Wisconsin rule (Texas) · Go Syfert
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Wisconsin rule in Texas

8 Texas opinions name it 3 courts 1883–2017 0 in the last five years

The cases below were cited by Texas 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.

Followed or applied (5)

CaseFollowedCited
State v. Myersgreen
wis · 1990 · cited in 3 Texas opinions naming this issue, 2008–2008
2 sentences

2008App. 43.3, which authorizes a court of appeals, when reversing a trial court's judgment, to "render the judgment that the trial court should have rendered." See Collier , 784 S.W.2d at 784 (Keasler, J., concurring) ("judgment that the trial court should have rendered" under Rule 43.3 can only be a judgment that trial court was capable of rendering, given the jury instructions, and if jury is only instructed on one offense, then trial court can render only judgment on that offense or a judgment of acquittal) and at 785 (rendering judgment on lesser-included offense is not simply "modifying" jud

2008APP . 43.3, which authorizes a court of appeals, when reversing a trial court’s judgment, to “render the judgment that the trial court should have rendered.” See Collier, 784 S.W.2d at 784 (Keasler, J., concurring) (“judgment that the trial court should have rendered” under Rule 43.3 can only be a judgment that trial court was capable of rendering, given the jury instructions, and if jury is only instructed on one offense, then trial court can render only judgment on that offense or a judgment of acquittal) and at 785 (rendering judgment on lesser-included offense is not simply “modifying” jud

33
S.R. & C.L. v. Circuit Courtgreen
wisctapp · 2015 · cited in 1 Texas opinions naming this issue, 2017–2017
2 sentences

2017June 27, 2016) (holding that even after Obergefell , the "fundamental right to marry" does not include "the right to obtain a visa for an alien spouse"); Solomon v. Guidry , 155 A.3d 1218 , 1221 (Vt. 2016) ("[B]ecause civil marriage and civil unions remain legally distinct entities in Vermont and because Obergefell mandated that states recognize only same-sex marriage , uncertainty remains as to whether Obergefell requires other states to recognize and dissolve civil unions established in Vermont."); In re P.L.L.-R. , 366 Wis.2d 134 , 876 N.W.2d 147 , 153 (2015) (" Obergefell did not answer qu

2017June 27, 2016) (holding that even after Obergefell , the "fundamental right to marry" does not include "the right to obtain a visa for an alien spouse"); Solomon v. Guidry , 155 A.3d 1218 , 1221 (Vt. 2016) ("[B]ecause civil marriage and civil unions remain legally distinct entities in Vermont and because Obergefell mandated that states recognize only same-sex marriage , uncertainty remains as to whether Obergefell requires other states to recognize and dissolve civil unions established in Vermont."); In re P.L.L.-R. , 366 Wis.2d 134 , 876 N.W.2d 147 , 153 (2015) (" Obergefell did not answer qu

11
Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body Corporategreen
cadc · 1972 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015Finally, the Canterbury court's decision--which, as the Martin court underscored last term, provides the basis for Wisconsin's doctrine of informed consent, Martin, 192 Wis. 2d at 173 --states explicitly that under the doctrine of informed consent, "there is no bright line separating the significant from the insignificant." Canterbury, 464 F.2d at 788 .

2015Martin, 192 Wis. 2d at 172-73 ; Platta, 68 Wis. 2d at 60 ; see also Canterbury, 464 F.2d at 788 .

11
Busch v. Busch Construction, Inc.green
minn · 1977 · cited in 1 Texas opinions naming this issue, 1984–1984
2 sentences

1984Minnesota has adopted the "Wisconsin rule." See Busch v. Busch Construction Co., 262 N.W.2d 377, 393 (Minn.1977); see also Jensvold, A Modern Approach to Loss Allocation Among Tortfeasors in Products Liability Cases, 58 Minn.L.Rev. 723, 748-51 (1974); Uniform Comparative Fault Act § 1 comment (1977).

1984Minnesota has adopted the “Wisconsin rule.” See Busch v. Busch Construction Co., 262 N.W.2d 377, 393 (Minn.1977); see also Jensvold, A Modern Approach to Loss Allocation Among Tortfeasors in Products Liability Cases, 58 Minn.L.Rev. 723, 748-51 (1974); Uniform Comparative Fault Act § 1 comment (1977).

11
Suter v. San Angelo Foundry & MacHine Companygreen
nj · 1979 · cited in 1 Texas opinions naming this issue, 1984–1984
2 sentences

1984In Suter v. San Angelo Foundry & Machine Company, 81 N.J. 150 , 406 A.2d 140, 145-46 (1979), the New Jersey Supreme Court also applied its comparative negligence statute to strict liability in tort.

1984In Suter v. San Angelo Foundry & Machine Company, 81 N.J. 150 , 406 A.2d 140, 145-46 (1979), the New Jersey Supreme Court also applied its comparative negligence statute to strict liability in tort.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Whittenberg v. Lloyd neutral
tex · 1878
2 sentences

1883The Texas courts have usually adopted the latter rule in their construction of such cases; and in the case of Whittenberg v. Lloyd, supra, intimated strongly in favor of the Wisconsin doctrine.

1883The Texas courts have usually adopted the latter rule in their construction of such cases; and in the case of Whittenberg v. Lloyd, supra, intimated strongly in favor of the Wisconsin doctrine.

21883–1883
Melissa Solomon v. Jane Guidry green
vt · 2016
1 sentence

2017June 27, 2016) (holding that even after Obergefell , the "fundamental right to marry" does not include "the right to obtain a visa for an alien spouse"); Solomon v. Guidry , 155 A.3d 1218 , 1221 (Vt. 2016) ("[B]ecause civil marriage and civil unions remain legally distinct entities in Vermont and because Obergefell mandated that states recognize only same-sex marriage , uncertainty remains as to whether Obergefell requires other states to recognize and dissolve civil unions established in Vermont."); In re P.L.L.-R. , 366 Wis.2d 134 , 876 N.W.2d 147 , 153 (2015) (" Obergefell did not answer qu

12017–2017
Platta v. Flatley neutral
wis · 1975
1 sentence

2015Martin, 192 Wis. 2d at 172-73 ; Platta, 68 Wis. 2d at 60 ; see also Canterbury, 464 F.2d at 788 .

12015–2015
Martin Ex Rel. Scoptur v. Richards green
wis · 1995
2 sentences

2015Finally, the Canterbury court's decision--which, as the Martin court underscored last term, provides the basis for Wisconsin's doctrine of informed consent, Martin, 192 Wis. 2d at 173 --states explicitly that under the doctrine of informed consent, "there is no bright line separating the significant from the insignificant." Canterbury, 464 F.2d at 788 .

2015Martin, 192 Wis. 2d at 172-73 ; Platta, 68 Wis. 2d at 60 ; see also Canterbury, 464 F.2d at 788 .

12015–2015

Where else courts name it

WI 180 (1900–2026) IA 17 (1907–2014) MN 9 (1886–2018) TX 8 (1883–2017) CA 8 (1952–2009) IL 7 (1973–2006) MI 7 (1966–1999) OR 6 (1915–1991) AZ 6 (1935–2017) NJ 6 (1961–2001) NE 6 (1896–2019) VT 6 (1996–2009) OH 5 (1955–2015) MD 5 (1959–2018) MA 5 (1978–2006) WA 4 (1937–2002) MT 4 (1910–1991) IN 4 (1905–2016) ND 4 (1906–2021) UT 3 (1984–2015) SD 3 (1916–1968) ID 3 (1980–1986) LA 2 (1916–1976) NY 2 (1974–2010) CO 2 (1920–1923) KS 2 (1958–1968) AL 2 (1929–2002) AR 2 (1992–2001) SC 2 (2004–2006) FL 2 (1975–1996) WV 2 (1999–2012) PA 2 (2009–2011) NH 2 (1974–2003)

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.

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