News & Pubs Archive

Damage caused by a company’s intentional failure to repair a condominium complex can constitute an accidental “occurrence” that is covered by a commercial general liability insurance policy, the Wisconsin Court of Appeals has held.

The estate of a man who took his own life in a county jail failed to show that correctional officers were objectively unreasonable when they failed to enforce a rule that prohibits coverings that obscure views into cells, the U.S Court of Appeals for the Seventh Circuit has ruled.

To ensure the safety of a juvenile and the community, sometimes the juvenile must be taken from the home and put in an alternative placement, but options are limited. Matthew Kline delves into this prevalent problem facing juvenile courts across thestate, and the harm that this can cause to the juveniles in this predicament.

The exclusive remedy provision of the state workers’ compensation law bars a tort lawsuit against a third-party claims administrator, the Wisconsin Court of Appeals has ruled.

A circuit court’s dismissal of an OWI charge after conviction on a different charge under Wis. Stat. section 346.63(1)(c) can be reversed, the Wisconsin Court of Appeals has ruled.

A circuit court did not err in returning a poodle to its original owner in a replevin action, the Wisconsin Court of Appeals has ruled.

Fiscal year 2023 was record breaking for the U.S. Department of Justice’s False Claims Act settlements and judgements. Leah Ruedinger reviews several settlements and lists best practices for compliance.

A federal law prohibits a divorce court from dividing miliary disability pay that a veteran opts to receive instead of retirement pay, the Wisconsin Count of Appeals has ruled.

A driver’s red eyes, slow speech, and freshly lit cigarette gave a police officer reasonable suspicion to expand a traffic stop to field sobriety tests, the Wisconsin Court of Appeals has ruled.

An insurance policy’s exception to an exclusion of liability was ambiguous because it lacked terms of geographic limitation while related exceptions contained such terms, the Wisconsin Court of Appeals has ruled.

A lawsuit alleging a breach of contract warranties was barred because it was filed beyond the survival date for the warranties specified in the contract, the Wisconsin Court of Appeals has ruled.

Resort to affidavits by a legislative fiscal analyst was appropriate to interpret an ambiguous property tax statute, the Wisconsin Court of Appeals has held.

How does the juvenile justice system address multiple levels of disparities in Wisconsin? Alaina Fahley discusses the intersection of race and disability and the school to prison pipeline, and its effects on children involved in Wisconsin’s juvenilejustice system.

Who is Blaine Patino and why does he practice elder law? Benjamin Wright talks to this Wauwatosa attorney who, he says, has somewhat of an unusual style for someone practicing elder law.

Artificial intelligence may be very helpful in conducting legal research, but it is important that attorneys fully understand the impact and risks this new technology poses for the legal field, write Jennifer Schank and Emilie Dozer.

Navigating breakups for unmarried couples in Wisconsin poses unique legal challenges. Amanda R.R. Mayer discusses existing legal avenues for individuals navigating post-cohabitation separations in Wisconsin.

A recent decision by the National Labor Relations Board impacts rights under Section 7 of the National Labor Relations Act. Peter Albrecht discusses how the general counsel and the NLRB carefully orchestrated the expansion of Section 7 rights.

The fact that a physician who was sued for violating the state’s informed consent law didn’t perform the surgery that led to the plaintiff’s injuries does not entitle the physician to summary judgment, the Wisconsin Court of Appeals has held.

A Catholic high school failed to show that a city discriminated against it by denying a request to install lights at an athletic field, the U.S. Court of Appeals for the Seventh Circuit has held.

Parents who sued a school district over the district’s gender identity support policy lacked standing because they didn’t allege any concrete injury related to the policy, the U.S. Court of Appeals for the Seventh Circuit has held.

A village transportation utility fee that is based in part on the proportional share of road use estimated for each property subject to the fee is an illegal tax, the Wisconsin Court of Appeals (District II) has ruled.

A decision by the state Department of Natural Resources to regulate polyfluoroalkyl substances as hazardous substances is unenforceable because it wasn’t promulgated as a rule, the Wisconsin Court of Appeals has ruled.

An interlocutory appeal or an appeal from a final judgment or order is the preferable way to challenge a denial of a request to substitute a judge, the Wisconsin Supreme Court has ruled.

A decision by the Wisconsin Supreme Court in an employment case involving Amazon has renewed a debate among the justices about the wisdom of dismissing petitions as improvidently granted without an explanation.

There is very little case law in Wisconsin analyzing claims for punitive damages. However, understanding the applicable statute, its history, and the small body of case law is important, writes Kristen Scheuerman.

Intellectual property assets are often the backbone of a business, yet may be unprotected. Emilie Rohde provides information to help identify IP assets and practical tips to secure and protect them for your business clients.

After 11 years, the Milwaukee County’s Family Drug Treatment Court has helped parents affected by substance use disorder reunite with their children. Family Drug Treatment Court coordinator Rebecca Foley Cramer discusses the program and its outcomes.

Four sub-entities of the charitable arm of the Roman Catholic Church don’t qualify for an unemployment tax exemption because their activities are secular, the Wisconsin Supreme Court has ruled.

The SEC adopted an amendment that will require public companies to disclose information on climate-related risks, mitigation measures, and environmental targets starting in in fiscal year 2025. Grace D’Souza discusses the final rule mandating Scope 1 and Scope 2 emissions disclosures, which represents a departure from a more all-encompassing proposed rule.

Evolution in wearables and connectivity is changing the criminal justice landscape and maintaining awareness can be the difference between conviction and acquittal, write Sara Waldschmidt and Joy Hammond.

March Madness is a great time to not just unwind and watch a basketball game, but we can also use this time to learn and improve as attorneys. Meghan Teigen discusses the lessons from our hobbies and interests that can benefit our legal practice.

The Wisconsin Interscholastic Athletic Association arbitrarily applied its own rules by disqualifying a high school wrestler from competing in a regional meet after receiving two unsportsmanlike conduct calls at the prior meet, the Wisconsin Court of Appeals has held.

A creditor who waited until after a debtor’s discharge to argue that the debtor’s interest in a company was not worthless waited too long under the bankruptcy rules, the U.S. Court of Appeals for the Seventh Circuit has held.

Any injuries that resulted from a company’s majority shareholder creating an employee stock plan and a nonprofit foundation to handle marketing fell on the company and not minority shareholders, the Wisconsin Court of Appeals has ruled.

Dismissal of a petition for judicial review is warranted where a party failed to physically place the petition in the hands of an agency employee authorized to accept service before the filing deadline ran, the Wisconsin Court of Appeals has held.

The American Bar Association’s Annual Section of Labor and Employment Law Conference never disappoints, writes Andrew Gollin. Learn more about the conference.

The Wisconsin legislature is now in full session. Amy Bradshaw and Sarah Coyne highlight Wisconsin’s approach to surrogate decision-making, involuntary psychiatric holds, abortion, and medical malpractice.

An injured worker who sues under the Federal Employers’ Liability Act need not show that the specific chain of events that led to his or her injury was reasonably foreseeable, the Wisconsin Court of Appeals ruled.

A proposed judgment that included the word “contempt” in its title was not a motion for contempt when it was filed to enforce the terms of an injunction, the Wisconsin Court of Appeals has ruled.

The proper remedy for a prisoner’s failure to timely submit all the documents required to file a writ of certiorari is dismissal of the writ, the Wisconsin Court of Appeals has ruled.

Evidence that a driver had been drinking earlier in the day, had parked illegally, and was drunk when he was arrested was sufficient to sustain a conviction for operating while intoxicated, the Wisconsin Court of Appeals has ruled.

Joining a case management order was not enough to bind a group of plaintiffs to summary judgment decisions against other plaintiffs who’d joined the order where no privity between them existed, the U.S. Court of Appeals for the Seventh Circuit has held.

A police dog’s warrantless search of the interior of a vehicle did not qualify for an instinct exception to the Fourth Amendment, the Wisconsin Court of Appeals has ruled.

A Social Security claimant failed to meet his burden to prove that he was disabled without interruption before he turned 22 because he provided no corroborating evidence for gaps in treatment, the U.S. Court of Appeals for the Seventh Circuit has held.

The National Association for Law Placement recently issued its latest diversity report on race, ethnicity, and gender in the legal profession. Srishti Ponnala discusses the report, which highlights the legal profession’s slow evolution toward a more diverse and inclusive future.

A provision in a constitutional amendment that entitles crime victims to “full restitution” does not entitle victims to restitution in the full amount of their damages, the Wisconsin Court of Appeals (District IV) has ruled.

Lawyers in solo and small firms know the unique challenges that come with their practices. Teresa Kobelt explores the vital role played by nurturing referral sources in sustaining and growing your firms.

At least one in seven people have a family member who is in prison for a year or more – which takes its toll on their family members. Irene Au-Young talks about that impact and how attorneys can help clients with incarcerated family members.

Wisconsin law did not allow a defendant to withdraw a plea when the difference between the actual maximum penalty and the maximum penalty that was miscommunicated to her was only six years, the Wisconsin Court of Appeals has held.

In a recent decision, a NLRB regional director ruled that Dartmouth men’s basketball team members are considered employees under the National Labor Relations Act. Carmen L. Lopez discusses the decision as well as other developments surrounding this issue.

Energy Assistance benefits in Wisconsin can help clients of all ages and backgrounds. Christine J. Huberty discusses how “energy burdens” are higher for low-income, minority, and elderly populations, and provides an overview of energy assistance benefits and eligibility criteria for Wisconsin residents.

A circuit court erred by ruling that whether a party had waived its right to arbitration by its litigation conduct was a decision for the arbitrator rather than the court, the Wisconsin Court of Appeals has ruled.

Iranian nationals who had their visa applications denied because of their service in the Islamic Revolutionary Guards failed to show that consular officials acted in bad faith.

The Wisconsin Supreme Court has ordered that the Wisconsin Elections Commission place former U.S. Representative Dean Phillips’ name on the 2024 presidential primary ballot.

Amid concerns around diversity, equity, and inclusion (DEI) efforts, many law firms are still committed to their organizational framework of DEI through their values, messaging, and culture. Mary Purdy discusses a recent report of DEI efforts across thenation and in Wisconsin.

Here's a tip: “You get what you pay for in terms of title work.” Diane Milligan shares this tip and other insights on the legal issues involving property titles that she learned from a CLE program she attended thanks to the State Bar of Wisconsin Government Lawyers Division.

A state court's decision that a judge’s ex parte message to a jury containing unchallenged factual information was harmless error is not a violation of clearly established federal law, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The Wisconsin Fair Employment Act's prohibition against discriminating against an employee based on an arrest record does not apply to information related to civil charges, the Wisconsin Court of Appeals (District II) has held.

A police dog’s warrantless search of the interior of a vehicle did not qualify for an instinct exception to the Fourth Amendment, the Wisconsin Court of Appeals has ruled.

The events of 2020 provoked quite a few changes in how we practice. How many of these changes have “stuck?” Katelyn P. Sandfort talks about the continuing impact of COVID-19 on the way we practice litigation.

There were many changes to the labor landscape for health care organizations in 2023. Christopher Toner provides a labor law update for health care organizations that employ both union and non-union workforces.

The Wisconsin Court of Appeals did not misapply U.S. Supreme Court precedent by ruling against a defendant who argued that he’d invoked his right to remain silent when he said he had nothing to say about a homicide, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Wisconsin's Parent Support Program pairs former CHIPS parents as mentors for parents currently involved in the system. Clarice Ruehl discusses the program and the impact it makes for parents in the child welfare system.

Courts have many remedies to correct an ongoing contempt by a party intentionally violating a custody and placement order. But is order modification one of them? Comm. Barry Boline discusses the viability of modifying the underlying order as remedy forfor contempt.

Contractors typically expect any disputes will be heard locally and governed by local law. James Dash discusses why you should warn your client that this might not always be true.

A man who applied for asylum in the U.S. and showed he suffered physical attacks in India, based on his politics, still failed to show he’d be persecuted if he were returned, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The word “shall” in a statute setting a 60-day time limit for circuit court review of family law judgments is not mandatory, the Wisconsin Court of Appeals has ruled.

A corporation is entitled to voting eligibility forms created in guardianship proceedings because the forms are public records whose disclosure is not outweighed by public policy concerns, the Wisconsin Court of Appeals has held.

A statute that criminalizes driving with any amount of cocaine metabolites – including non-active ones – in one’s blood is constitutional because it bears a rational relationship to road safety, the Wisconsin Court of Appeals has held.

The Occupational Safety and Health Administration (OSHA) is the most likely venue for filing or defending a whistleblower claim. Will Kramer offers tips to ensure the best representation for your client.

Common complaints from failed home improvement contractor projects include poor workmanship, warranty issues, and contractor theft. Kevin Trost discusses their legal remedies and offers tips on avoiding such issues.

The Family Law Section seeks an amendment to Wis. Stat. chapter 767 to allow divorces without final hearings. Paul Stenzel discusses the proposal and potential benefits, and asks: What are your views on this proposal?

Jan. 3, 2024 – A veteran’s conviction of disorderly conduct for his speech and behavior at a Veterans Affairs clinic did not violate the First Amendment because the clinic is a non-public forum, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A Waukesha County Circuit Court erred by retaining jurisdiction over a bitter and long-running lawsuit about four siblings’ inheritance, the Wisconsin Court of Appeals has ruled in a per curiam decision.

State law bars claims by landowners who filed a lawsuit within three years of discovering flooding on their property but 15 years after the culvert that allegedly caused the flooding was installed, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has upheld a decision by an administrative law judge that reversed the Department of Natural Resources’ decision to grant a wetland permit for a golf course development.

The Wisconsin Supreme Court (4-3) has struck down the state’s legislative maps, concluding they violate the contiguity requirement established by Sections 4 and 5 of Article IV of the Wisconsin Constitution.

How do you balance protecting your client and following your professional ethical requirements when they conflict? Amanda R.R. Mayer provides some insight into working with clients who lie.

'State v. A.G.' clarified the law on TPR plea colloquies in some ways but did not resolve the question of what the burden of proof is at TPR disposition – if there is any burden of proof beyond the child’s best interests, write Jenni Spies Karas andCourtney Roelandts.

Sections of Wisconsin’s hunter harassment law that prohibit approaching or video-recording hunters are unconstitutionally overbroad and vague, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Statements an eight-year-old girl made to a nurse and a doctor in the presence of a police officer were made to seek medical care and were thus non-testimonial for Confrontation Clause purposes, the Wisconsin Court of Appeals has held

The Wisconsin Supreme Court has named Milwaukee County Circuit Court Judge Audrey Skwierawski as the Director of State Courts.

The Wisconsin enhanced prescription drug monitoring program (ePDMP) helps combat the opioid crisis. It is successful if both dispensers and prescribing practitioners comply. Failing to comply hurts patients and has licensing and criminal consequences for the practitioners, writes Kristen Nelson.

As privacy law continues to develop and change, an effective privacy program remains an important method for businesses to maintain compliance. Peter Trotter discusses the key components of creating and maintaining an effective privacy program forbusinesses and firms.

Substance abuse accusations are often at the forefront of family court cases. What statute authority do courts have to order drug testing? Kathleen Hessel discusses the issue – and the reasoning to do so.

The Equal Employment Opportunity Commission has not updated its enforcement guidance on unlawful workplace harassment in over two decades – and now offers a proposed update. Kate O’Malley discusses the changes the proposed guidance may bring.

When is it OK to remove timber in an easement? Jason Brasch discusses the intersection of access easement and timber rights – and says that timber removal is best addressed in the written easement.

The communication landscape has shifted dramatically in the past decade, yet many lawyers and law firms still communicate via legacy mediums. Jacob Haller says that, to meet clients where they are at, attorneys should be sure to broaden theircommunication platforms.

Approximately 2.4 million funerals take place in the United States annually and the numbers are rising. Unfortunately, they also create more opportunities for motor vehicle accidents involving vehicles in a funeral procession. Megan McKenzie offers tips for defending claims and lawsuits from funeral procession accidents.

A corporation is not entitled to voting eligibility forms created as part of guardianship proceedings because the forms are pertinent to guardianship proceedings and are closed under a state statute, the Wisconsin Court of Appeal has ruled.

De novo review, rather than certiorari review, is the proper form of review for a circuit court hearing a challenge to a municipality’s disallowance of a property tax exemption, the Wisconsin Court of Appeals has ruled.

A building owner who failed to challenge a city’s determination that the cost to repair the building was more than half its value and had no right to repair the building, the Wisconsin Court of Appeals has held.

A federal district court considered a defendant’s mitigation argument when it sentenced her to 18 months in prison, including the potential risk of violence against her as a transgender woman, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A credit card company disclosed information about a debtor to a mail vendor, but that action did not give the debtor standing to sue the credit card company in federal court, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The Supplemental Security Income program has the strictest asset limits of any federal program, keeping recipients below the poverty line and unable to cover basic living expenses. Kelsey Brown discusses debated topics regarding the limitations thethe program puts on recipients.

Yes, terminated employees may still be eligible to claim short- and long-term disability benefits. Naomi Swain answers questions about when an employee may access disability insurance coverage after they leave employment.

Companies are caught between realizing the benefits of a diverse workforce and the potential of a lawsuit for engaging in discriminatory practices. Nadelle Grossman discusses those competing considerations and how companies can find ways to furthersupport DEI goals.

On July 1, 2023, the Wisconsin Medical Examining Board enacted changes to chaperone policies for self-employed physicians. Meghan Wallace discusses the requirements of the new rule and the considerable differences between the original proposed rule and the final rule.

The five-day limit established in state law for executing a search warrant does not apply to the time it takes to analyze evidence seized under the warrant, the Wisconsin Court of Appeals District IV has ruled.

A credit union violated the duty of good faith and fair dealing by adding a retroactive arbitration clause and class action waiver provision into its membership agreement, the Wisconsin Court of Appeals District III has ruled .