SHAW v. LEATHERBERRY

No. 2003AP2316.

286 Wis.2d 380 (2005)

2005 WI 163

706 N.W.2d 299

Connie Anne SHAW, Plaintiff-Appellant, v. Greg LEATHERBERRY, Roger L. Finch and Amy Elve, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided December 6, 2005.


Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs (in the court of appeals) by A. Steven Porter and Porter, Jablonski & Associates, S.C., Madison, and oral argument by A. Steven Porter.

For the defendants-respondents there were briefs by John M. Moore, Sheila M. Sullivan and Bell, Gierhart & Moore, S.C., Madison, and oral argument by Sheila M. Sullivan.

An amicus curiae brief was filed by Mark J. Steichen and Boardman, Suhr, Curry & Field, LLP, Madison, on behalf of the Civil Trial Counsel of Wisconsin.

An amicus curiae brief was filed (in the court of appeals) by Jeff Scott Olson and the Jeff Scott Olson Law Firm, S.C., Madison, on behalf of the Wisconsin Academy of Trial Lawyers and the Wisconsin Employment Lawyers Association, and there was oral argument by Jeff Scott Olson.

An amicus curiae brief was filed (in the court of appeals) by G. Michael Halfenger and Foley & Lardner LLP, Milwaukee, and Laurence J. Dupuis, Milwaukee, on behalf of the American Civil Liberties Union of Wisconsin Foundation, Inc., and there was oral argument by G. Michael Halfenger.


¶ 1. JON P. WILCOX, J.

This case comes to us on certification from the court of appeals. The appellant, Connie Anne Shaw (Shaw), appealed an order of the Circuit Court for Dane County, Gerald C. Nichol, Judge, denying Shaw's motion for a new trial, and from the court's decision at trial imposing the middle burden of proof—clear and convincing evidence—on the...

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