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Introduction to Basic Legal Citation - access-to-law home

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Wisconsin: Supreme Court citation practice | <strong>Citation</strong> rule(s)<br />

248<br />

Contents | Index | Help | < | ><br />

Examples from State v. T.J. Int'l, Inc., 2001 WI 76, 244 Wis. 2d 481, 628 N.W.2d<br />

774<br />

. . . .<br />

4 We conclude that the definition of "business closing" in Wis. Stat. § 109.07(1)(b) does not<br />

include the sale of business assets where there is no actual operational shutdown--permanent<br />

or temporary--of the employment site. Where, as here, the transfer of ownership continues<br />

rather than interrupts or ceases the operation of the employment site, there is no "business<br />

closing" under the statute, and no 60-day notice of the sale is required. Accordingly, we<br />

affirm the court of appeals' reversal of the judgment of the circuit court.<br />

. . . .<br />

18 The court of appeals reversed, concluding that the plain language of the statute's<br />

definition of "business closing" required a "permanent or temporary shutdown of an<br />

employment site," and because the Hawkins plant never shut down, there was no "business<br />

closing" within the meaning of the statute. State v. T.J. Int'l, Inc., 2000 WI App 181, 10, 238<br />

Wis. 2d 173, 617 N.W.2d 256. We accepted the State's petition for review.<br />

19 We review a circuit court order granting or denying a motion for summary judgment<br />

independently, using the same methodology as the circuit court. Jankee v. Clark County, 2000<br />

WI 64, 48, 235 Wis. 2d 700, 612 N.W.2d 297. Summary judgment is appropriate when there<br />

are no genuine issues of material fact in dispute and the moving party is entitled <strong>to</strong> judgment<br />

as a matter of <strong>law</strong>. Wis. Stat. § 802.08(2).<br />

. . . .<br />

32 We note that Wis. Admin. Code § DWD 279.002 (Apr., 2001), entitled "Interpretation"<br />

specifies that "whenever possible, this chapter will be interpreted in a manner consistent with<br />

the Federal Worker Adjustment and Retraining Notification Act, 29 USC 2101 et seq., the<br />

federal regulations and court decisions interpreting that Act <strong>to</strong> the extent that the provisions of<br />

federal and state <strong>law</strong> are the same." Both defendants cite federal cases interpreting the WARN<br />

Act in support of their positions. We agree with the State that none of these cases is<br />

particularly helpful <strong>to</strong> our analysis of the Wisconsin <strong>law</strong>.<br />

. . . .<br />

Wis. Sup. Ct. R. chapt. 80, http://www.wicourts.gov/supreme/sc_rules.jsp.<br />

SCR 80.001 Definition.<br />

In this chapter, "public domain citation" means the calendar year in which an opinion, rule,<br />

order, or other item that is <strong>to</strong> be published is issued or ordered <strong>to</strong> be published, whichever is

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