to their underage party guests, but allegedly knew that some underage guests were consuming alcohol and did not supervise or prevent it.
... The Supreme Court is expected to consider whether a common law negligence claim may be used to impose liability on the social hosts in this situation.

Estate of James Matteson v. Robert Matteson (2005AP2607) 2007 WI APP 23

...calculations used to determine an outgoing partner’s profit share and the continuing partner’s compensation.

Berner Cheese Corp. v. Lyle A. Krug, et al. (2005AP1527)

The Supreme Court is expected to explore the bounds of an attorney’s duties to a client, and to clarify the circumstances under which a client can mount a claim for punitive damages against an attorney whose advice is not sound.

In Re the Marriage of: Steinmann v. Steinmann (2005AP1588)

The Supreme Court is expected to determine whether tracing marital assets, as Rose proposes to do in this case, is lawful, and whether the property division and maintenance awards were proper.

State v. Harenda Enterprises, Inc. (2005AP1829) 2006WI App 230

This case, which turns on the language of federal regulations adopted by the state, involves a dispute over rules and statutes regulating asbestos contamination.

Olson v. Town of Cottage Grove (2005AP2257)

Walter Olson, a real estate developer, challenged a Town of Cottage Grove ordinance, which, in some instances, requires transfer of development rights when property is developed.

State v. William Troy Ford (2006AP806-CR)

...whether the circuit court erred in not declaring a mistrial when the victim identified the courtroom bailiff as the person who had come into the gas station after the incident and suggested that he call the police (thereby making him a potential witness); and whether the circuit court erred in allowing witnesses to testify about the contents of a surveillance videotape that was not currently playable but could potentially have been restored by further efforts.

State v. Michelle R. Popenhagen (2006AP1114-CR) 2007 WI APP 16

...whether a person has a reasonable expectation of privacy in bank records such that bank records obtained through a subpoena that did not comply with statutory requirements should be suppressed as evidence in the prosecution of a theft and check-cashing scheme.

Walworth Co. DHHS v. Andrea L.O. (2007AP8)

...if the rationale and holding of a juvenile case involving a similar issue would apply to this [termination of parental rights] case, and require the trial judge to question Andrea personally regarding her stipulation of the first element for the termination.

State v. Beaver Dam Area Development Corp. (2006AP662)

...definition of "quasi-government corporation" as it relates to Wisconsin’s open meetings and public records laws.

Below v. Dion and Dana Norton (2005AP2855) 2007 WI App 9

...if the economic loss doctrine applies to a residential real estate transaction between private individuals.

Oral argument May 8, 2007

The Wisconsin Court of Appeals [2 pp. pdf] has scheduled oral argument in the following.

05/08/07 9:30 a.m. at Dist. II, 2727 North Grandview Blvd., Waukesha, Emmpak Foods, Inc. v. LIRC 2006AP729

This Week in Liberal Judicial Activism: Week of May 8, 2007

Ed Whelan at Bench Memos.

Mr. Whelan was the featured speaker at our chapter's March 8th luncheon.

Administrative Register and decisions April 2007

The Revisor of Statutes Bureau has issued the first [23 pp. pdf]. and second [46 pp. pdf]. halves of No. 616.


Administrative decisions posted online last month:

LIRC Equal Rights Decisions

LIRC Unemployment Insurance Decisions

LIRC Workers Compensation Decisions

Appellate Opinions Released May 4, 2007

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions today. Nor did the Court of Appeals certify any questions today.

State Bar supports SB171 - Supreme Court Campaigns

Our State Bar has announced it supports SB 171, a bill

relating to: public financing of campaigns for the office of justice of the supreme court, making appropriations, and providing penalties.

Its rationale:

The State Bar of Wisconsin supports public financing for Supreme Court campaigns from state general purpose revenue to help maintain the integrity and independence of Wisconsin's courts, where even the perception of bias destroys public trust and confidence in the justice system.

(see AB 250)

Product Liability and federalism

Excerpt of an article by Michael Krauss, maintaining that the applicable product liability laws should be determined by the state in which a product is sold, rather than used, enabling sellers to discriminate in price between states that have reasonable tort laws and those that don't (hey that's us, Wisconsin!).