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Opinions

Below is a list of opinions specially selected for public release by judges in the district.  For a detailed search, enter the keyword or case number in the search box above.

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24-CV-1206 Vam Elzen v. American Home Shield

Decision and Order Granting Defendant’s Motion for Summary Judgment

Plaintiff filed this action on behalf of himself and all others similarly situated alleging violations of the Telephone Consumer Protection Act (TCPA), 27 U.S.C. § 227, alleging Defendant contacted him four times via text message regarding a home warranty, despite his registration on the “Do Not Call List.”  Defendant claimed that Plaintiff requested information and consented to receiving text messages and, alternatively, that it was not liable because it complied with the “safe harbor” provisions of the TCPA and underlying regulations.   The Court concluded a factual dispute precluded summary judgment in Defendant’s favor on the issue of consent, but that the safe harbor provision applied.

File:
PDF icon 24-CV-1206 Vam Elzen v. American Home Shield (47).pdf
Judge:
William C. Griesbach
Date:
Tuesday, April 21, 2026

24-CV-1460 Faulman Investment Ltd v. Engineered Products and Services Inc et al

Order

Third-party defendants move to dismiss various claims in a third-party complaint. The complaint included breach of contract, negligence, and misrepresentation claims all based upon the same conduct. Applying Wisconsin choice-of-law rules, the Court found that Wisconsin and Florida laws conflict as to whether the tort claims are barred under Wisconsin's economic loss doctrine and Florida's independent tort doctrine. Ultimately, the Court applied Wisconsin law, dismissing the tort claims. The Court also dismissed claims for an accounting, a constructive trust, and unjust enrichment, and permitted the intervention of defendant's insurance company.

File:
PDF icon 24-CV-1460 Faulman Investment Ltd v. Engineered Products and Services Inc et al.pdf
Judge:
Lynn Adelman
Date:
Thursday, April 9, 2026

25-CR-181 US v. Cupino

Order on Motions in Limine

The defendant, a 65-year-old family practice physician, was charged with 8 counts of producing, transporting, and possession of child pornography.  The alleged child pornography which forms the basis of the first seven counts of the indictment consists of digital pictures and movie files featuring a child, born of a surrogate mother, when the child was between the ages of 1 to 19 months.  The defendant was alleged to have used an Apple iPhone to produce digital pictures and movie files depicting the lascivious exhibition of the child’s genitals, pubic area, and/or anus.  The defendant denied the depictions constituted child pornography but were instead depictions of medical examinations or innocent family photos intended to document child’s growth and development.  The government sought a pretrial ruling to admit and the defendant sought ruling to exclude other digital images and videos found on defendant’s iPhone showing (1) interactions of the defendant and the child with an anatomically correct, life-sized female doll; and (2) the defendant performing what appeared to be open mouth kissing of child in which he allowed the child to suck on his extended tongue and/or expelled liquid from his mouth into the child’s mouth.  The court ruled that probative value of the evidence is not substantially outweighed by the danger of unfair prejudice or the risk of confusing or misleading the jury.

File:
PDF icon 25-CR-181 US v. Cupino (52).pdf
Judge:
William C. Griesbach
Date:
Thursday, April 9, 2026

25-CR-89 US v. Hannah Dugan

Decision and Order

After a jury convicted her of obstructing a proceeding before the Department of Homeland Security, contrary to 18 U.S.C. § 1505, defendant filed a motion for judgment of acquittal, Fed. R. Crim. P. 29, and/or for a new trial, Fed. R. Crim. P. 33. The court denied the motion, finding that the government presented sufficient evidence from which a rational jury could find guilt beyond a reasonable doubt. The court rejected defendant’s arguments asserting a common law privilege against the execution of civil arrest warrants on a party appearing in a courthouse, challenging the jury instructions, claiming that § 1505 should be construed narrowly to not apply to the conduct alleged, and reasserting her claims of judicial immunity.

File:
PDF icon 25-CR-89 US v. Hannah Dugan.pdf
Judge:
Lynn Adelman
Date:
Monday, April 6, 2026

24-CV-1408 Turnipseed et al v. St. Francis Public School District et al

Decision and Order

Plaintiffs allege that the St. Francis Public School District and various employees systematically excluded minors J.T. and K.T. in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act and violated their mother's First Amendment rights. As a matter of first impression, the Court found that that defendants are entitled to withhold the name of a reporter to Milwaukee Child Protective Services based on Wisconsin law and public policy, but were required provide other related records. The Court also denied a motion seeking certain personnel records, finding there was nothing more the defendants could produce. Lastly, the Court declined to bar the deposition of the minors but instituted time limits and prohibited the use of leading questions.

File:
PDF icon 24-CV-1408 Turnipseed et al v. St. Francis Public School District et al.pdf
Judge:
Lynn Adelman
Date:
Friday, February 20, 2026

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