Wrongful-death lawsuits will often revolve around a workplace incident, as such is the most recent case with the Kun Liu, a stuntman who passed away due to wounds he suffered from an on-set explosion while filming the major action film Expendables 2. The family is filing the lawsuit against the production company and stunt coordinator.

Another example is a 19-year-old wrongful-death lawsuit in Green Bay, Wisconsin, which has finally been closed, according to the Green Bay Press Gazette. Susan Monfils filed the suit in 1992 after her husband Tom was found dead in a pulp vat at the then-James River Paper Mill.

Monfils filed the lawsuit against seven of her husband's co-workers during the middle of the police investigations into whether the seven had conspired to murder Monfils after he told police that one of them, Keith Kutzka, planned to steal an electrical cord from the mill.

Somehow, Kutzka obtained a recording from the Green Bay Police Department of Monfils' tip and showed other co-workers. This caused Susan Monfils to press criminal charges before the investigation was concluded as well as another lawsuit against the city of Green Bay and a few of its authority figures, including the chief and deputy police chief as well as a few officers for negligence in releasing the police tape. A 1997 jury awarded her family $2.1 million for the case against the city.

Six of the seven mill workers were eventually found guilty and a seventh one was exonerated. The six in Wisconsin prisons are all serving life sentences. Susan Monfils has finally dropped the continuing suits.

According to the Green Bay Post Gazette, because Monfils filed the charges halfway through the investigation, the deposition reports actually aided investigators, showing how important it can be to obtain accurate deposition transcriptions by using Wisconsin court reporters. 

Marshall & Ilsley Bank (M&I) based in Wisconsin, recently had a $1 billion lawsuit against it dismissed by a bankruptcy court judge in regards to a Ponzi scheme that was filtered through the bank. The ruling, though, still leaves the bank open to lawsuits from investors who may have been victimized by the scheme.

"This is a major victory," said Florida-based attorney Michael Budwick, who represented the Palm Beach Funds investor groups that initiated the lawsuit. "The bulk of the claims survived … including aiding and abetting fraud and conspiracy and fraudulent transfer claims."

Formerly the largest bank in Wisconsin, M&I was used by Thomas Petters, who ran a multi-billion dollar Ponzi scheme through the bank. The Minnesota-native was convicted in 2009 and is currently serving a 50-year federal prison sentence.

Investors who lost money from Petters say the bank ignored obvious signs of fraud, according to the Milwaukee Journal-Sentinel. The bank says that the billions of dollars that were in Petters' funds were depository accounts and therefore had no special or fiduciary duty to the man's investors. In addition, the bank claimed that the investor groups were looking for a "scapegoat with deep pockets."

Regardless of the bank's actions during the scheme, white collar criminal law can be very complicated and centered around the minute details of bank accounts, cash flow and the red tape that comes with major corporations' financial practices. It can be especially important in these cases that lawyers use the most accurate information, which includes court depositions.

If lawyers wish to use the most accurate court deposition transcripts, they may want to partner with Milwaukee court reporters who can also provide video deposition services to ensure that all aspects of litigation are accurately recorded. 

The Elmbrook School District in Wisconsin was found guilty of violating the Constitutional separation of church and state by a federal appeals court on July 23. The ruling by a 10-judge panel reversed a previous one by a three-judge panel that ruled holding the graduation in church was not promoting any religion.

The court's decision came after a lawsuit from the Washington, D.C.-based rights group Americans United for Separation for Church and State (AU). The suit was filed on behalf of nine unnamed plaintiffs in 2009, according to the Milwaukee Journal Sentinel, directly after the original ruling to allow it.

"The decision upholds the separation of church and state, it upholds the Constitution," said attorney and associate legal director for AU. "It ensures the students in Wisconsin will not be forced to enter an intensely religious environment as the price of attending their own high school graduation, a seminal event in their lives."

Elmbrook's largest high schools, Brookfield East and Brookfield Central, both held their graduation ceremonies in churches for most of the early 2000s. By 2010, both schools moved their ceremonies to another location, but the lawsuit still continued for the past two years.

Clearly, with long and involved cases that go as high as the federal court, litigations can be complicated. This may put an extra importance on the role of the deposition reporter to provide accurate and detailed transcripts.

Other lawyers in similar cases should consult Wisconsin court reporters who not only provide deposition transcripts, but can also provide video court reporting services to ensure they have the most accurate information during trials. 

Court reporting has come a long way since the first person to record deposition proceedings or a trial with a pen and paper. In fact, MacCormack College in Chicago has seen the practice progress through all stages of technological advancement considering the fact the school turned 100 years old this July. MacCormack is the oldest court reporting college in the country.

According to WBEZ, a local Chicago radio station, the Bureau of Labor Statistics is projecting a 14 percent growth for the industry over the next decade, due in part to the demand for caption services for visual mediums.

"Our goal is to showcase the strong demand for court reporters, the exciting advances in reporting technology and the variety of positions available within the field of reporting," said Marnelle Stephens, the college's president in a statement. "Ask the average person about court reporting, and he or she might envision secretaries typing on old time stenograph machines. Those days are long passed."

In her interview with WBEZ, MacCormack College program director Peg Sokalski-Dorchack explains that the machines used by court reporters allow them to type at 225 words per minute. This is accomplished because reporters use a specialized keyboard whose left-hand keys are all beginning consonant sounds and right-hand keys are all the final consonant sounds. The vowels are in the middle, accessed by thumb keys. This allows them to type left-to-right, beginning of the word to the end.

Lawyers in the Midwest who want to improve the accuracy and capabilities of their practice through quality deposition reporting should partner with Wisconsin court reporters who can also provide video deposition and transcription services. 

After the unfortunate shootings that occurred in an Aurora, Colorado movie theater during a midnight premier of the highly-anticipated film The Dark Knight Rises, many individuals and activists were up in arms over gun control reform. But, according to BusinessWeek, the excitement was not reciprocated by Capitol Hill, which remained rather quiet following the incident.

Although, many may be waiting on whether Congress will change its gun control policies, Krysta Sutterfield – a 43-year old nursing student from Milwaukee – has had her own gun control issues to deal with after just winning a trial against two Milwaukee police officers for allegedly carrying a concealed weapon, according to the Milwaukee Sentinel-Journal.

Sutterfield testified against officer Cassandra Benitez, saying that when the police officer found her sitting in her car in a parking lot at 12:30 a.m. in November, that her 9mm pistol was not concealed, but actually exposed in its holster on her hip.

When Benitez first checked on Sutterfield, she didn't notice her firearm. Therefore, her suspicions didn't grow until after she came back from running a license plate check and spotted the pistol, motivating her to arrest Sutterfield for carrying a concealed weapon.

"The simplest explanation makes the most sense," said Sutterfield's attorney, Rebecca Coffee, in court. "She had the gun and the officer just didn't notice it the first time."

Sutterfield was found innocent of all charges. This is Sutterfield's second acquittal on the same charge, after she was arrested in 2010 for a very similar situation when she carried a firearm into a church.

Cases such as this one may require plaintiffs, defendants and witnesses to recount their own versions of the same story, causing attorneys and investigators to rely very heavily on court depositions or deposition transcripts when assessing the case.

In order for those involved in the case to get the most accurate information, they may want to consult Milwaukee court reporters who can also provide video depositions so they have as much information as possible. 

The states of Michigan, Minnesota, Ohio, Pennsylvania and Wisconsin are suing the federal government and demanding it take more active steps to prevent the spread of damaging Asian carp from penetrating the Great Lakes, according to the Associated Press.

The states filed a similar lawsuit three years ago, which the government finally approved new legislation for, requiring the Army Corps of Engineers to create a plan that shields the lakes from the foreign species of fish within 18 months. But, the states are continuing to press their case saying that the timetable isn't quick enough.

In addition, the states are demanding that the Army destroy a man-made link between Lake Michigan and carp-infested waters near Chicago. The new legislation does not guarantee this will be done. Whereas, the Army Corps believes an electric barrier is blocking the carps' progress toward the lake. State officials say that carp DNA has been found in water samples as recent as June.

"The bill passed by Congress puts a limit on the Army Corps' endless studies but doesn't address future actions," said Joy Yearout, the spokeswoman for Michigan Attorney General Bill Schuette, to the AP. "We're hopeful the lawsuit could result in permanent separation."

While the lawsuit may involve several Midwestern states, any litigation taking place in Wisconsin may require the need for Wisconsin court reporters to help provide the most accurate court transcripts. In addition, using a Wisconsin-based court reporter service that also provides video depositions can ensure that all the parties have the most accurate recordings of the deposition proceedings and hearings. 

Missoula Mac Inc., the former owner of a McDonald's in southern Wisconsin has agreed to pay $1 million to almost a dozen former employees as a settlement in a federal sexual harassment lawsuit.

According to the Associated Press, the lawsuit was filed in April of 2011 from the U.S. Equal Employment Opportunity Commission (EEOC). It came after a multitude of current and former female employees approached the group.

The lawsuit alleges that male McDonald's employees working under the company sexually harassed women since at least 2006. Consequently, one woman quit and two others were fired after they repeatedly complained about their male co-workers' behavior.

While Missoula Mac may be based out of Poynette, Wisconsin, the McDonald's in question was based out of Reedsburg and reportedly sold late last year. Missoula reached an agreement with EEOC to not only settle but also create a comprehensive sexual harassment training program, which also includes an administrative position to specifically handle these complaints and a hotline for victimized employees to call.

"Nevertheless, Missoula Mac has concluded that the most prudent course of action is to settle this case rather than spending the time and financial resources necessary to continue to litigate the matter in court," said EEOC attorney John Hendricksen in a statement.

To reach a settlement as large as the one at hand, both parties must have had to communicate openly and efficiently. If other entities are in such a case where they may want to end the suit as soon as possible without going to court, using a Wisconsin court reporter or transcribing service can help the deposition process go as effectively as possible.

On July 16, the Food and Drug Administration (FDA) approved the use of a pill called Truvada, as a means of preventing the Human immunodeficiency virus, commonly known as HIV. While Truvada has been conventionally used to treat HIV since 2004, its use as a preemptive medicine is restricted to only those individuals who have a high risk of contracting the virus, such as persons who have an HIV-infected partner.

But, regardless of the individual's personal status, discretion has always been an expected practice in today's medicinal world, especially with high-profile ailments such as HIV or AIDS. In fact, being too public about a patient's HIV status may cause some practitioners to see intense lawsuits from the families, as such is the case from a few Wisconsin-area hospitals.

The litigation goes back to October of 2010, according to the Wisconsin State Journal, where instead of informing a man privately of his HIV status, the news was told to his wife and son that he was, in fact, AIDS-positive – a syndrome that is caused by HIV. The infliction most likely came from the same-sex, extramarital affair that the man was involved in, which he had no intentions of revealing.

The family is suing the University of Wisconsin hospital for an undisclosed compensation and other damages. The family alleges that hospital personnel did not properly disclose sensitive medical information to his family. In addition, the lawsuit alleges that medical personnel did not follow the privacy standards that they told the family they would follow, which included asking other medical professionals associated with his care for a specific password before discussing his condition.

While the litigation is pending, it's clear that this case may involve many stories and accounts from a plethora of individuals. In order for both parties to obtain the most accurate records, they may want to work with Wisconsin court reporters who can also provide legal video services. 

In late June, the La Crosse, Wisconsin-based power company Dairyland Power Cooperative reached an agreement with both the U.S. Environmental Protection Agency (EPA) and the Sierra Club. This settlement effectively ended years of litigation between the entities based on a lawsuit filed by the Sierra Club – an environmental protection agency – against Dairyland in June 2010 alleging that the power company violated the Clean Air Act.

"A long, drawn out legal battle would not be in the best financial interest of Dariyland's members and, since we had already begun adding hundreds of millions of dollars of air emission controls at our power plants, we agreed to work toward a settlement to reduce the risk of uncertain outcomes and the accompanying additional rate pressure of our cooperative consumers," said Bill Berg, Dairyland's CEO. "Dairyland stands by its strong belief that our cooperative did not violate the law."

Most of the Sierra Club's allegations stem from Dairyland's use of coal as its main source of power. But, according to the press release, Dairyland had begun a $400 million plan to reduce its emissions before the Sierra Club filed its lawsuits against the company.

But, in the settlement, Dairyland agrees to further limit its emission rates and total annual amounts emitted for SO2 (sulphur) and NOx (nitrogen-oxides). In order to do so, the company must install "selective catalytic reduction NOx control technology" at its John P. Madgett Station (JPM), which, according to the Milwaukee Journal-Sentinel, could cost upwards of $150 million. In addition, the company must install similar emission control technologies in its units in Alma.

While the litigation processes between Dairyland, the EPA and the Sierra Club must have been long and complicated, litigants in other cases can use a nationally certified court reporting service to efficiently support any deposition or hearing. Other agencies in the Wisconsin area needing litigation services may benefit from contacting Milwaukee court reporters. 

A Videographer’s View Down the Table – iPad Apps

But Mom! All the other attorneys have iPads!

Howdy.  I suddenly feel like Dr. Bunsen Honeydew….

Here at Muppet Labs….

OK.  There’s every likelihood this won’t be as entertaining unless I can get one of our reporters to dress up like Beaker and mumble as I drone on.

If you go back and read my last effort you’ll see that I have become an abuser of things “i”.  And why not?  They’re just too cool.  Maybe you’re one of those I’ve bored with a demonstration of some of the apps I think are cool, such as all the stuff I’ve found related to flying!  Perhaps you’ve caught me sharpening my gambling skills during long breaks playing craps!  Of course, there are those that have seen firsthand how I’ve reduced my paper use by creating forms that I use on my iPad during depositions.  Now I’m taking requests for app reviews.

There are a plethora of programs written for the legal community.  A simple search of the Apple App Store using the term “legal” shows 482 apps for iPad and 1066 for iPhone.  I would be surprised to learn that the same couldn’t be said for the other popular anti-iThing smart platforms out there.  All due respect to the rest of them, I have iThings so that’s what I’m going to write about.

For $0.99 there’s an app called Legal Heat – 50 State Guide to Firearm Law.  For a buck ninety-nine there’s My Legal Projects.  It claims to be “Ideal for the new or summer associate who must remember the unique requirements for each legal research project they work on”.  For free you can get the ABA’s ABA Journal for iPhone/iPad.  Who wouldn’t want the entire United States Code loaded onto their smart phone or tablet?  There’s an app for that – and it’s FREE!  As is LexisNexis Legal News and Legal Maps, a curious little app designed to direct you to the best medical marijuana dispensaries.  Ah!  The things we can do!  The mind boggling number of entries is overwhelming and MANY non-billable hours can be wasted weeding (HA! I crack me up!) through the flotsam only to discover that most of them are junk or have absolutely nothing to do with the exciting field of law.  Fortunately for you, we here at the B&J Lab for the Technologically Stunted are hard at work!

Having been provided with a list of apps previously suggested by someone to somebod we’ll start with some rated as Best Multi-Platform Apps.  Keep in mind – I’m not a lawyer, I just put their witnesses on TV. 

WESTLAW  WestlawNext

Tap into the world’s most advanced legal research system on-the-go.  Access familiar WestlawNext features including, WestSearch, KeyCite, Folders, History, document notes and highlighting….

A WestlawNext account is required.  Getting said account is not an option provided by the app.  I don’t have one so I cant tell you anymore than this.  Too bad.  Sounds interesting.

FASTCASE

Fastcase offers a free iThing app, asking only for you to register, you know; who are you, where are you, what do you do, who do you do it for, blah blah blah.

Then you have a search engine: search by Caselaw or Statutes.  Search statutes or browse.  Browse by US Code or state.  Search by keyword or US Code.  I did a quick simple Caselaw search: “concealed carry,” 100 results in seconds.  Given a 55% relevancy rating and #9 on the countdown is Peruta v. County of San Diego.  And, well, there it is.  Everything one could hope for, I guess.  Complete with hyperlinks to related matters such as, in this case, the Supreme Court’s 2008 decision in District of Columbia v. Heller.  Again, complete with hyperlinks.  There are obvious settings for narrowing searches such as jurisdiction and date range.  You may SAVE documents within the app and adjust how much local storage you can command.  For my money, the ability to adjust the text size is always a plus.  This is just the mobile application for Fastcase – a web based legal search engine.  For fees pushing towards $1,000 a year you can upgrade to the Premium Edition.   www.fastcase.com

COURT DAYS

There are two offerings under this name.  Court Days Pro – Rules Based Calendaring for Lawyers, for $2.99 and Court Days – Date Calculator for Lawyers, $0.99.  Here’s a tool for doing calendar math.  Reported to be user customizable by court rules and statutes, triggering events and so on.  A number of user complaints include database availability such as, “This is great if you practice in California” and problems with older platforms.  Sadly, the operating budget for the B&J Lab for the Technologically Stunted precludes us from evaluating these claims independently.

SHOEBOXED

Shoeboxed is a receipt tracker. Scan your receipts from your PC, from your smart thing, or send them in using the prepaid mailer.  Shoboxed scans and uses OCR software (Optical Charachter Recognition) to create expense reports and databases.  They then maintain them online for you.  The app is free.  You’ll pay for the service.

TranscriptPad

This one app may make the purchase of an iPad the easiest decision you and your firm has ever made.  An iPad weighs what? A pound and a half?  The newer ones even less.  What’s the combined weight of three medical depositions, two expert witness depositions, plaintiff and defendant depositions, Volumes I AND II?  Oh! I almost forgot!  How much does 800 pages of certified medical records weigh? What about all of those other backbreaking exhibits?  Oh, the aching back of your poor paralegal!  

From the app’s description:

This paperless tool puts multiple transcripts right in the palm of your hand.  Read hands-free, create color-coded designations based on user generated issue codes, flag or e-mail critical sections, generate reports to e-mail or print. 

This highly rated application would appear to be an easy and logical way to manage multiple deposition transcripts with the portability of the toy you already want. (You know you just want to play Angry Birds!)

Free updates  Free technical support  NO monthly service fees  NO maintenance fees

Carry all your transcripts in one app  and Search across an entire case, a single witness or one deposition  Reference exhibits as you read the transcript  Color code issues  Flag sections for review  Print or email detailed or summary reports.

The file types required are already easily available from your favorite court reporter at Brown & Jones Reporting!

I came across this app during my own aimless wandering.  Look for a more detailed review of this app in the future.  $49.99

OK.  Its not my job to sell you an iThing.  I mentioned earlier that there are many choices of tablet computers out there.  Gads! We live in such wonderful times!

It is my job, I guess, to wade thru the mire as best I can to bring the news of the technology today.  Barring widespread requests to the contrary, I’ll keep at it.  As I said about a thousand words ago, I take requests.

Coming soon:  Trial Presentation apps and iJuror!

John Spohnholtz
Legal Videographer