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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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20-CV-1348 West et al. v. Wisconsin Elections Commission

Decision and Order Granting Plaintiffs’ Motion to Remand to State Court

Plaintiffs Kanye West, Michelle Tidball, and Fred Krumberger filed this action in the Circuit Court of Brown County, Wisconsin for declaratory and injunctive relief challenging the decision of Defendant Wisconsin Elections Commission that denied the application of West and Tidball to have their names appear as candidates for President and Vice President, respectively, on the State’s ballot for the November 2020 general election.  The Commission removed the case to the United States District Court for the Eastern District of Wisconsin, and Plaintiffs moved to remand the case to the Circuit Court of Brown County.  The court granted Plaintiffs’ motion for remand.

Date:
Thursday, September 3, 2020

18-CR-143 USA v. Waheba Dais

Statement of Reasons Memorandum

Defendant pleaded guilty to attempting to provide material support or resources to a foreign terrorist organization, contrary to 18 U.S.C. § 2339B(a)(1).  The case was unlike other material support cases prosecuted in this district and cited by the parties in their submissions, which involved defendants who either provided/solicited funds for terrorist groups or who traveled seeking to offer themselves up as supporters of the terrorist group.  This defendant engaged in an array of online activity, which included providing advice on how to make explosive devices and poison, prepare for an attack, and select targets.

Judge:
Date:
Thursday, August 27, 2020

10-CV-179 Wilber v. Thurmer

Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that his state court conviction and sentence were imposed in violation of the Constitution.  Petitioner argued in his petition that his constitutional rights were violated when the state trial court ordered him to be shackled to a wheelchair in a way that was visible to the jury during closing arguments, among other reasons.  The court granted the petition for writ of habeas corpus.

Date:
Tuesday, August 4, 2020

19-CV-1198 City of Birmingham Retirement and Relief System v. AO Smith Corp

Decision and Order

The court dismissed a complaint alleging securities fraud based on a channel-stuffing scheme for failure to plead fraud and scienter as required by the Private Securities Litigation Reform Act.

Judge:
Date:
Wednesday, June 24, 2020

19-CV-1210 Jason Morris, et al v. Aurora Network Plan, et al

Anti-assignment clause of ERISA plan could not be read to allow assignment of benefits to health care providers but bar assignment of the right to sue to enforce right to benefits, because right to sue to enforce benefits under a plan arises from statute and attaches wherever a party has a valid entitlement to plan benefits.

Judge:
Date:
Monday, June 8, 2020

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