LAMAR CENTRAL OUTDOOR, LLC v. CITY OF WAUSAU
HELEN F. LOSEE v. MARINE BANK
General Case Summaries
SECURITIES
Churning; unsuitability. An elderly widow lost a considerable portion of her life savings in a stock account handled by the broker on a discretionary basis. A Complaint was filed with the NASD, alleging churning in the account, unsuitability of the investments, and a failure of supervision by the broker-dealer. Outcome: the case was settled, before trial, for over $100,000.
Fraud. A prominent Milwaukee broker persuaded various investors around the state to invest in two companies by misrepresenting the success and prospects of the companies. For example, with respect to a biotech company, he advised customers that he had inside knowledge that the company had developed a cure for AIDS. We commenced multiple actions, both in court and in arbitration. Because the broker was a major producer for the firm, and because a number of cases were involved, the broker-dealer defended vigorously. Outcome: The broker was dismissed by the broker-dealer, and we recovered in excess of a half million dollars for our clients, through settlements and arbitration awards.
Failure to diversify; unsuitability. Husband and wife relied on a broker who proceeded to over-concentrate their investments in the technology sector, including in unsuitably risky stocks. When the market for technology stocks declined, the couple lost considerable money which would not have been lost if the account had been properly managed. A Statement of Claims was filed with the NASD, an arbitration panel was appointed, and discovery (the exchange of documents) was conducted. Outcome: Prior to trial, the case settled for over $97,000.
_____________________________________________________________
LAWYER DISCIPLINE
Failure to hold money in trust; conflict of interest. Attorney handling proceeds from the sale of property was accused of failure to hold the funds in trust and a conflict of interest. The OLR sought a 60-day suspension. Case was tried to a referee. Outcome: case dismissed, no sanction.
Bar application. Law school graduate’s application for admission to the Wisconsin bar was rejected by the Board of Bar Examiners due to pre-law school financial and legal difficulties. Briefs were filed on behalf of client and favorable references assembled. Outcome: BBE reversed itself and admitted the applicant to practice.
Excessive fees; dishonesty; responsibility for performance of an investigator. The Office of Lawyer Regulation undertook an investigation of attorney accused by clients of charging excessive fees; failing to properly monitor the actions of, and control the expenses by, an investigator; and being dishonest the fee arrangement and the likely total of fees to be charged. We provided several lengthy analysis letters to the OLR. Outcome: case dropped; no hearing, no sanction.
_____________________________________________________________
FAMILY LAW
Maintenance. Successfully argued before the Wisconsin Supreme Court enforcement of divorcing parties’ agreement not to modify maintenance payments, when the former wife sought an increase in support. In re the Marriage of Nichols, 162 Wis. 2d 96 (1991). Case is cited as prominent authority today.
Relocation. Prevailed over father’s objections in relocation case where mother sought to move with two minor daughters to Nashville. Convinced the court the children’s best interests lay in moving with their mother, even though they would be geographically distanced from their father in Milwaukee.
Acquisition of Enhanced Earnings. Successfully represented husband before the Waukesha County Circuit Court and Court of Appeals in his claim for compensation for the wife’s acquisition of advanced educational degrees during the marriage. Husband awarded money for the value of the wife’s degrees obtained during the marriage; wife was assigned her student loans as non-marital property; court imputed six figure income to the wife, based upon the advanced degrees, which negated any child support the husband would owe her. In re the Marriage of Weiler v. Boerner, 280 Wis. 2d 519 (Ct. App. 2005).
Criminal Law Case Summaries
The names of the clients are not included out of respect for their privacy.
Case Name: State v. S.
Factual Summary:
Defendant was charged with firing a sawed off shotgun at the victim from point blank range. The victim was shot in the leg and crippled. The issue in the case was identification. A close reading of the discovery suggested the existence of more police reports. A motion to produce resulted in the disclosure of several confidential informants and identification procedures, some of which excluded the defendant. Further, investigation of an important state witness revealed that she had just been charged in another county with stabbing an individual and had a lengthy prior record. When this information was ultimately assembled, it raised serious doubts about the accuracy of the identification and the guilt of the defendant.
Disposition: Case dismissed on State's motion.
_____________________________________________________________
Case Name: State v. S.
Factual Summary:
Another prominent attorney represented the client and succeeded in getting the confession suppressed on the basis of unreasonable delay in bring the client before the trial court under McNabe v. U.S., 318 U.S. 332 (1942) and Mallory v. U.S., 354 U.S. 449 (1957). The defendant was offered a plea negotiation, whereby the first-degree murder charge would be dismissed and the armed robbery would be reduced to a simple robbery in exchange for his testimony against the co-defendant. On the day of trial, the defendant hesitated but ultimately accepted the plea agreement. The defendant testified against the codefendant, not without some difficulty. The co-defendant was acquitted. The defendant requested a new attorney, and I accepted the case.
The defendant immediately expressed a desire to withdraw his plea. After explaining the consequences of this decision and the reinstatement of first-degree murder and armed robbery charges, the client decided to proceed with his desire to withdraw the plea. The motion to withdraw the guilty plea was granted.
The State immediately appealed the previous suppression order. A successful brief was presented in the Court of Appeals, and the trial court's order was affirmed. The State eventually dismissed the case.
Disposition: Dismissal.
_____________________________________________________________
Case Name: State v. H.
Factual Summary:
Victim's throat was slashed on a street corner. He suffered a laceration of the left internal jugular vein and a partial laceration of the common carotid artery. The victim had walked out on the defendant, his girlfriend, at a tavern that evening and had identified the defendant as his assailant. Identification was the issue. An alibi defense was presented along with expert testimony relating to the effects of blood alcohol on perception, memory, and recall.
Disposition: Hung jury (8 to 4 for acquittal); case dismissed on State's motion.
_____________________________________________________________
Case Name: State v. P.
Factual Summary:
Defendant, a landlord, was charged in the shooting death of a tenant when he went to collect rent. The tenant was several months behind. An argument ensued and the defendant's gun ultimately fell to the ground during the course of the struggle. Both parties went after the gun and the victim was subsequently shot and killed. A view of this scene soon after taking the case disclosed important evidence, which was presented at the preliminary hearing. The court ordered briefing and dismissed the case.
Disposition: Case dismissed by preliminary hearing judge.
_____________________________________________________________
Case Name: State v. H.
Factual Summary:
The defendant ran over the victim with her car, carrying her over 50 feet. The car came to rest on a wheelchair ramp running from the porch of the neighbor's house approximately 20 feet off the road. The neighbor's son was also hit by the car and suffered a broken leg. I presented evidence that the victim had thrown two bricks at the car, one of which crashed through the driver's window, landing on my pregnant client's lap. There was evidence that the gearshift in the car was not working properly. I also introduced psychiatric and psychological evidence that my client may have had an organic brain dysfunction, which manifested itself in lack of coordination. A decision was made not to request a lesser-included offense, arguing simply that she was not guilty of attempted murder. The State did not request a lesser-included offense instruction. After eight hours of deliberation, covering two days, the jury returned a verdict of not guilty.
Disposition: Acquittal.
_____________________________________________________________
Case Name: State v. S.
Factual Summary:
It was undisputed that my client shot each of the three victims in the forehead, between the eyes, at point blank range. One of the witnesses testified that he heard my client say, "tell me where she is, or I'll blow your [expletive deleted] brains out," just before he heard the gunshots. He also testified that he heard, "God damn it, where is she" before each shot was fired. The trial lasted approximately six days. The court granted our request for a lesser-included instruction of second degree murder. The sequestered jury deliberated over two and one-half days for a full 25 hours. They came back at least once indicating that they were deadlocked. At the 25th hour, they returned with a verdict of guilty to two counts of first degree murder and one count of second. In speaking with the jurors afterward, I learned that they were 9 to 3 for second degree until the 25th hours of deliberation.
Disposition: Two counts of first, one count of second degree murder.
_____________________________________________________________
Case Name: State v. W.
Factual Summary:
Defendant, an elderly gentleman, was being harassed by two young men who eventually chased him. The defendant shot both of them, killing one and wounding the other. My investigation developed a self-defense argument, prompting the prosecutor to reduce the charges to homicide by negligent use of a weapon and injury by negligent use of a weapon; two two-year felonies, which represented a reduction from life plus 20 years. The assistant district attorney indicated as part of the plea bargain that he would recommend two years in the House of Correction (as opposed to prison) on the homicide and consecutive probation on the other count. However, he indicated that if, after listening to my argument, he was convinced that probation was appropriate, he would make that recommendation. After a lengthy sentencing argument, the assistant district attorney changed his recommendation, urging the court to place the defendant on straight probation.
Disposition: Defendant received two years in the House of Correction, which he modified to straight probation following a hearing on a motion to modify sentence.
_____________________________________________________________
Case Name: State v. G.
Factual Summary:
Charges against this client resulted from his shooting his ex-wife's daughter's boyfriend. The victim had been arguing with the daughter and her mother. The victim had not struck nor did he threaten any of them. He was merely being verbally abusive and obnoxious. The judge denied a request for a self-defense instruction, noting the "disturbing" trend in favor of such requests. At closing, argument was, therefore, limited to the argument that the client's conduct did not "evince ad depraved mind," and, by inference, that the victim deserved what he got. Defendant was found not guilty after less than three hours of deliberation.
Disposition: Acquittal
