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23 Wisconsin opinions name it 2 courts 1953–2023 1 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Miller v. Kimgreen2 sentences2019We agree. ¶15 "An appellate court will reverse and order a new trial if it finds that a challenged jury instruction, taken as a whole, was prejudicial in that it probably and not merely possibly misled the jury, or if it finds that the meaning communicated by the instruction as a whole was an incorrect statement of the law." Miller v. Kim , 191 Wis. 2d 187 , 194, 528 N.W.2d 72 (Ct. App. 1995). " '[I]t is error for a court ... to give an instruction on an issue which finds no support in the evidence.' It is prejudicial error if an erroneous instruction probably and not merely possibly misleads 2019We agree. ¶15 "An appellate court will reverse and order a new trial if it finds that a challenged jury instruction, taken as a whole, was prejudicial in that it probably and not merely possibly misled the jury, or if it finds that the meaning communicated by the instruction as a whole was an incorrect statement of the law." Miller v. Kim , 191 Wis. 2d 187 , 194, 528 N.W.2d 72 (Ct. App. 1995). " '[I]t is error for a court ... to give an instruction on an issue which finds no support in the evidence.' It is prejudicial error if an erroneous instruction probably and not merely possibly misleads | 2 | 2 |
Zealy v. City of Waukeshagreen2 sentences2010See Zealy v. City of Waukesha, 201 Wis. 2d 365, 374 , 548 N.W.2d 528 (1996) (holding that "[t]his court has adopted a similar method of inquiry" for determining regulatory takings as the United States Supreme Court); see also Eternalist Found, v. City of Platteville, 225 Wis. 2d 759, 773 , 593 N.W.2d 84 (Ct. App. 1999). ¶ 39. 2010See Zealy v. City of Waukesha, 201 Wis. 2d 365, 374 , 548 N.W.2d 528 (1996) (holding that "[t]his court has adopted a similar method of inquiry" for determining regulatory takings as the United States Supreme Court); see also Eternalist Found, v. City of Platteville, 225 Wis. 2d 759, 773 , 593 N.W.2d 84 (Ct. App. 1999). ¶ 39. | 1 | 1 |
Eternalist Foundation, Inc. v. City of Plattevillegreen2 sentences2010See Zealy v. City of Waukesha, 201 Wis. 2d 365, 374 , 548 N.W.2d 528 (1996) (holding that "[t]his court has adopted a similar method of inquiry" for determining regulatory takings as the United States Supreme Court); see also Eternalist Found, v. City of Platteville, 225 Wis. 2d 759, 773 , 593 N.W.2d 84 (Ct. App. 1999). ¶ 39. 2010See Zealy v. City of Waukesha, 201 Wis. 2d 365, 374 , 548 N.W.2d 528 (1996) (holding that "[t]his court has adopted a similar method of inquiry" for determining regulatory takings as the United States Supreme Court); see also Eternalist Found, v. City of Platteville, 225 Wis. 2d 759, 773 , 593 N.W.2d 84 (Ct. App. 1999). ¶ 39. | 1 | 1 |
German v. Wisconsin Department of Transportationgreen1 sentence2009See German, 235 Wis. 2d 576, ¶¶ 8, 10-16 . | 1 | 1 |
City of Edgerton v. General Casualty Co.green1 sentence2002See Edgerton, 184 Wis. 2d at 783-85 . ¶ 24. | 1 | 1 |
Noranda Exploration, Inc. v. Ostromgreen2 sentences1996See Noranda Exploration, Inc., v. Ostrom, 113 Wis. 2d 612, 624 , 335 N.W.2d 596 (1983). 1996See Noranda Exploration, Inc., v. Ostrom, 113 Wis. 2d 612, 624 , 335 N.W.2d 596 (1983). | 1 | 1 |
City of Cleburne v. Cleburne Living Center, Inc.green1 sentence1989In City of Cleburne, Texas v. Cleburne Living Center, Inc., 473 U.S. 432, 440 (1985), it was pointed out that, where fundamental rights or suspect classes are not involved, courts employ only a rational basis as standard of review. | 1 | 1 |
State ex rel. Zimmerman v. Dammanngreen2 sentences1976Zimmerman v. Dammann (1930), 201 Wis. 84, 88, 89 , 228 N.W. 593 , and State ex rel. 1976Zimmerman v. Dammann (1930), 201 Wis. 84, 88, 89 , 228 N.W. 593 , and State ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wagner v. Milwaukee County Election Commission
green
2 sentences2014Election Comm'n, 2003 WI 103 , 263 Wis. 2d 709 , 666 N.W.2d 816 , is appropriate here too. 18 No. 2012AP1652 ¶77 (quoting Anderson, 460 U.S. at 789 ). 2014Election Comm'n, 2003 WI 103 , 263 Wis. 2d 709 , 666 N.W.2d 816 , is appropriate here too. 18 No. 2012AP1652 ¶77 (quoting Anderson, 460 U.S. at 789 ). | 2 | 2014–2014 |
Anderson v. Celebrezze
green
2 sentences2014Election Comm'n, 2003 WI 103 , 263 Wis. 2d 709 , 666 N.W.2d 816 , is appropriate here too. 18 No. 2012AP1652 ¶77 (quoting Anderson, 460 U.S. at 789 ). 2014Election Comm'n, 2003 WI 103 , 263 Wis. 2d 709 , 666 N.W.2d 816 , is appropriate here too. 18 No. 2012AP1652 ¶77 (quoting Anderson, 460 U.S. at 789 ). | 2 | 2014–2014 |
Buse v. Smith
green
2 sentences2006Hansen in Buse v. Smith, 74 Wis. 2d 550, 568 , 247 N.W.2d 141 (1976): In its interpretation of constitutional provisions this court is committed to the method of analysis utilized in Board of Education v. Sinclair, [ 65 Wis. 2d 179 , 222 N.W.2d 143 (1974)]. 2006Hansen in Buse v. Smith, 74 Wis. 2d 550, 568 , 247 N.W.2d 141 (1976): In its interpretation of constitutional provisions this court is committed to the method of analysis utilized in Board of Education v. Sinclair, [ 65 Wis. 2d 179 , 222 N.W.2d 143 (1974)]. | 2 | 1977–2006 |
Board of Education v. Sinclair
green
2 sentences2006Hansen in Buse v. Smith, 74 Wis. 2d 550, 568 , 247 N.W.2d 141 (1976): In its interpretation of constitutional provisions this court is committed to the method of analysis utilized in Board of Education v. Sinclair, [ 65 Wis. 2d 179 , 222 N.W.2d 143 (1974)]. 2006Hansen in Buse v. Smith, 74 Wis. 2d 550, 568 , 247 N.W.2d 141 (1976): In its interpretation of constitutional provisions this court is committed to the method of analysis utilized in Board of Education v. Sinclair, [ 65 Wis. 2d 179 , 222 N.W.2d 143 (1974)]. | 2 | 1977–2006 |
Mount Horeb Community Alert v. Village Board of Mt. Horeb
green
1 sentence2023Id. | 1 | 2023–2023 |
Paynter v. Proassurance Wis. Ins. Co.
green
1 sentence2019Paynter, 381 Wis. 2d 239 , ¶44 n.13. 11 No. 2017AP739 ¶35 This court applies the same method of analysis to a motion for summary judgment as does the circuit court.16 Summary judgment is appropriate under Wis. Stat. § 802.08 (2) where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."17 ¶36 Our review of the instant case also requires us to interpret and apply Wisconsin's borrowing statute, Wis. | 1 | 2019–2019 |
Finley Ex Rel. Reinhardt v. Culligan
green
2 sentences2019We agree. ¶15 "An appellate court will reverse and order a new trial if it finds that a challenged jury instruction, taken as a whole, was prejudicial in that it probably and not merely possibly misled the jury, or if it finds that the meaning communicated by the instruction as a whole was an incorrect statement of the law." Miller v. Kim , 191 Wis. 2d 187 , 194, 528 N.W.2d 72 (Ct. App. 1995). " '[I]t is error for a court ... to give an instruction on an issue which finds no support in the evidence.' It is prejudicial error if an erroneous instruction probably and not merely possibly misleads 2019We agree. ¶15 "An appellate court will reverse and order a new trial if it finds that a challenged jury instruction, taken as a whole, was prejudicial in that it probably and not merely possibly misled the jury, or if it finds that the meaning communicated by the instruction as a whole was an incorrect statement of the law." Miller v. Kim , 191 Wis. 2d 187 , 194, 528 N.W.2d 72 (Ct. App. 1995). " '[I]t is error for a court ... to give an instruction on an issue which finds no support in the evidence.' It is prejudicial error if an erroneous instruction probably and not merely possibly misleads | 1 | 2019–2019 |
Driver v. Driver
green
1 sentence2016Driver, 119 Wis. 2d at 69 . | 1 | 2016–2016 |
State ex rel. Walthers v. Jung
green
1 sentence2010Our supreme court rejected the challenge, observing that if such a method of challenge was allowed, then "assessments [would] have a precarious stability, because common knowledge informs us that the average taxpayer can conscientiously testify that his holdings are valued too high in comparison with that of certain of his neighbors." Id. at 60-61 . | 1 | 2010–2010 |
Smith v. General Casualty Insurance
green
1 sentence2007Id., ¶ 25, 619 N.W.2d 882 . | 1 | 2007–2007 |
In Re Mental Condition of Billy Jo W.
green
2 sentences2001Care Concepts contends that this court should interpret the "lawful order of a court" exception in Wis. Stat. § 146.82 (2)(a)4 using the same method of analysis as applied in In re Mental Condition of Billy Jo W., 182 Wis. 2d 616 , 514 N.W.2d 707 (1994). 2001Care Concepts contends that this court should interpret the "lawful order of a court" exception in Wis. Stat. § 146.82 (2)(a)4 using the same method of analysis as applied in In re Mental Condition of Billy Jo W., 182 Wis. 2d 616 , 514 N.W.2d 707 (1994). | 1 | 2001–2001 |
Korth v. American Family Insurance Co.
green
2 sentences1997Co., 115 Wis. 2d 326 , 340 N.W.2d 494 (1983), and guided by the resolution of the competing policy considerations in John B.B.B. 1997Co., 115 Wis. 2d 326 , 340 N.W.2d 494 (1983), and guided by the resolution of the competing policy considerations in John B.B.B. | 1 | 1997–1997 |
United States v. Dixon
green
2 sentences1994Id. at 573 . 1994Id. at 573 . | 1 | 1994–1994 |
Kentucky Department of Corrections v. Thompson
green
2 sentences1993According to the United States Supreme Court in Thompson , the method of inquiry for determining whether a state statute or regulation creates an enforceable liberty interest is to "examine closely the language of the relevant statutes and regulations" to ascertain whether the State has established" 'substantive predicates' to govern official decisionmaking ..." and further whether the statute or regulation mandates "the outcome to be reached upon a finding that the relevant criteria have been met." Thompson, 490 U.S. at 461-62 . 1993According to the United States Supreme Court in Thompson , the method of inquiry for determining whether a state statute or regulation creates an enforceable liberty interest is to "examine closely the language of the relevant statutes and regulations" to ascertain whether the State has established "`substantive predicates' to govern official decisionmaking ..." and further whether the statute or regulation mandates "the outcome to be reached upon a finding that the relevant criteria have been met." Thompson, 490 U.S. at 461-62 . | 1 | 1993–1993 |
Perkins v. Peacock
green
2 sentences1955In sup *108 port of this contention they rely strongly on Perkins v. Peacock (1953), 263 Wis. 644 , 58 N. W. (2d) 536 , where it was determined that certiorari was not the proper procedure for the challenging of jurisdictional defects in proceedings leading to a county-school-committee order, but that the exclusive method of challenge of such defects was by means of an appeal from the order as authorized by statute. 1955In sup *108 port of this contention they rely strongly on Perkins v. Peacock (1953), 263 Wis. 644 , 58 N. W. (2d) 536 , where it was determined that certiorari was not the proper procedure for the challenging of jurisdictional defects in proceedings leading to a county-school-committee order, but that the exclusive method of challenge of such defects was by means of an appeal from the order as authorized by statute. | 1 | 1955–1955 |
Welch v. Fire Ass'n of Philadelphia
green
2 sentences1953Welch v. Fire Asso. 120 Wis. 456 , 98 N. W. 227 , so indicated. 1953Welch v. Fire Asso. 120 Wis. 456 , 98 N. W. 227 , so indicated. | 1 | 1953–1953 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.