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In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In a 2010 opinion, the Wisconsin Supreme Court unanimously concluded that lower courts may not dismiss prior published authority as dicta. The court’s reasoning was that by dismissing a statement as dictum, a court necessarily withdraws or modifies the opinion in which it appeared. The authors suggest that this approach is unworkable and that the supreme court can mirror the pragmatic federal approach and return to a middle ground.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Being concise, clear, and conversational are hallmarks of excellent appellate writing. The State Bar of Wisconsin's Appellate Practice Section recognizes outstanding briefs with its biennial brief-writing competition. On Oct. 17, it will celebrate the two winners of the 2024 competition with a reception open to all State Bar members.

A party seeking health insurance coverage for autism-related medical treatment has lost an appeal at the Seventh Circuit Court of Appeals, in Midthun-Hensen v. Group Health Cooperative of South Central Wisconsin.

A county zoning ordinance requiring cellphone towers to be at least one-half mile apart is preempted by state law, the Wisconsin Court of Appeals (District IV) has ruled in Savich v. Columbia County Board of Adjustment.

Despite a low overall tally of opinions, the 2023-24 term was a headliner for democracy-related cases in the Wisconsin Supreme Court, and the justices show no signs of slowing down.

This article reviews seven significant Wisconsin federal court decisions from 2023 and 2024 interpreting Wisconsin law. The decisions touch on a variety of subjects: foreign statutes of limitations, minimum markup rules for gasoline, choice of wrongful death laws, intervening and superseding cause, deceptive trade practices, and false advertising.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

A plaintiff’s failure to honestly and meaningfully address a question of appellate jurisdiction under 28 U.S.C. section 2107 rendered his appeal frivolous, the U.S. Court of Appeals for the Seventh Circuit has ruled..

Whether the right to counsel had attached at a probable cause hearing wasn’t a settled matter of law, meaning an attorney wasn’t deficient when he failed to object to a lineup identification that occurred without counsel present, the Wisconsin Court ofAppeals (District I) has ruled.

The FBI was not required to seek a warrant before obtaining cell phone data on an armed man heading toward the site of civil unrest because of exigent circumstances, the U.S. Court of Appeals for the Seventh Circuit has held in U.S. v. Karmo.

In a case of first impression, the Wisconsin Court of Appeals (District III) has applied the other-acts evidence statute to a sexual assault case.

In 2011, Act 10 stripped away most collective bargaining rights from public sector labor unions, but a new case seeks to have it blocked. Martin Kuhn explores the history of Act 10 and offers insight on what may be next.

A new state appellate procedure rule, Wis. Stat. Rule 809.109, went into effect July 1, 2024.

What are the most common mistakes young lawyers make when taking their case to appellate court? Wisconsin Court of Appeals Judge Thomas Hruz shares tips.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The U.S. Supreme Court issued its final decision this week, totaling 59 opinions for the October 2023 Term. Of those, 25 decisions were decided by a 6-3 or 5-4 majority.

Amicus practice is particularly common in federal Indian law cases. Here are examples that demonstrate some of the more nuanced elements of strategic amicus practice.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Joint custody in Wisconsin has evolved. Karyn Gimbel Youso discusses the history of joint custody, including a recent unpublished case that she believes represents the correct application of current law.

A case currently under review by the Wisconsin Supreme Court begs the question: Can a trial court accidentally find that a parent has waived their right to counsel by simply entering default judgment and uttering the word “egregious?” Jenni Spies Karas Courtney Roelandts discuss _State v. R.A.M._.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

As a first-time attendee of the State Bar Annual Meeting & Conference, I expected to learn useful information about new developments in law. I was not expecting to be moved (and well, to cry) by the final speaker who motivated us to find our inner resilience, or be inspired by the service of the State Bar’s leadership and staff, writes Sarah Ratayczak.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

An interlocutory appeal or an appeal from a final judgment or order is the preferable way to challenge a denial of a request to substitute a judge, the Wisconsin Supreme Court has ruled.

A decision by the Wisconsin Supreme Court in an employment case involving Amazon has renewed a debate among the justices about the wisdom of dismissing petitions as improvidently granted without an explanation.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Have you or a colleague recently written an exceptional appellate brief? Enter the State Bar's Appellate Practice Section competition to recognize outstanding appellate briefs – entries are due Jan. 31, 2024.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The State Bar's Board of Governors recently authorized the Appellate Practice Section to oppose, on its own behalf, a rules petition to the Wisconsin Supreme Court that would make it easier for an appellate court to stay a circuit court decision that it determines it would likely reverse.

The author reviews six significant Wisconsin federal court decisions from 2023 interpreting Wisconsin law. The decisions touch on a variety of subjects: personal jurisdiction, legal causation, bad faith, claim preclusion, contractual liability limitations, and exclusive remedies.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The court issued fewer 4-3 decisions but decided major issues during the 2022-23 term. As the court opens its 2023-24 term in September, we look back at the 45 substantive decisions issued in the 2022-23 term and ask a civil litigator and a former public defender for their insights.

This article discusses recent caselaw developments related to the Wisconsin Fair Dealership Law.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

To give your client the best chance to win on appeal, attorneys must work to ensure that the court record is clear, says Wisconsin Appeals Court Judge Mary Lazar.

During trial, attorneys must focus on making a clear and concise record in the court for success in both trial and appellate courts. Nicholas Watt offers five tips on making an effective record during court proceedings.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Lawyers who handle appellate cases must stay on top of decisions of the higher courts, especially as they apply to their current cases. Analyzing court decisions is a key part of the practice – as is finding the resources that can help their clients' cases. Here's an example and a list of resources to help you stay up to date.

Wesley Webendorfer reflects on preparing for and conducting his first oral argument before the Wisconsin Supreme Court.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The Wisconsin Supreme Court finds most compelling constitutional arguments that consider constitutional text and historical evidence informing how that text was understood when it was adopted. Here is a four-step process for crafting persuasive arguments when advancing claims rooted in the Wisconsin Constitution.

Matt Beier explores the elements of a legal malpractice action and identifies some common mistakes that may be avoided through best practices when representing clients in appeals.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The State Bar of Wisconsin and partners will be hosting a Supreme Court candidate debate on Tuesday, March 21, 2023.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

This article examines how data breaches harm, how courts grapple with them, and how the Supreme Court's decision in Transunion v. Ramirez may shape what harms qualify as "concrete" under Article III.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The Wisconsin Supreme Court has for the first time interpreted a key provision of the 2011 state products liability statute.

Federal court interpretations of Wisconsin law are of persuasive value to, but not binding on, Wisconsin courts. Yet, they affect how Wisconsin law is argued and develops. This article reviews seven Wisconsin federal court decisions from 2022 interpreting Wisconsin law. 95 Wis. Law. 22 (Dec. 2022)

Christopher Krimmer says it seems possible that the analysis in Dobbs v. Jackson Women's Health Organization could be extended to non-abortion-related substantive-due-process rights, such as same-sex marriage, despite some justices' reassurances to the contrary. 95 Wis. Law. 30 (Dec. 2022)

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The Judicial Council has been working for years without funding from the Legislature. It's time for that to change.

Since early 2020, an unusual number of cases have reached the Wisconsin Supreme Court by original-action jurisdiction. Whether this historically uncommon path will remain more popular depends on whether a majority of the court perceives that emergency situations require quick and decisive action.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Decisions on legislative maps, the authority to adopt pandemic control measures, and public records were among the cases decided this term by a 4-3 margin. This article includes insights from a legal historian, as well as a civil litigator and a former public defender, and lists the holding and vote in each case.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Can you agree in advance to pay any award of attorney's fees assessed against your client?

How can attorneys make their appeals be a bit more appealing? Judge Joseph Donald of the Wisconsin Court of Appeals shares tips.

A nontrivial number of attorneys are failing to take the necessary steps to “opt in” to the mandatory court of appeals eFiling system. This issue and others are addressed by the Judicial Council’s Appellate Practice Committee through proposed rules and outreach to the bar.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

When Politico published and reported on a leaked U.S. Supreme Court draft opinion on Roe v. Wade, firestorm of responses ensued. Two appellate practitioners, Jacques Condon and Nicholas Zales, discuss the leak and its implications.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The best briefs undergo a review process that is merciless, say attorneys honored in the Best Briefs Competition by the Appellate Practice Section. Learn more about the winners and their approach to powerful written advocacy.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The State Bar of Wisconsin Appellate Practice Section is hosting a day-long CLE session on Appellate Practice in District I on May 19. Is it for you? Here are the details on this important appellate practice event.

Two recent appeals court decisions draw attention to the presumption of openness in Wisconsin’s public record laws. Nelson W. Phillips details the cases decisions and the decisions.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In its 2020-21 term, the Wisconsin Supreme Court's 31 civil law opinions touched on issues including voting, the 2020 elections, COVID-19 regulations, contracts, taxation, torts, eminent domain, and municipal law. The court's 21 criminal law opinions dealt with issues including the Second, Fourth, and Sixth Amendments, use of evidence at trial, guilty pleas, and chapter 980 commitments. Here is a summary of all supreme court decisions from last term.

This article reviews eight Wisconsin federal court decisions from 2021 interpreting Wisconsin law. The decisions touch on a variety of subjects, including tort law, advertising law, civil procedure, insurance law, contract law, corporate law, and intellectual property.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The Wisconsin Supreme Court recently visited Ozaukee County as part of its “Justice on Wheels” program. Jacques Condon writes about their visit and includes excerpt from the remarks of Chief Justice Annette KingslandZiegler.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

A state appeals court has ruled that a restrictive covenant prohibits Door County landowners from converting their parcel into three, single-family units, concluding that the condominium declaration was an improper land division.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The Fifth Circuit Court of Appeals recently determined the Indian Child Welfare Act to be overall constitutional, although it struck down certain provisions. Bailey Holt provides an overview of the act, and discusses the case and its implications.

Enter the State Bar of Wisconsin Appellate Practice Section's competition to identify and recognize outstanding appellate briefs – entries are due Jan. 31.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The Wisconsin Supreme Court has issued an order with an interim rule on filing appellate court documents. E-filing is mandatory in the court of appeals, starting July 1, but mandatory e-filing to the Wisconsin Supreme Court is delayed.

Sheila Reiff and Marcia Vandercook explain appellate eFiling, which begins July 1 in the Wisconsin Court of Appeals. If you're familiar with circuit court eFiling, you'll find the appellate eFiling system familiar and easy to use.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

From religious freedom and freedom of speech to the Fourth Amendment and eminent domain, the U.S. Supreme Court is expected to release all decisions by next month.

The Wisconsin Supreme Court has concluded that proposed procedures for anticipated redistricting litigation ”are unlikely to materially aid this court’s consideration of an as yet undefined future redistricting challenge.”

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

What’s it like to argue a case before the Seventh Circuit – via Zoom? In October 2020, Milwaukee attorney Nick Zales did just that, and discusses just what it was like to embrace the appellate Zoom experience.

The Wisconsin Supreme Court has unanimously approved Rule Petition 20-07, introducing a comprehensive system of electronic filing for the Wisconsin Court of Appeals and Wisconsin Supreme Court.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

An appellate eFiling petition and rule amendments are now before the Wisconsin Supreme Court for approval. Eric Pearson outlines the petition and proposed changes, where to find more information about the petition, and where to file any comments.

In its 2019-20 term, the Wisconsin Supreme Court issued decisions in 25 civil cases and 20 criminal cases. Although all those decisions are important to Wisconsin law, here is a sampling of 10 notable decisions from last term, some of which were decided pre-COVID-19 and some during the pandemic.

The authors review eight Wisconsin federal court decisions from 2020 interpreting Wisconsin law. The decisions touch on a variety of subjects, including civil procedure, contract law, tort law, consumer law, and trade secrets law.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Voluntary electronic filing is now open in Wisconsin Court of Appeals, District IV. The program, which began in August in District III, is expanding in anticipation of a mandatory program that begins July 1, 2021.

You can improve your chances of persuasion by making your briefs typographically superior. It won’t make your arguments better, but it will ensure that judges grasp and retain your points. Here are best practices and recommendations to help you get ahead.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Voluntary electronic filing is now open in Wisconsin Court of Appeals District II. The program, which began in August in District III, is expanding in anticipation of a mandatory program that begins July 1, 2021.

A state appeals court has rejected a claim that adult court jurisdiction was improper in the case against Morgan Geyser, who participated in the attempted murder of a 12-year-old classmate in 2014 when Geyser was also 12 years old.

Attorneys can now participate in voluntary eFiling pilot program in the Wisconsin Court of Appeals. District III. The program begins in Districts II and I in the coming weeks, in anticipation of a mandatory program starting July 1, 2021.

Advocates familiar with different interpretation approaches – and which jurists favor them – can gain a distinct advantage when crafting their positions.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Meet the champions of the Appellate Practice Section’s third Best Briefs Competition. What did it take to find them? Jacques Condon talks about the winners and the competition.

Good writing and good advocacy go hand in hand, says Ryan Walsh, one of five attorneys honored in the Best Briefs Competition by the Appellate Practice Section. Learn more about the winners and their approach to powerful written advocacy.

The U.S. Supreme Court has now weighed in on sexual-orientation and gender-identity discrimination and protections in Title VII of the Civil Rights Act of 1964. Erin Strohbehn and Max T. Stephenson discuss the recent decision in Bostock v. Clayton County, Georgia.

In this column, Prof. Daniel D. Blinka and Prof. Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The Wisconsin Supreme Court has extended an order impacting appellate court operations and deadlines for appellate cases in Wisconsin.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The estate of a career pipefitter who died from mesothelioma recently lost an appeal on claims that asbestos exposure caused his cancer and the exposure, in the course of his employment, violated the state’s safe place statute.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Have you or a colleague recently written an exceptional appellate brief? Think it could serve as a model for others? Enter the State Bar of Wisconsin Appellate Practice Section's competition to identify and recognize outstanding appellate briefs – entries are due Jan. 30.

This article highlights 10 significant Wisconsin Supreme Court decisions from the 2018-19 term, during which the court issued 56 substantive decisions covering a wide range of subjects.

This article looks at eight significant Wisconsin federal court decisions from 2019 interpreting Wisconsin law on a variety of subjects, including tort, health care, employment law, and more.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Commentary from the Wisconsin Supreme Court in a recent case brings attention to pleading standards in Wisconsin. Sarah Zylstra discusses the recent comments that were issued in a per curiam decision in Cattau v. National Insurance Services of Wisconsin, Inc. “The comments indicate that a plaintiff must plead facts that satisfy each element of a cause of action in order to survive a motion to dismiss,” she writes.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this first part, he sets up the situation, based on the dethroning of 2019 Kentucky Derby first-place finisher, Maximum Security. “As the actual rule – and standard of review – will be front and center,” he writes.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this second part, he explores the nuances of a de novo review. “To understand the concept of ‘de novo’ requires some back-tracking,” he writes.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this third part, he discusses additional standards of review and policy considerations involved in appellate issues and cases. “There are multiple standards, policies, and terminologies to consider,” he writes.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this fourth part, he dissects a few thorny considerations and advises a cautionary approach to review. “Many issues require proceeding with caution in defining the applicable reviewing standard,” he writes.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this fifth part, he contemplates how the intersections of different standards of review may come into play in the case involving the horse disqualified from a first-place finish at the 2019 Kentucky Derby. “Can a decision to disqualify truly be unappealable?” he asks.

In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this sixth and final part, he discusses the appellate review through the courts. “Justice,” he says “takes on the eye of the beholder.”

For many years, Wisconsin's pleading standard for litigation appeared to differ from the federal-court standard, but in 2019 the Wisconsin Supreme Court announced the standards are essentially the same. In Cattau, the court clarified this decades-long misunderstanding.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

A recent Court of Appeals case drove home a point: That choice of law provisions matter. Steve Mroczkowski discusses the case, which also proves the importance of front-end negotiations.

Welcome to Sua Sponte, the blog of the State Bar of Wisconsin Appellate Practice Section. Blog editor Jacques Condon talks about the blog, and what it means for section members.

What’s it like to witness an argument before the U.S. Supreme Court? Shelley Fite takes us to Washington, D.C., where she will watch her husband argue his case before the country’s highest court.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Two recent court decisions have found descriptions of collateral in financing statements to be inadequate because they relied on separate documents that were not on the public record. Emory Ireland discusses these decisions and their implications.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

This article highlights 10 significant Wisconsin Supreme Court decisions from the 2017-2018 term, during which the court issued 59 substantive decisions covering a wide range of subjects.

This article looks at nine significant Wisconsin federal court decisions interpreting Wisconsin law in late 2017 and 2018 on a variety of subjects, including tort, contract, corporate, fair dealership, and insurance law and more.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Lawyers filing appellate briefs should be aware that the Wisconsin Court of Appeals computer system is reordering the record, making the record identifications in the clerk of circuit court's certification incorrect. Sarah Zylstra discusses how to find the listing of the record as reordered by the court of appeals.

During the 2017-18 term, the Wisconsin Supreme Court overruled its own precedent three times. That's more than in any other recent term, and it raises questions: Is the uptick an anomaly or part of a trend? And what does it say about stare decisis in Wisconsin? Clues to the answers may lie in the recent past.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Writing an appellate brief requires attention not only to details of the case, but to very specific formatting requirements. A new web application from the State Bar of Wisconsin Appellate Practice Section allows lawyers and pro se litigants to generate correctly formatted briefs.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Filing an appeal to the Seventh Circuit is challenging, even for experienced attorneys. Avoid missteps by heeding these appellate practice tips.

Learn tips from the winners of the Appellate Practice Section's second "Best Briefs" competition. Congratulations to the winners – and consider joining in the celebration on June 29 in Milwaukee.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Prof. Daniel D. Blinka and Prof. Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals.

The Sixth Circuit Court of Appeals recently became the first federal appellate court to recognize that discrimination in employment of a transgender employee is sex discrimination under Title VII of the Civil Rights Act of 1964. Katherin Charlton discusses the decision and its possible impact in Wisconsin.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Diane Wood, chief judge of Seventh Circuit Court of Appeals, has a lot on her plate. In this Q&A, a primer to her upcoming discussion at State Bar of Wisconsin's Annual Meeting and Conference in June, learn why Chief Judge Wood is busier than ever.

The Wisconsin Appeals Court has ruled that an estate’s personal representative could not file an appeal notice challenging foreclosure confirmation on because the representative was not an attorney licensed to practice law.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

This article highlights 10 significant Wisconsin Supreme Court decisions from the 2016-2017 term, during which the court issued 50 decisions covering a wide range of subjects.

This article looks at 10 significant Wisconsin federal court decisions interpreting Wisconsin law in 2017 on a variety of subjects including tort, corporate, fair dealership, insurance law, and more.

The Seventh Circuit's decision to re-interpret Title VII challenges traditional approaches to statutory interpretation that should put Seventh Circuit litigants on notice of future uncertainty.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The Wisconsin Judicial Council petitioned the court to amend certain sections of Wis. Stat. ch. 809 to clarify the current rules of appellate procedure relating to the size, number, and timing of briefs in multiparty cases.

Have you or a colleague recently written an exceptional appellate brief? Think it could serve as a model for others? Enter the State Bar of Wisconsin Appellate Practice Section’s competition to identify and recognize outstanding appellate briefs – entries are due Dec. 31.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Judicial preferences may vary, but here are three common dos (and don’ts) for any courtroom.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

A state appeals court has ruled that plaintiff entities and individuals lack standing to challenge city resolutions concerning Tax Incremental Financing (TIF) districts through declaratory action, but may do so by way of certiorari review.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Writing is a skill that you can always continue to sharpen. Marquette University law professor Melissa Greipp shares drafting techniques and practical editing tips to take your brief writing to the next level.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Seek counsel to expertly navigate an appeal – from filing a notice of appeal to petitioning for supreme court review – from the latest edition of Appellate Practice and Procedure in Wisconsin.

The Wisconsin Federal Nominating Commission, charged with making recommendations for vacancies in federal judgeships and U.S. attorney positions, is accepting applications for vacancies on the 7th Circuit Court of Appeals.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The winners of the first-ever Appellate Practice Section Best Briefs Competition represent a diverse range of areas and practices. Learn more about these winning briefs – and about the characteristics they share in common.

The Judicial Conference Advisory Committees on Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure have proposed amendments to respective rules and forms and is requesting comments from the bench and bar.

The article highlights nine significant Wisconsin Supreme Court decisions from the 2015-2016 term, during which the court issued more than 40 decisions covering a wide range of subjects.

This article looks at nine significant Wisconsin federal court decisions interpreting Wisconsin law in 2015-2016, encompassing common-law claims and statutory interpretations.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Aug. 26, 2016 – A man who pleaded guilty to selling a large amount of methamphetamine with his girlfriend in northwestern Wisconsin recently lost his federal appeal, despite his argument that the judge improperly calculated the quantity he sold.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

After his conviction, a court granted Todd Tobatto a new trial because his lawyer did not request removal of a particular juror during voir dire. A state appeals court recently reversed, concluding the juror did not show subjective bias.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Have you or a colleague written an exceptional appellate brief in the past year? Think it could serve as a model for others? Enter the State Bar of Wisconsin Appellate Practice Section’s first-ever competition to identify and recognize outstanding appellate briefs.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Jan. 20, 2016 – The Appellate Practice Section’s new pro bono Appellate Help Desk fielded 70 requests in its first weeks of operation, providing help to pro se litigants with civil cases in the Wisconsin Court of Appeals. Here’s how you can get involved.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The article highlights nine significant Wisconsin Supreme Court decisions from the 2014-2015 term, during which the court issued 53 decisions covering a wide range of subjects.

The article looks at eight significant Wisconsin federal court decisions interpreting Wisconsin law in 2014-2015, encompassing common-law claims and statutory interpretations.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Aug. 19, 2015 – Despite the prevalence of electronic video and audio recordings in cases before Wisconsin’s appellate courts, the current rules of appellate procedure do not explicitly address how or even whether parties may include copies of such recordings in the appendices of their appellate briefs.

July 15, 2015 – Richard Brown, chief judge for the Wisconsin Court of Appeals, retires on August 1 as one of the longest serving judges in Wisconsin history. In this article, Judge Brown explains how he got there, why he stayed, and what he hopes to leave behind.

July 1, 2015 – Effective today, appellate briefs may not identify crime victims by name in certain types of cases. In this article, Wisconsin Judicial Council staff attorney April Southwick explains the rule and what lawyers must do to comply with it.

Federal judges advise scrapping the canons of construction when interpreting statutes. Eric Pearson explains why.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

May 20, 2015 – For anyone who needs a refresher on how a case gets to the Wisconsin Supreme Court, the author provides a primer on petitions for review and bypass, certification, and original jurisdiction in this state’s highest court.

May 20, 2015 – Effective July 1, 2015, a new supreme court rule seeks to better protect the privacy and dignity interests of crime victims, and requires the use of identifiers in the place of the victims’ names.

May 6, 2015 – You may have the Wisconsin Legislative Reference Bureau’s most recently printed Wisconsin statutes, but are you sure you’ve got the current Wisconsin Rules of Appellate Procedure? The statutes are reprinted every two years, but the rules can (and do) change faster than that. Updated in 2015, the Wisconsin Rules of Appellate Procedure – a codebook (print or e-book) from State Bar of Wisconsin PINNACLE® – ensures you apply the latest version of the rules to your practice.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Prof. Daniel Blinka and Prof. Thomas Hammer summarize all decisions of the Wisconsin Supreme Court (except those involving lawyer or judicial discipline).

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

The article highlights nine significant Wisconsin Supreme Court decisions from the 2013-14 term, during which the court issued more than 50 substantive decisions.

The article looks at 10 significant Wisconsin federal court decisions interpreting Wisconsin law in 2014, encompassing common-law claims and statutory interpretations.

Kimberly Alderman explains the types of situations in which a court of appeals is more likely to review a trial court’s nonfinal order or decision.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Nov. 19, 2014 – Winning on appeal takes more than hard work and good intentions. It requires knowing the big picture, and the tricky little details. You need to know what the appellate court will consider, and how to get the relevant record before them, the standard of review, and the color of your brief’s cover page. All this information, the subtle and the sublime, can be found in PINNACLE’s Attorney’s Guide to the Seventh Circuit Court of Appeals, newly supplemented for 2014.

Aug. 6, 2014 – In this video, Chief Judge Richard S. Brown, Wisconsin Court of Appeals, Waukesha, talks about the importance of looking at as many cases as possible when presenting a case to the court of appeals. According to Brown, showing the differences between what the courts are doing will help the court decide what the law is.

July 16, 2014 – In this video, Wisconsin Court of Appeals judges Joan F. Kessler, Milwaukee, and Gary E. Sherman, Madison, offer appellate brief writing tips lawyers can use to effectively make their case to the court of appeals.

July 16, 2014 – Originally recorded atthe2014 Litigation, Dispute Resolution & Appellate Practice Institutein May, these sessions offer you the chance to watch replays of Institute presentations.

Kimberly Alderman explains why the answer to that question generally is no.

Wisconsin lawyers have more in common than their work with clients and ability to compose legal briefs, many also possess a desire to give back and help grow and cultivate the legal profession.

The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.

March 19, 2014 – Before taking your case to the Wisconsin Court of Appeals or Supreme Court, get it in order with State Bar of Wisconsin PINNACLE’s Appellate Practice and Procedure in Wisconsin.

March 5, 2014 – Legal Writer Joe Forward recently interviewed Seventh Circuit Appeals Court Judges Diane Sykes and David Hamilton, who are prepping for a co-presentation at the State Bar of Wisconsin’s 2014 Annual Meeting and Conference, June 26-27, in Lake Geneva.

March 5, 2014 – Find the experience and topics you need to hone your skills and advance your career at the State Bar of Wisconsin PINNACLE® 2014 Litigation, Dispute Resolution, and Appellate Practice Institute on May 22 and 23.

Kimberly Alderman and Chelsey Dahm explain how you can shave time off the appeals process for qualified cases using Wis. Stat. section 809.17.

Jan. 15, 2014 – A proposed bill allows nonfinal circuit and appeals court orders halting statewide enforcement of state statutes to be reviewed immediately as a matter of right. This article explores the potential “separation of power” issues with that proposal.

The article looks at eight significant Wisconsin federal court decisions interpreting Wisconsin law in 2013, encompassing common-law claims and statutory interpretations.

The article highlights nine significant Wisconsin Supreme Court decisions from the 2012-13 terms, during which the court issued more than 40 substantive decisions.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Oct. 2, 2013 – You may know your case inside and out, but do you know everything about handling an appeal in federal court? Odds are your questions will be answered in the State Bar of Wisconsin PINNACLE® Attorney’s Guide to the Seventh Circuit Court of Appeals, newly revised for 2013.

Aug. 21, 2013 – Tune in to special encore webcast CLE/EPR programs from the spring 2013 State Bar of Wisconsin PINNACLE® Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law institutes in August and September. Earn up to 19 CLE credits and 3 EPR credits. Institute attendees can view these webcasts at no additional charge.

Three names have been submitted to President Obama for the position of U.S. District Judge for the Western District of Wisconsin. U.S. Senators Johnson and Baldwin have made their recommendations following the work of the Federal Nominating Commission.

July 26, 2013 – In Showers Appraisals LLC v. Musson Bros. Inc., the Wisconsin Supreme Court reversed the Court of Appeals in a case involving a claim of immunity by a governmental contractor.

Noting that “the time has come for this litigation to end,” a state appeals court recently ended litigation that was ongoing for more than 20 years while examining the appealability of postjudgment orders aiding execution of judgments.

May 20, 2013 – Nationally recognized government scholar Charles Franklin drew a large audience when he presented “Divided Wisconsin: What Unites and Divides the Citizens of the State?” last week at the State Bar PINNACLE Institute.

May 17, 2013 – Renowned civil rights attorney Morris Dees reminds lawyers they hold the key to the gates of justice, and everyone deserves a seat at the table. Dees spoke yesterday to attendees at the State Bar of Wisconsin PINNACLE® Litigation, Dispute Resolution, and Appellate Practice Institute, which concludes today.

March 20, 2013 – Morris Dees, who has litigated against the most powerful hate groups in America as the Southern Poverty Law Center’s chief trial counsel, is a featured speaker at the upcoming Litigation, Dispute Resolution, and Appellate Practice Institute.

​Feb. 6, 2013 – If you're appealing a case to either the Wisconsin Court of Appeals or the Wisconsin Supreme Court, you need the State Bar of Wisconsin PINNACLE® best-selling reference – Appellate Practice and Procedure in Wisconsin.

Dec. 19, 2012 – Twenty-six sessions from the State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice, Real Estate & Business Law, and Health, Labor & Employment Law institutes will be available as webcast seminars in January. Institute webcasts are free for institute attendees and are included in the cost of the Ultimate Pass.

The article looks at nine significant Wisconsin federal court decisions interpreting Wisconsin law in 2011-12, encompassing common-law claims and statutory interpretations.

The article highlights 12 significant decisions issued by the Wisconsin Supreme Court during its 2011-12 term.

Oct. 3, 2012 – State Bar of Wisconsin PINNACLE has updated its Wisconsin Guide to Citation – a companion guide to The Bluebook, designed for attorneys citing Wisconsin-specific sources. The newly released seventh edition of the Guide has been revised to reflect the latest changes in the 19th edition of The Bluebook: A Uniform System of Citation, which makes it a perfect – and necessary – companion to The Bluebook.

Aug. 15, 2012 – Seventeen sessions from State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law June institutes are now available as webcast seminars. More sessions will be announced as they become available.

Aug. 15, 2012 – Seventeen sessions from State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law June institutes are now available as webcast seminars. More sessions will be announced as they become available.

July 2, 2012 – Lee Cain, charged with growing multiple marijuana plants in his home, admitted to growing four at his plea hearing. He said five at his sentencing hearing.

June 12, 2012 – William Ginsberg, who represented Monica Lewinsky in the Clinton-Lewinsky scandal and has tried more than 250 cases in 21 states, says lawyers play a crucial role in preserving the nation's democracy and must help fight to preserve it.

May 16, 2012 – A state rule of appellate procedure that allows attorneys to cite unpublished Wisconsin Court of Appeals opinions as persuasive authority will not change. This article highlights the amended rule and the final report of a committee that assessed its initial impact.

May 2, 2012 – You may know your case inside and out, but do you know everything about handling an appeal in federal court? Odds are your questions will be answered in the State Bar of Wisconsin PINNACLE^® Attorney’s Guide to the Seventh Circuit Court of Appeals, newly supplemented for 2012. This mainstay of Wisconsin appellate litigation takes you through the appellate process from start to finish, providing you all you need to present your case fully, clearly, and effectively.

May 2, 2012 – The Appellate Practice Section has created an Appellate Brief Filing Checklist outlining requirements to help lawyers during the brief-writing process.

April 18, 2012 – Local mediation guru Howard Bellman, with more than 45 years of experience, and practice management advisor Jim Calloway are just two of the many speakers slated for the Litigation, Dispute Resolution, and Appellate Practice Institute.

March 21, 2012 – The State Bar of Wisconsin PINNACLE^® Litigation, Dispute Resolution & Appellate Practice Institute and the Real Estate and Business Law Institute plenary speakers address the importance of jury trials, how information technology continues to change the practice of law, and understanding what clients are experiencing in today's business environment. Both institutes are in Wisconsin Dells at the Chula Vista.

March 13, 2012 – Defendant Jeffrey Sutton wasn't aware of all his rights when he waived a jury trial on an alleged misdemeanor retail theft charge. An appeals court foreclosed a challenge to the waiver. But recently, the Wisconsin Supreme Court reversed.

March 12, 2012 – The federal government's failure to preserve issues in the Dane County Circuit Court means it can't appeal those issues now, the Wisconsin Supreme Court has ruled.

Feb. 15, 2012 – If an attorney delivers a document to a circuit court clerk after business hours on one day, must the clerk deem the document filed on the next business day? Should the court of appeals allow an attorney to explain before sanctioning him or her for filing a brief with a deficient appendix?

Feb. 14, 2012 – Wisconsin statute does not grant circuit courts authority to reduce a probation period, the Wisconsin Supreme Court has ruled. However, the supreme court did not resolve whether circuit courts have inherent authority to do so, leaving that possibility open.

Feb. 2, 2012 – A defendant who used a peremptory strike during jury selection to remove the circuit court judge's daughter-in-law from the jury pool won't get a new trial, the Wisconsin Supreme Court recently concluded.

Nov. 10, 2011 – In Wisconsin, the "forfeiture rule" prevents parties from raising new legal arguments on appeal that were not raised at the circuit court level. Application of the rule is no different for self-represented (pro se) litigants, a state appeals court recently explained.

Nov. 3, 2011 – A criminal defendant convicted for sexually assaulting his stepdaughter won’t get a new trial despite his trial lawyer's missteps, the Wisconsin Supreme Court has concluded.

The author highlights 10 significant decisions issued by the Wisconsin Supreme Court during its 2010-11 term.

Federal court interpretations of Wisconsin law are of persuasive value to, but not binding on, Wisconsin courts, yet, they affect how Wisconsin law develops and is argued. Here is a look at eight significant Wisconsin federal court decisions interpreting Wisconsin law in 2010 and 2011, encompassing common law claims and statutory interpretations.

Nov. 1, 2011 – The Wisconsin Supreme Court suggested that state appeals court judges order show cause hearings before imposing fines against attorneys for a perceived failure to comply with rules governing appendix content and certification, in an opinion released today.

Oct. 26, 2011 – A Wisconsin Supreme Court case that requires a sentencing court to consider sentencing guidelines and make a record of that consideration does not apply as a basis for resentencing where no guidelines exist for the crime.

Oct. 18, 2011 – A Wisconsin appeals court recently clarified a circuit court's authority to order a DNA surcharge against criminal defendants who have not previously submitted one.

Oct. 7, 2011 – The Wisconsin Supreme Court heard oral arguments yesterday on whether an appeals court sanction against an attorney violated due process of law. The underlying issue pits lawyers against the state’s appeals court judges.

Oct. 4, 2011 – Brian Avery, convicted on armed robbery charges in the 1990s and sentenced to 30 years in prison, will get a new trial thanks to digital imaging technology not available at the time of his trial, a Wisconsin appeals court has ruled.

Sept. 28, 2011 – Surrounded by family and friends, 106 lawyers were admitted to practice in Wisconsin earlier today.

Sept. 23, 2011 – A woman claiming wrongful termination of her rental housing subsidy asked the circuit court, on judicial review of the housing authority's decision, to reinstate and restore the subsidies. But an appeals court clarified that a court on certiorari review cannot order the relief requested.

Sept. 15, 2011 – A hearing impaired juror could not hear parts of video testimony played in court during trial, but heard other testimony sufficient to bar a new trial, a Wisconsin appeals court recently ruled.

Sept. 8, 2011 – A losing bidder that did not appeal to stop a Wisconsin agency from entering into contracts with winning bidders lost its opportunity to challenge the bidding process.

Aug. 31, 2011 – The District I Wisconsin Court of Appeals used its power of discretionary reversal to grant a new trial to Kenneth Davis, convicted and sentenced to 60 years in prison for felony murder.

July 25, 2011 – About a year ago, the Wisconsin Supreme Court ruled 4-3 that a circuit court did not have authority to grant a new trial to a criminal defendant, convicted in 2000 for sexually assaulting a female freshman at the University of Wisconsin-Whitewater.

July 21, 2011 – A jury convicted David Funk for sexually assaulting a child. After trial, he learned one of the jurors was sexually assaulted as a child, and moved for a new trial. But the Wisconsin Supreme Court, in a 4-3 decision, ruled that Funk won’t get one.

June 3, 2011 – The Wisconsin Supreme Court will hear oral argument June 6 on issues stemming from Gov. Scott Walker’s controversial Budget Repair Bill (2011 Wisconsin Act 10), which was originally halted in March when Dane County Circuit Court Judge Maryann Sumi issued a temporary restraining order enjoining its publication.

April 26, 2011 – Despite the defendant's argument that his case was not fully tried, a defendant convicted of sexually assaulting his 14-year-old niece won’t get a new trial, the Wisconsin Supreme Court recently concluded.

April 6, 2011 – American victims of a 1997 terrorist attack in Israel recently lost an early appeals battle to satisfy a $71.5 million judgment obtained against the Islamic Republic of Iran.

March 3, 2011 – A party may not appeal non-final orders without seeking leave to appeal. Recently, a Wisconsin court of appeals clarified what happens when a party seeks to "piggyback" a non-final order against a party not named in a notice of appeal.

Jan. 7, 2011 – In a case that has potential for U.S. Supreme Court review, the Wisconsin Supreme Court may decide whether sentencing children 14-and-under to life in prison with no possibility of parole is cruel and unusual under the Eighth Amendment.

Oct. 21, 2010 – Incriminating evidence derived from counseling sessions in which a probationer admitted past crimes involving sexual contact with children were inadmissible in determining the probationer's sentence after probation revocation.

Oct. 20, 2010 – State Bar of Wisconsin PINNACLE™ codebooks put relevant law at your fingertips, in your briefcase, or at your desk. Each codebook contains the critical statutes, regulations, and other materials for specific areas of law, in easily managed paperbound volumes. Discounted member prices range from $4.50 to $23.75.

The author highlights 13 significant decisions issued by the Wisconsin Supreme Court during its 2009-10 term. Several of the decisions hinged on perceptions of whether certain evidence is in the record, and several cases involved legislative attempts to respond to the state’s fiscal crisis by moving or reducing statutory compensation funds.

Federal court interpretations of Wisconsin law are of persuasive value to, but not binding on, Wisconsin courts. Yet, they affect how Wisconsin law develops and is argued. Here is a look at seven significant Wisconsin federal court decisions interpreting Wisconsin law in 2009 and 2010, encompassing common law claims and statutory interpretations.

Aug. 27, 2010 – A Wisconsin appeals court ended a long-running dispute between the Village of East Troy (Village) and the Lake Beulah Management District (District) by ruling that the District did not have authority to enact an ordinance restricting the transfer of groundwater.

Aug. 24, 2010 – A former Jesuit priest, convicted in 2005 for indecent behavior with children in the 1960s, failed in his constitutional challenge to Wisconsin’s statute of limitations.

Aug. 20, 2010 – The circuit court did not have authority to grant a new trial to a criminal defendant, convicted in 2000 for sexually assaulting a female freshman at the University of Wisconsin-Whitewater, the Wisconsin Supreme Court recently held.

Aug. 12, 2010 – A defendant is barred from raising issues in a subsequent post-conviction motion if the defendant did not previously raise those issues in response to his post-conviction attorney’s no-merit report, the Wisconsin Supreme Court recently held.

Aug. 10, 2010 – Noting the issue as "important" and "unresolved," the supreme court in Estate of Parker v. Beverly Enterprises, Inc., 2010 WI 71, unanimously rejected the argument that it lacks jurisdiction to review orders compelling arbitration.

July 30, 2010 – The Wisconsin Supreme Court ruled 4-3 in Blum v. 1st Auto & Casualty Insurance Co., 2010 WI 78 (July 14, 2010) that appeals court decisions that are subsequently overruled lose all precedential value, unless expressly stated otherwise.

April 14, 2010 - The “family exclusion clause” of a homeowner’s insurance policy precludes coverage of wrongful death and survivorship damages where half the damages would ultimately accrue to an insured person through intestacy, the court of appeals held yesterday.

April 8, 2010 – Plaintiff’s unsuccessful attempts to serve process on the defendant reached the required standard of “reasonable diligence” to allow service by newspaper publication, the Wisconsin Court of Appeals held yesterday.

March 31, 2010 – Read interviews with the four Court of Appeals candidates for Districts II, Waukesha County Circuit Court Judges Paul F. Reilly and Linda Van De Water, and IV, Richland County Circuit Court Judge Edward E. Leineweber and Dane County District Attorney Brian W. Blanchard.

April 1, 2010 – The court of appeals reversed the circuit court on whether a company illegally refused to rehire an employee after a work-related injury. The circuit court affirmed the Labor and Industry Review Commission (LIRC) decision that the employer failed to show “reasonable cause” for its refusal to rehire. The court of appeals found that the LIRC relied on an incorrect interpretation of the reasonable cause standard.

March 30, 2010 – The Wisconsin Court of Appeals found that the representations a motor vehicle dealer made about a highly-modified motorcycle may violate the Wisconsin Deceptive Trade Practices Act. When the purchaser began experiencing problems with the motorcycle, the dealer would not stand behind the warranty.

March 11, 2010 – The Wisconsin Court of Appeals, in State v. Barfell, No. 2009AP1568-CR (March 10, 2010), affirmed the Wisconsin rule that procedural statutes are to be applied retroactively in a case involving a sentencing appeal.

Feb. 17, 2010 – Are unpublished opinions citable? Is electronic filing allowed in the appellate courts? If you answered "no" to either of those questions, you need the 2010 supplement to Appellate Practice and Procedure in Wisconsin, written by Madison attorney Michael S. Heffernan and published by State Bar CLE. As Heffernan notes, as of July 1, 2009, unpublished opinions may be cited in many situations, and documents may – and even must – be filed electronically in many others.

Jan. 4, 2010 – The Wisconsin Court of Appeals reminds judges and litigants of the need to include an explicit statement indicating that an order or judgment is final for purposes of appeal. If an order is ambiguous without that statement, the court will resolve it in favor of preserving the appeal.

The Wisconsin Court of Appeals is a unified court, meaning that published opinions of the courts of appeal are binding on all four districts; yet conflicts sometimes exist. Learn how to determine which decision is controlling when two decisions are factually analogous but reach different legal conclusions.

The new amendments to the Wisconsin Rules of Civil Procedure recognize the significance of electronically stored information in the discovery process. These amendments, which are effective, encourage early participation by the court and the parties in addressing discovery issues pertaining to electronically stored information, including agreements regarding the form of production and the accompanying costs.

The authors highlight what they believe are the most significant decisions issued by the Wisconsin Supreme Court during its 2008-09 term.

Statutory changes to appellate procedure take effect on Nov. 1, 2009. Available only on www.wisbar.org/wislawmag.

Federal court interpretations of Wisconsin law are persuasive, but not binding on Wisconsin courts. Yet they affect how Wisconsin law develops and is argued. Here is a look at some significant Wisconsin federal court decisions interpreting Wisconsin law since 2007, encompassing common law claims, statutory interpretations, and a criminal case considering Wisconsin law under federal habeas corpus jurisdiction.

July 13, 2009 – Attorney General J.B. Van Hollen issued a formal opinion today concluding that Wisconsin attorneys who have had their law licenses suspended or revoked for any reason are not statutorily entitled to permanent notary public commissions.

July 7, 2009 – The Wisconsin Supreme Court held that the time to file a wrongful death action arising from medical malpractice is within three years of the negligent treatment, not of the patient’s death. Dissenters argued this diminishes death as a necessary precondition.

July 1, 2009 – Some circuit court filing fees across Wisconsin have increased effective July 1 as part of the new budget drafted by the Legislature and approved by the governor. A schedule of the fees is publicly available from the courts system.

June 23, 2009 – The Wisconsin Supreme Court requires an explicit statement in a circuit court order declaring that it has either dismissed or adjudicated an entire matter before a party can appeal it. This rule extends to orders addressing attorney fees, statutory damages, and costs.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

On Jan. 1, 2009, new rules took effect clarifying what must be contained in petitions for review, cross-petitions, and responses. In adopting the Judicial Council’s proposed changes, the Wisconsin Supreme Court amended the Rules of Appellate Procedure in several significant ways. 

Jan. 23, 2009 – Former State Bar President Steve Levine has filed a petition asking the supreme court to review an arbitrator’s decision concerning costs associated with the State Bar of Wisconsin’s attorney public image campaign. The arbitrator determined that those costs were properly treated when the State Bar established fiscal year 2009 dues.

Jan 23, 2009 – The State Bar’s Alternate Dispute Resolution Section requests authorization to file a non-party brief as amicus curiae in the case of West Central Education Association and School District of Baldwin-Woodville, pending before the Wisconsin Supreme Court. At issue is whether a grievance was timely filed under the terms of a collective bargaining agreement that was specifically put before the arbitrator for his determination.

For many years, Daniel W. Hildebrand contributed to Wisconsin legal literature by annually describing those Wisconsin appellate decisions that he viewed to be most significant. Attorney Hildebrand passed away in late 2007; these authors, both former supreme court clerks, are attempting to pick up the Hildebrand torch.

On Oct. 5, the Wisconsin Supreme Court will hold public hearings on proposed amendments regarding appellate procedure and judicial continuing education.

In his annual feature, the author highlights what he believes are the most significant Wisconsin Supreme Court and Court of Appeals decisions from 2006.

Space does not permit a more complete discussion, but the holdings of these other informative cases are summarized below.

A well-written amicus curiae brief is a valuable aid to a court presented with issues that are novel, technical, or complex or that will have far-reaching effect. The authors examine the role of the amicus and what, from the perspective of Wisconsin appellate courts, makes an amicus brief “good.”

Lessons from recent DNA exoneration cases suggest that although false confession-based wrongful convictions often begin with police interrogation, they involve a breakdown of the entire justice system. This article presents an overview of research conducted by the Wisconsin Criminal Justice Study Commission about the causes of false confessions and possible ways to prevent false confession-based wrongful convictions.

Reconfinement hearings in Wisconsin are relatively new, and recent months have seen a shift in the law toward making the hearings more than a mere formality. Because of the importance of the hearings, the duties of the reconfinement courts and defense counsel have increased and both have an obligation to review the original sentencing before the reconfinement hearing.

On Dec. 1, 2006, amendments to the federal rules took effect, making electronic information explicitly subject to discovery and providing mechanisms to address difficulties posed by electronic discovery. Can amendments to state rules be far behind?

It takes a lot of hands to work the mission of the State Bar of Wisconsin.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

Missteps that can occur throughout the life of a lawsuit may serve to waive an issue and thus doom an appeal. Here's an overview of - the top 10 waiver missteps.

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions from 2005.

Attorneys need to understand in what form and when a party aggrieved by an adverse municipal court judgment may appeal for circuit court review, because severe consequences can flow from decisions made and strategies used at the outset of a client's municipal court case.

Wisconsin's counterclaim statute says counterclaims may be brought, but the supreme court in A.B.C.G. said counterclaims must be brought for certain claims. A rule change to clarify when a counterclaim is compulsory would help litigants avoid the soup of uncertainty.

In his annual feature, the author highlights significant Wisconsin Supreme Court and Court of Appeals decisions from 2004.

You are a young solo practitioner, and the district court has just ruled against your client. You must now take the case to the Seventh Circuit Court of Appeals. This is your first federal appeal, and the task is daunting. How long do you have to file your notice of appeal? How do you determine what will become part of the record? How long can your brief be, and what color cover must it have? What about motions: How are they filed and decided? Are the procedures the same in federal court as they are in

State Bar CLE Books has released a new supplement to one of its most popular treatises, Appellate Practice and Procedure in Wisconsin.

At its Nov. 14 meeting, the Board of Governors, after considerable debate, voted 25-15 to support legislation proposing a constitutional amendment to permit, under certain circumstances, a court of appeals judge chosen by lot to serve temporarily on the supreme court.

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

The introduction of an intermediate appellate court in 1978 dramatically restructured Wisconsin's court system. Read how in this article that commemorates the Wisconsin Court of Appeals' 25th anniversary in 2003.

The introduction of an intermediate appellate court in 1978 dramatically restructured Wisconsin's court system. Read how in this article that commemorates the Wisconsin Court of Appeals' 25th anniversary in 2003.

In 1978 it was anticipated that each judge would hear 100 cases per year. That figure has now doubled. Appellate judges have less time available to consider each case and must rely on the lawyers - and the organization and quality of their presentations - more than ever before.

1) Know your audience. Court of appeals judges are very busy people, with only limited time to devote to reading your brief; they need information; they need direction; they appreciate conciseness, courtesy, and honesty. And they are attracted to thoughtful, graceful writing.

The brief is the appellate lawyer's most important tool, because it is the one time when the attention of each deciding judge is independently focused on the lawyer's position in the case. A former appellate judge explains why it is critical that brief writers respect the judges' limited time, and provides tips on how to get - and keep - their attention and interest in your position.

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2001.

The Wisconsin Supreme Court will hold a public hearing to consider petitions to amend Wis. Stat. section 801.16(2) governing the filing of pleadings and other papers by fax and to amend Wis. Stat. sections 801.58(7) and 808.08 and of the Internal Operating Procedures of the Supreme Court and Court of Appeals to require an appellate court remanding a case to a lower court to state whether the parties have a right to request a substitution of judge.

In Blumer v. Department of Health and Family Services, the Court of Appeals rejected the "income first" rule for calculating the Community Spouse Resource Allowance (CSRA) in Medical Assistance cases.

The U.S. Court of Appeals for the Seventh Circuit seeks comments on Circuit Rule 26.1 and Circuit Rule 35. Rule 26.1 extends the requirement of the Federal Rules of Appellate Procedure 26.1 to cover noncorporate parties. Rule 35 is amended to reflect the changes in Circuit Rule 26.1 as applied to petitions for rehearing.

Wisconsin’s State Public Defender office, backed by state prosecutors, successfully attacked a state appeals court decision that required court permission before citing presentence investigation reports (PSI) in appellate briefs.