Sued if you do...

John Fauber reported in Sunday's Milwaukee Journal Sentinel on the relatively low use rate for tissue plasminogen activator (t-PA), a lot-dissolving drug, for treatment of stroke.

Because the drug can cause bleeding in the brain in about 5% of cases, some doctors worry about getting sued, even though such cases are rare and a doctor is more likely to be sued for not using the drug, according to stroke specialists interviewed.

Order on the definition of the practice of law, 2010 WI 101

Supreme Court issues final UPL rule, by Adam Korbitz, Government Relations Coordinator, State Bar of Wisconsin


Wisconsin Supreme Court order [html | pdf] today effective January 1, 2011 creating SCR Chapter 23 Regulation of the Practice of Law. In the matter of the Definition of the Practice of Law and the Administration of a Rule Defining the Practice of Law (07-09)

Order on submitting evidence in languages other than English, 2010 WI 100

Wisconsin Supreme Court order [html |pdf] today effective January 1, 2011. In the matter of creation of Wis. Stat. s. 887.27 and Wis. Stat. s. 901.09 and amendment of Supreme Court Rule 70.155, relating to the submission of evidence originating in a language other than English (09-03)

Decision in 'Office of Lawyer Regulation v. Brady' 2010 WI 98

Milwaukee attorney disbarred, by Gina Barton, Proof and Hearsay


Wisconsin Supreme Court decision today in this case (2010AP726-D) ordering revocation. Opinion Per Curiam.

Smoking, liberty of contract, and stray kittens

On appeal, week of July 26, 2010

Opinions issued by the Wisconsin Supreme Court July 26th through 30th

Opinions issued by the Wisconsin Court of Appeals July 26th through 30th

Wisconsin Supreme Court Oral Argument September 2010

Wisconsin Court of Appeals Oral Argument Schedule (updated May 10, 2010) - none scheduled

Decisions and orders 2009-2010 Term of the Wisconsin Supreme Court.

Judging umpires

Richard Sandomir reported in The New York Times on the induction of Doug Harvey into the Baseball Hall of Fame.

One can judge umpires by the number of times they have been chosen for All-Star Games and the postseason. But they may be best judged by doing their jobs well and not standing out for inconsistent strike zones or wrecking a pitcher’s perfect game attempt.

Diane Sykes, Madison Chapter inaugural event, July 27, 2010

The Madison, Wisconsin, Lawyers Chapter of The Federalist Society for Law & Public Policy Studies invites you to its Inaugural Event, Tuesday, July 27, 2010, 5:00 p.m. to 6:30 p.m., at the Madison Club, Capitol Room, 5 East Wilson Street, Madison, Wisconsin.

The Guest Speaker is the Honorable Diane S. Sykes, Judge, United States Court of Appeals for the Seventh Circuit.

Cost (includes hors d’oeuvres and drinks) is $20.00 in advance, $25 at the door.

RSVP by July 23rd to Andrew Cook by email or telephone (608) 219-4632.

CLE Credit(s) Pending

(photo by Jack Zemlicka, courtesy of Wisconsin Law Journal)

File: under God

Robert George writes in the current issue of First Things on God and Gettysburg, noting that in a pocket edition of founding documents

The American Constitution Society had omitted Lincoln’s reference to the United States as a nation under God from the address he gave at the dedication of the burial ground at Gettysburg.

He goes on to note that three of the five known drafts of the speech and the contemporary accounts by three reporters present at the speech include those words.

Caroline Fredrickson, Executive Director of the ACS responds at its weblog in a post Debate or Distraction: Why Some Are Fretting Over the ACS Pocket Constitution, including,

At a time when many conservative pundits and policymakers can only try to distract from the administration's efforts to address real problems, it is perhaps not surprising that some would try to refocus attention on such peripheral issues.

The booklet is "offered free to attendees at most ACS events" so maybe I'll get one tonight at the local ACS chapter event featuring Mark Tushnet, Eve's father and one of my professors at UW Law.


Update: In the Q&A Professor Tushnet was asked about reference to foreign law in interpreting the U.S. Constitution. He noted this has happened mostly in cases on what constitutes cruel and unusual punishment. As an aside, he said that similar use of foreign law would support conservative positions on the exclusionary rule and abortion, but the more conservative justices do not do so on principle.

Decision in 'State v. Henley' 2010 WI 97

Circuit court did not have inherent authority to grant new trial in campus assault case, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP697-CR) reversing the Circuit Court on certification by the Court of Appeals. See all posts.

Opinion by Justice Gableman, joined by Justices Roggensack and Ziegler.
Concurrence by Justice Prosser.
Dissent by Justice Crooks, joined by Chief Justice Abrahamson and Justice Bradley.

Decision in 'Sands v. Menard, Inc.' 2010 WI 96

Supreme Court favors John Menard, Milwaukee NewsBuzz

Court says Menard attorney should not get job, by The Associated Press, La Crosse Tribune (via WisPolitics)

Front pay is proper remedy for discrimination, by David Ziemer, Wisconsin Law Journal

Supreme court nixes arbitration panel’s reinstatement of Menard Inc.’s general counsel, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP1703) reversing the Court of Appeals, 2009 WI App 70, 318 Wis. 2d 206, 767 N.W.2d 332. See all posts.

Opinion by Justice Gableman, joined by Justices Prosser, Roggensack, and Ziegler.
Dissent by Chief Justice Abrahamson, joined by Justices Bradley and Crooks.

Decision in 'Borek Cranberry Marsh v. Jackson County' 2010 WI 95

Sand removal rights for cranberry bog transferable without express language to the contrary, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP1144) affirming the Court of Appeals, 2009 WI App 129, 321 Wis. 2d 437, 773 N.W.2d 522. See all posts.

Opinion by Justice Gableman, joined by Justices Crooks, Prosser, Roggensack, and Ziegler.
Dissent by Chief Justice Abrahamson, joined by Justice Bradley.

Decision in 'Wisconsin Medical Society v. Morgan' 2010 WI 94

SCOWIS To Doyle: Put It Back, by Rick Esenberg, Shark and Shepherd

Wisconsin Supreme Court Issues Two Important Opinions Affecting Health Care Providers and Employers, by Andrew Cook, Hamilton Consulting Group

Supreme Court rules malpractice fund raid unconstitutional, by Jack Zemlicka, Wisconsin Law Journal

Supreme Court overturns $200 million transfer out of Patients Comp Fund, by WisPolitics Staff

State’s $200 million transfer from patient compensation fund unconstitutional, by Joe Forward, State Bar of Wisconsin

Jim Doyle’s Legacy, On One Page, by Christian Schneider, Wisconsin Policy Research Institute

Ruling protects injured patients, by Thomas J. Luetzow, president of the Wisconsin Medical Society, Milwaukee Journal Sentinel (via WisOpinion)

The legacy of Gov. Doyle and the cowardice of the legislature, by Mike Hahn, Letters in Bottles (via WisOpinion)

Court ruling provides guidance, but not definitive answer, on fund raids by state, by Jack Zemlicka, Wisconsin Law Journal


Wisconsin Supreme Court decision today in this case (2009AP728) reversing the Circuit Court on certification from the Court of Appeals. See all posts.

Opinion by Justice Prosser, joined by Justice Crooks, Roggensack, Ziegler, and Gableman.
Dissent by Chief Justic Abrahamson, joined by Justice Bradley.

Decision in 'Grygiel v. Monches Fish & Game Club, Inc.' 2010 WI 93

Wisconsin Supreme Court decision today in this case (2008AP2028) reversing the Court of Appeals, 2009 WI App 102, 320 Wis. 2d 550, 770 N.W.2d 749. See all posts.

Opinion by Justice Roggensack, joined by Justices Bradley, Crooks, Prosser, Ziegler, and Gableman.

¶1 ... The issues in this case are whether Scheife's use of the easement to achieve access to property other than the Club's property contravened the express terms of the Club's easement and, if so, whether Scheife committed trespass on Grygiel's property by that act. We conclude that Scheife contravened the express terms of the Club's easement by entering Grygiel's property without consent and in doing so he unlawfully trespassed on Grygiel's land.

Concurrence and dissent by Chief Justice Abrahamson.

¶51 Here, the majority interprets the easement favorably to the plaintiffs and then goes further. It decides that the plaintiffs have a good cause of action and have made a complete case for trespass. Not only that, it awards nominal damages on the trespass cause of action to the plaintiffs. The trespass complaint may not be as simple as the majority makes out.

Decision in 'State v. Sveum' 2010 WI 92

Wisconsin Supreme Court concludes that Madison police obtained a valid warrant authorizing placement of a GPS tracking device on car of stalking suspect, Wisconsin Department of Justice press release (via The Wheeler Report)

Wisconsin Supreme Court Decision Leaves Unanswered Questions About GPS Tracking; ACLU Seeks Legislative Response, ACLU of Wisconsin press release (via The Wheeler Report)

Supreme Court approves GPS use in stalking case: ACLU says larger issue of privacy was 'sidestepped', by Todd Richmond, Associated Press, Appleton Post-Crescent (via WisPolitics)

Warrant found technically irregular, but valid: GPS tracking upheld by court in stalking case, by David Ziemer, Wisconsin Law Journal

With warrant, police can use GPS device to monitor criminal suspect more than five days, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP658-CR) affirming the Court of Appeals, 2009 WI App 81, 319 Wis. 2d 498, 769 N.W.2d 53. See all posts.

Opinion by Justice Roggensack, joined by Justices Prosser and Gableman.
Concurrence by Justice Crooks.
Concurrence by Justice Ziegler.
Dissent by Chief Justice Abrahamson, joined by Justice Bradley.

Decision in 'State v. McGuire' 2010 WI 91

Wis. justices uphold ex-Jesuit priest's conviction, by Associated Press (via WisPolitics)

Supreme court rejects constitutional challenge by former Jesuit priest from Illinois, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2007AP2711-CR) affirming the Court of Appeals. See other posts. Opinion by Justice Prosser for a unanimous court.

Decision in 'Tatera v. FMC Corporation' 2010 WI 90

Wisconsin Supreme Court Issues Two Important Opinions Affecting Health Care Providers and Employers, by Andrew Cook, Hamilton Consulting Group

Ruling could muddle construction law, by The Daily Reporter

Principal employer not liable to independent contractor in asbestos case, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP170) reversing the Court of Appeals, 2009 WI App 80, 319 Wis. 2d 688, 768 N.W.2d 198. See all posts.

Opinion by Justice Ziegler, joined by Justices Prosser, Roggensack, and Gableman.
Dissent by Justice Crooks, joined by Chief Justice Abrahamson and Justice Bradley.

Retroactive worker's comp law unconstitutional

Supreme Court breathes life into Due Process and Contract Clauses.

As if civil procedure in Wisconsin wasn't arbitrary enough

The Supreme Court has adopted a five-part test to decide whether a defendant can reopen a default judgment, even though the plaintiff failed to serve the amended complaint on its attorney, as required by statute.

On appeal, week of July 19, 2010

Opinions issued by the Wisconsin Supreme Court July 19th through 23rd

Among Wisconsin Supreme Court opinions to be released Tuesday are:
- Wisconsin Medical Society v. Morgan (2009AP728) State Supreme Court ruling has big budget impact, by The Assocated Press, La Crosse Tribune (via WisPolitics)
- State v. McGuire (2007AP2711-CR) Supreme Court to rule in priest abuse case, by The Assocated Press, La Crosse Tribune (via WisPolitics)

Opinions issued by the Wisconsin Court of Appeals July 19th through 23rd

Wisconsin Supreme Court Oral Argument September 2010

Wisconsin Supreme Court Pending Cases (updated July 21, 2010)

Wisconsin Supreme Court Pending Rules Petitions (updated July 12, 2010)

Wisconsin Court of Appeals Oral Argument Schedule (updated May 10, 2010) - none scheduled

Decisions and orders 2009-2010 Term of the Wisconsin Supreme Court.

Fighting (against) Bob

Emanuel Philipp's Political Reform in Wisconsin (1910), his critique of Wisconsin's progressive movement under Robert M. La Follette, Sr., is now available in various ebook formats in the American Libraries collection at the Internet Archive.

(via The Online Books Page)

Decision in 'State v. Allen' 2010 WI 89

Serial Litigation Bar and No-Merit Procedure, by the Wisconsin State Public Defender, at On Point

No response to no-merit will usually forfeit issues: Defendant needs reason for not replying to reports, by David Ziemer, Wisconsin Law Journal


Wisconsin Supreme Court decision today in this case (2007AP795) affirming the Court of Appeals. See Argument.

Opinion by Justice Prosser, joined by Justices Crooks, Roggensack, Ziegler, and Gableman.
Concurrence by Chief Justice Abrahamson, joined by Justice Bradley.

Decision in 'State v. Kleser' 2010 WI 88

Wisconsin Supreme Court decision today in this case (2007AP2827-CRAC) affirming in part and reversing in part the Court of Appeals, 2009 WI App 43, 316 Wis. 2d 825, 768 N.W.2d 230. See Argument.

Opinion by Justice Prosser, joined by Justices Crooks, Roggensack, Ziegler, and Gableman.
Concurrence and dissent by Justice Bradley, joined by Chief Justice Abrahamson.

Decision in 'Mercycare Ins. Co. v. Wisconsin Commissioner of Insurance' 2010 WI 87

Surrogate mothers win insurance battle in court, by the Associated Press, Janesville Gazette (via WisPolitics)

Insurers cannot exclude surrogate mothers from maternity coverage under statute, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP2937) reversing the Circuit Court on certification from the Court of Appeals. See Argument.

Opinion by Justice Bradley, joined by Chief Justice Abrahamson, and Justices Crooks and Prosser.
Concurrence by Justice Roggensack, joined by Justices Ziegler and Gableman.

Decision in 'Schill v. Wisconsin Rapids School District' 2010 WI 86

Court sides with teachers in e-mail dispute, by Bruce Vielmetti, Milwaukee Journal Sentinel

Public workers can keep some e-mails secret, court rules, by The Associated Press, Wausau Daily Herald (via WisPolitics)

State Supreme Court's ruling on personal e-mail adds work for public record keepers, by Adam Wise, Wausau News Herald (via WisPolitics)


Wisconsin Supreme Court decision today in this case (2008AP967-AC) reversing the Circuit Court on certification from the Court of Appeals. See Argument.

Opinion by Chief Justice Abrahamson, joined by Justices Crooks and Prosser.
Concurrence by Justice Bradley.
Concurrence by Justice Gableman.
Dissent by Justice Roggensack, joined by Justice Ziegler.

On appeal, week of July 12, 2010

Opinions issued this week by the Wisconsin Supreme Court and Wisconsin Court of Appeals

Wisconsin Supreme Court Oral Argument September 2010

Wisconsin Supreme Court Pending Cases (updated July 16, 2010)

Wisconsin Supreme Court Pending Rules Petitions (updated July 12, 2010)
Petitions Filed-Tentatively Scheduled For Public Hearing:
October 4, 2010
- In the Matter of the Petition for Amendment to Supreme Court Rule 22.24 relating to Cost Assessments in the Lawyer Regulation System [Court review of order dated May 1, 2006] (05-01)
- In the Matter of the Petition to Amend SCR 12.02(6) and SCR 12.03(7) concerning the Lawyers Assistance Corporation (10-07)
October 18, 2010
- In the Matter of the Petition to create a rule governing the discretionary transfer of cases to tribal court [Court review of orders dated July 31, 2008 and July 1, 2009] (07-11, 07-11A)
October 19, 2010
- In the Matter of Amendment of Supreme Court Rule 81.02, Compensation of Attorneys Appointed by the Court (10-03)
- In the Matter of the Petition for Establishment of Standards and Procedures for Permanent Revocation (10-04)
November 5, 2010
- In the Matter of the Petition for Amendment of Trust Account Insurance and Safety Requirements (10-05)
- In re amendment of SCR 71.01(2), required court reporting, and Wis. Stats. § 885.42, videotape procedure (10-06)
January 13, 2011
- In the Matter of the Petition to Amend Supreme Court Rule 40.08 Relating to Adverse Determinations of Bar Applicants’ Character and Fitness [awaiting amended petition] (08-11)
- In the Matter of the Petition to Create Supreme Court Rule 40.075 Relating to Conditional Admission to the Bar [awaiting amended petition] (08-13)

Wisconsin Court of Appeals Oral Argument Schedule (updated May 10, 2010) - none scheduled

Decisions and orders 2009-2010 Term of the Wisconsin Supreme Court.

Decision in 'State v. Littlejohn' 2010 WI 85

Wisconsin Supreme Court decision today in this case (2007AP900-CR) affirming the Court of Appeals, 2008 WI App 45, 307 Wis. 2d 477, 747 N.W.2d 712. See Argument.

Opinion by Justce Gableman, joined by Justices Crooks, Prosser, Roggensack, and Ziegler.
Dissent by Chief Justice Abrahamson, joined by Justice Bradley.

Decision in 'State v. Dearborn' 2010 WI 84

Search-Incident – Good-Faith Reliance on Judicial Precedent, by the Wisconsin State Public Defender, at On Point

Supreme court restricts police authority to search vehicles, but applies good-faith exception, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2007AP1894-CR) affirming the Court of Appeals, 2008 WI App 131, 313 Wis. 2d 767, 758 N.W.2d 463. See Argument.

Opinion by Justice Gableman, joined by Justices Crooks, Prosser, Roggensack, and Ziegler.
Dissent by Chief Justice Abrahamson, joined by Justice Bradley.

Decision in 'State v. Artic' 2010 WI 83

Warrantless Entry – Consent – Attenuation of Taint, by the Wisconsin State Public Defender, at On Point

Voluntary consent sufficiently attenuated to remove taint of illegal police entry, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP880-CR) affirming the Court of Appeals, 2009 WI App 12, 316 Wis. 2d 133, 762 N.W.2d 436. See Argument.

Opinion by Justice Prosser, joined by Justices Crooks, Roggensack, Ziegler, and Gableman.
Dissent by Chief Justice Abrahamson, joined by Justice Bradley.

Decision in 'State v. Hess' 2010 WI 82

Exclusionary Rule – Good-Faith Rule – Void ab initio Warrant, by the Wisconsin State Public Defender, at On Point


Wisconsin Supreme Court decision today in this case (2008AP2231-CR) affirming the Court of Appeals, 2009 WI App 105, 320 Wis. 2d 600, 770 N.W.2d 769. See Argument.

Opinion by Justice Prosser, joined by Chief Justice Abrahamson, and Justice Bradley.
Concurrence by Justice Ziegler.
Dissent by Justice Gableman, joined by Justice Roggensack.
Justice Crooks did not participate.

Decision in 'State v. Pinkard' 2010 WI 81

Community Caretaker – Warrantless Entry, by the Wisconsin State Public Defender, at On Point

Police seized drugs lawfully under the community caretaker exception, supreme court says, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP1204-CR) affirming the Court of Appeals. See Argument.

Opinion by Justice Roggensack, joined by Justices Crooks, Ziegler, and Gableman.
Dissent by Justice Bradley, joined by Chief Justice Abrahamson and Justice Prosser.

Decision in 'State v. Robinson' 2010 WI 80

Warrantless Entry – Exigent Circumstances, by the Wisconsin State Public Defender, at On Point

Exigent circumstances support warrantless entry, supreme court holds, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP266-CR) affirming the Court of Appeals, 2009 WI App 97, 320 Wis. 2d 689, 770 N.W.2d 721. See Argument.

Opinion by Justice Ziegler, joined by Justices Crooks, Prosser, Roggensack, Gableman.
Dissent by Justice Bradley, joined by Chief Justice Abrahamson.

Decision in 'State v. Harris' 2010 WI 79

Wis. Supreme Court says judge didn't rely on race, by the Associated Press, Janesville Gazette (via WisPolitics)

Sentencing – Review – Reliance on Race or Gender, by the Wisconsin State Public Defender, at On Point

Judge did not abuse discretion when making ‘baby mama’ and other remarks at sentencing, by Joe Forward, State Bar of Wisconsin

Remember what Kessler and Curley did to Joe Wall: And the law, by Mike Nichols, Wisconsin Policy Research Institute (via WisOpinion)


Wisconsin Supreme Court decision today in this case (2008AP810-CR) reversing the Court of Appeals. See Argument.

Opinion by Justice Gableman, joined by Justices Prosser, Roggensack, and Ziegler.
Concurrence by Justice Crooks, joined by Chief Justice Abrahamson and Justice Bradley.

Decision in 'Blum v. 1st Auto & Casualty Ins. Co.' 2010 WI 78

Supreme Court dumbs down legal research, by David Ziemer, Wisconsin Law Journal

Binding Authority – Overruled Court of Appeals Decision, by the Wisconsin State Public Defender, at On Point

Overruled appeals cases possess no precedential value; uninsured motorist must be negligent to trigger coverage, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP1324) affirming the Court of Appeals, 2009 WI App 19, 315 Wis. 2d 822, 762 N.W.2d 819. See Argument.

Opinion by Justice Prosser, joined by Justice Crooks.
Concurrence and dissent by Justice Bradley, joined by Chief Justice Abrahamson.
Concurrence and dissent by Justice Roggensack, joined by Justices Ziegler and Gableman.

Decision in 'State v. Carter' 2010 WI 77

Sentence Credit, by the Wisconsin State Public Defender, at On Point
Credit for time served: Supreme court addresses rules under sentence credit statute, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2006AP1811-CR) affirming the Court of Appeals, 2007 WI App 255, 306 Wis. 2d 450, 743 N.W.2d 700. See Argument.

Opinion by Chief Justice Abrahamson, joined by Justices Bradley and Crooks.
Concurrence by Justice Gableman.
Concurrence and dissent by Justice Roggensack.
Dissent by Justice Prosser.
Dissent by Justice Ziegler.

Decision in 'Admanco, Inc. v. 700 Stanton Drive, LLC' 2010 WI 76

Proceeds of letters of credit not property of insolvent debtor’s estate, supreme court holds, by Joe Forward, State Bar of Wisconsin


The Wisconsin Supreme Court today issued its decision in this case (2007AP2791) reversing the Court of Appeals, 2009 WI App 57, 318 Wis. 2d 232, 768 N.W.2d 32. See Argument.

Opinion by Justice Roggensack, joined by Justices Prosser and Gableman.
Dissent by Justice Crooks, joined by Justice Bradley.
Chief Justice Abrahamson and Justice Ziegler did not participate.

Decision in 'Miller v. The Hanover Insurance Co.' 2010 WI 75

Default judgment vacated, Wisconsin Law Journal


The Wisconsin Supreme Court today issued its decision in this case (2008AP1494) reversing the Court of Appeals. See Argument.

Opinion by Justice Roggensack, joined by Justices Crooks, Prosser, Ziegler, and Gableman.
Concurrence by Justice Bradley, joined by Chief Justice Abrahamson.

Christopher Wolfe "The Cultural Preconditions of American Liberty" July 13, 2010

Professor Christopher Wolfe will speak on "The Cultural Preconditions of American Liberty" at a Noon luncheon Tuesday, July 13, 2010 at the Milwaukee Athletic Club, 758 North Broadway.

Mr. Wolfe is emeritus professor of political science at Marquette University and Co-Director of the Thomas International Center. His scholarly work has focused on constitutional law and on contemporary liberal legal theory and natural law, and his publications include The Rise of Modern Judicial Review and Natural Law Liberalism.

Reservations may be made by printing and returning the registration with $20.00 ($15 for students, teachers, judges and clergy) to: Federalist Society, c/o Daniel Kelly, Suite 1700, 1000 North Water Street, Milwaukee, Wisconsin 53202, for receipt on or before July 9, 2010. There will be a $25.00 charge at the door for those without reservations. Seating is limited. Refunds cannot be given to those who choose not to attend.

Presented by the Milwaukee Lawyers Chapter of the Federalist Society for Law and Public Policy Studies.

Decision in 'Bank Mutual v. S.J. Boyer Construction, Inc.' 2010 WI 74

Guarantors liable for deficiency despite mortgagee’s election for shortened redemption period, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP912) reversing the Court of Appeals, 2009 WI App 14, 316 Wis. 2d 266, 762 N.W.2d 826. See Argument.

Opinion by Justice Prosser, joined by Justices Crooks, Roggensack, and Gableman.
Dissent by Chief Justice Abrahamson, joined by Justice Bradley.
Justice Ziegler did not participate.

Order on electronic discovery 2010 WI 67

Wisconsin Supreme Court order [html | pdf] entered July 6, 2010

effective January 1, 2011, but are subject to revision after a
public hearing to be held in the fall of 2010 and an opportunity
for public comment. Any written comments on these amendments and
further proposed amendments should be filed with the Clerk of the
Supreme Court by August 31, 2010.[footnote omitted]

Opinion Per Curiam.
Dissent by Justice Ziegler, joined by Justices Roggensack and Gableman.
In the matter of amendment of Wis. Stat. §§ 802.10, 804.01, 804.08, 804.09, 804.12, and 805.07 (09-01)

Commission drops Gableman case

Jack Zemlicka reports in the Wisconsin Law Journal on the Statement of Discontinuance filed today in Wisconsin Judicial Commission v. Gableman (2008AP002458-J)


Update: With Supreme Court deadlocked, commission drops Gableman ethics case: Wisconsin judicial panel says decision doesn't exonerate justice, by Patrick Marley, Milwaukee Journal Sentinel

Decision in 'State v. Jones' 2010 WI 72

Counsel – Substitution – Deaf Defendant, by Wisconsin State Public Defender, at On Point

Indigent defendant not entitled to substitute counsel, by David Ziemer, Wisconsin Law Journal


Wisconsin Supreme Court decision today in this case (2008AP2342-CR) affirming the Court of Appeals. See Argument.

Opinion by Justice Crooks, joined by Justices Prosser, Roggensack, Ziegler and Gableman.
Concurrence by Justice Bradley, joined by Chief Justice Abrahamson.

Decision in 'Estate of Parker v. Beverly Enterprises, Inc.' 2010 WI 71

Interlocutory-Appeal Petition – Reviewability, by Wisconsin State Public Defender, at On Point

Wisconsin Supreme Court Issues Decision Affecting Arbitration Agreements, by Emily Kiddoo, Hamilton Consulting Group


Wisconsin Supreme Court order today in this case (2008AP2440-LV) denying the motion of defendants-respondents to dismiss the petition for review of a dismissal by the Court of Appeals. See Argument.

Opinion by Justice Bradley, joined by Chief Justice Abrahamson and Justices Crooks and Roggensack.
Concurrence by Justice Prosser, joined by Justice Gableman.
Concurrence by Justice Ziegler.

Decision in 'State v. Cross' 2010 WI 70

Guilty Plea – Knowledge of Maximum Penalty, by Wisconsin State Public Defender, at On Point


Wisconsin Supreme Court decision today in this case (2009AP3-CR) affirming the Circuit Court on bypass of the Court of Appeals. See Argument.

Opinion by Justice Gableman, joined by Justices Crooks, Prosser, Roggensack and Ziegler.
Concurrence by Chief Justice Abrahamson, joined by Justice Bradley.

Decision in 'State v. Ringer' 2010 WI 69

Rape-Shield – Prior Untruthful Allegation, by Wisconsin State Public Defender, at On Point


Wisconsin Supreme Court decision today in this case (2008AP652-CR) reversing the Court of Appeals. See Argument.

Opinion by Justice Ziegler, joined by Justices Bradley, Crooks, Prosser, Roggensack and Gableman.
Concurrence by Chief Justice Abrahamson.

Decision in 'Society Insurance v. LIRC' 2010 WI 68

High court rules against insurance shift, Regional News Brief, Milwaukee Journal Sentinel

Court rules state must pay disabled worker benefits, by Ryan J. Foley, Associated Press, Wisconsin State Journal (via WisPolitics)

Retroactive worker’s comp law unconstitutional, Wisconsin Law Journal

Retroactive application of worker’s compensation statutes unconstitutional, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision today in this case (2008AP3135) on certification from the Court of Appeals. See Argument.

Opinion by Justice Roggensack, joined by Justices Prosser, Ziegler and Gableman.
Dissent by Justice Crooks, joined by Chief Justice Abrahamson and Justice Bradley.

Order on judicial recusal, 2010 WI 73

State Supreme Court relaxes ethics rules, by Chris Walker, Political Heat (via WisOpinion)

3 justices say court is ethically adrift: Legislative panel working on issue, by Patrick Marley, Milwaukee Journal Sentinel (via WisPolitics)

Supreme court revises judicial recusal guidelines, by Tom Solberg, Media Relations Coordinator, State Bar of Wisconsin


Wisconsin Supreme Court order [html | pdf] yesterday effective immediately:
denying the Amended Petition of League of Women Voters of Wisconsin Education Fund, and the Petition of retired Justice William A. Bablitch, In the Matter of Amending the Rules of Judicial Conduct (08-25 and 09-11); and
adopting as revised the previously accepted petitions of the Wisconsin Realtors Association, Inc. and Wisconsin Manufacturers and Commerce, In the matter of amendment of the Code of Judicial Conduct's rules on recusal (08-16 and 09-10).

Order Per Curiam.
Dissent by Justice Bradley, joined by Chief Justice Abrahamson and Justice Crooks.


See other posts on recusal.

Decision in 'State v. Imani' 2010 WI 66

Counsel – Waiver – Self-Representation, by the Wisconsin State Public Defender, at On Point


The Wisconsin Supreme Court today issued its decision in this case (2008AP1521-CR) reversing the Court of Appeals, 2009 WI App 98, 320 Wis. 2d 505, 771 N.W.2d 379. See Argument.

Opinion by Justice Ziegler, joined by Justices Prosser, Roggensack and Gableman.
Concurrence and dissent by Justice Crooks, joined by Chief Justice Abrahamson and Justice Bradley.

Decision in 'Konneker v. Romano' 2010 WI 65

Deed determines whether non-riparian rights include right to construct pier on easement, by Joe Forward, State Bar of Wisconsin


The Wisconsin Supreme Court today issued its decision in this case (2008AP1546) reversing the Court of Appeals. See Argument.

Opinion by Justice Ziegler, joined by Justices Crooks, Prosser, Roggensack and Gableman.
Concurrence by Chief Justice Abrahamson joined by Justice Bradley.

Decision in 'Maryland Arms Limited Partnership v. Connell' 2010 WI 64

Wisconsin Supreme Court Rules Against Landlord in Maryland Arms Case and Chooses To Avoid Answering The Bigger Question, by Tristan R. Pettit, Tristan's Landlord-Tenant Law Blog (via Wisconsin Law Journal

Landlord fails in attempt to shift fire damage costs to tenant without negligence, by Joe Forward, State Bar of Wisconsin


The Wisconsin Supreme Court today issued its decision in this case (2008AP1700) affirming the Court of Appeals, 2009 WI App 87, 320 Wis. 2d 147, 769 N.W.2d 145. See Argument.

Opinion by Justice Bradley, joined by Chief Justice Abrahamson and Justices Crooks and Roggensack.
Concurrence by Justice Ziegler.
Dissent by Justice Prosser, joined by Justice Gableman.

New national Federalist Society weblog

The national Federalist Society has launched FedSoc blog

It will serve as a one-stop shop for the latest legal news and developments, as well as information on what's new at the Federalist Society. The blog also contains a special section devoted to the Federalist Society's online debate series, Originally Speaking, where legal experts discuss current issues arising in the law.

A happy meal for my girl

Jackbooted thugs trying to shake down McDonald's.

On appeal, week of July 5, 2010

Opinions issued this week by the Wisconsin Supreme Court and Wisconsin Court of Appeals


Wisconsin Supreme Court Oral Argument September 2010
September 11, 2010
9:45 a.m. Nestle USA, Inc. v. Wisconsin Dept. of Revenue (2008AP322)
10:45 a.m. Town Bank v. City Real Estate Development, LLC (2008AP1845)
1:30 p.m. Brethorst v. Allstate Property and Casualty Insurance Co. (2008AP2595)
September 15, 2010
9:45 a.m. State v. Forbush (2008AP3007-CR) 10:45 a.m. State v. Patterson (2008AP1968-CR)
1:30 p.m. Office of Lawyer Regulation v. Hammis (2009AP468-D)
September 18, 2010
9:45 a.m. State v. Carter (2008AP3144-CR)
10:45 a.m. Jackson v. Buchler (2006AP948)


Wisconsin Supreme Court Pending Cases (updated July 9, 2010)
added cases
Casper v. American International South Insurance Co. (2006AP1229), Casper v. National Union Fire Ins. Co. of Pittsburgh, PA (2006AP2512), and Casper v. National Union Fire Ins. Co. of Pittsburgh, PA (2007AP369) review 2010 WI App 2, 323 Wis.2d 80, 779 N.W.2d 444
Phillips v. U.S. Bank N.A. (2009AP246) review 2010 WI App 35, 781 N.W.2d 540
State v. Marinez (2009AP567-CR) review


Wisconsin Supreme Court Pending Rules Petitions (updated July 8, 2010)
September 30, 2010
9:30 a.m. In the matter of amendment of Wis. Stat. §§ 802.10, 804.01, 804.08, 804.09, 804.12 and 805.07, Electronic Discovery (09-01)
9:30 a.m. In the Matter of the Petition to Amend or Repeal Supreme Court Rule 40.03, Diploma Privilege (09-09)


Wisconsin Court of Appeals Oral Argument Schedule (updated May 10, 2010)


Decisions and orders 2009-2010 Term of the Wisconsin Supreme Court.

Imagining a Liberal Court

Noah Feldman in The New York Times Magazine the Sunday before last (titled "What a Liberal Court Should Be" in the print edition)

What is needed, therefore, is an argument about why regulating markets is, from a constitutional perspective, desirable to enhance the constitutional values of self-government and individual liberty.

Decision in 'Pries v. McMillon' 2010 WI 63

Court: Inmate injured working at fair can collect, by Ryan J. Foley, Associated Press (via WisPolitics)

Ministerial duty precludes governmental immunity in state fair case, by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision Friday in this case (2008AP89) affirming the Court of Appeals. See Argument.

Opinion by Justice Crooks, joined by Justices Prosser and Ziegler.
Concurrence by Chief Justice Abrahamson.
Dissent by Justice Bradley, joined by Justices Roggensack and Gableman.
Dissent by Justice Gableman.

Decision in 'Office of Lawyer Regulation v. Frisch' 2010 WI 60

Wisconsin Supreme Court decision Friday in this case (2007AP2638-D) ordering public reprimand.

Opinion Per Curiam.


Milwaukee prosecutor reprimanded in ethics case, by Bruce Vielmetti, Proof and Hearsay

Decision in 'Hocking v. City of Dodgeville' 2010 WI 59

Wisconsin Supreme Court decision Friday in this case (2008AP2812) affirming the Court of Appeals. See Argument.

Opinion by Justice Gableman for a unanimous court.

Decision in 'E-L Enterprises, Inc. v. Milwaukee Metropolitan Sewerage District' 2010 WI 58

Judgment against MMSD reversed: Sewerage district didn't take property, court rules, by Don Behm, Milwaukee Journal Sentinel

Wis. high court throws out damages in sewer case, Appleton Post-Crescent (via WisPolitics)

No takings for damage in groundwater dispute, supreme court holdsm by Joe Forward, State Bar of Wisconsin


Wisconsin Supreme Court decision Friday in this case (2008AP921) reversing the Court of Appeals. See Argument.

Opinion by Justice Ziegler, with Chief Justice Abrahamson, and Justices Crooks, Roggensack, and Gableman.
Concurrence by Justice Bradley.
Dissent by Justice Prosser.

Justices split on Gableman decision

Jack Zemlicka reports in the Wisconsin Law Journal. See Opinion in 'Wisconsin Judicial Commission v. Gableman' 2010 WI 61 and Opinion in 'Wisconsin Judicial Commission v. Gableman' 2010 WI 62.


Update: Deadlocked supreme court issues two separate opinions in Judicial Commission v. Gableman, State Bar of Wisconsin


Justices split on Gableman decision, by Jack Zemlicka, Wisconsin Law Journal


Judicial Discipline – Campaign-Related Misconduct, by the Wisconsin State Public Defender, at On Point


Discord said to hurt high court's image: Deadlock on Gableman case latest example of internal friction, by Jason Stein, Milwaukee Journal Sentinel

Opinion in 'Wisconsin Judicial Commission v. Gableman' 2010 WI 62

Wisconsin Supreme Court Justices Prosser, Roggensack, and Ziegler opinion yesterday in this case (2008AP2458-J). See Argument.

¶64 In order to meet the burden of proof assigned to the Commission by Wis. Stat. § 757.89, at least four justices must conclude that the advertisement by Justice Gableman's campaign committee violated SCR 60.06(3)(c), when SCR 60.06(3)(c) is interpreted and applied consistent with the commands of the First Amendment. The Commission has not met that burden of proof. Accordingly, we anticipate that the Commission, or the Commission and Justice Gableman together, promptly will file a motion to dismiss the complaint against Justice Gableman.

Opinion in 'Wisconsin Judicial Commission v. Gableman' 2010 WI 61

Wisconsin Supreme Court Chief Justice Abrahamson, Justice Bradley, and Justice Crooks opinion yesterday in this case (2008AP2458-J). See Argument.

¶109 ... The Judicial Commission has failed to obtain a majority of justices to reject the recommendation of the Panel. Under these circumstances, the Panel is relieved of any further responsibility in this matter, and we remand the matter to the Judicial Commission with directions to request a jury hearing, in accord with Wis. Stat. §§ 757.87, 757.89, and 805.08.