The Wisconsin Supreme Court’s 2016 decision in Roberts v. T.H.E. Ins. Co. shows that the justices disagree on the limits of the recreational liability statute, but overall their standards still favor injured parties, especially in situations in which waivers are deficient, in substance or process. The author discusses challenges practitioners face following Roberts and offers practice tips.
Oregon is addressing an access to justice problem with regulatory rule changes that embrace the virtual legal marketplace, including providers like Avvo. Other states have gone the opposite direction, issuing ethics opinions prohibiting such engagement. Wisconsin has not yet issued a formal position via ethics opinion or otherwise.
Every year, many Wisconsin residents contact the state with complaints about negative consumer experiences. This article sketches out the state’s consumer protection apparatus, identifies the most common types of complaints, and suggests best practices for consumers to work out disagreements with businesses.
The sheer scope and complexity of consumer law is daunting for consumers and practitioners. Consumer protection provisions are scattered among many different statutes and administrative code chapters, but the responsibility for enforcing them rests among several administrative agencies, often with overlapping jurisdiction. Here is an overview of Wisconsin consumer protection laws, and the regulatory agencies responsible for them.
Our justice system needs competent lawyers willing to pursue consumer law claims for individuals who have been victimized by predatory economic practices. Here is a look at a consumer law practice, federal and state consumer protection laws, and how lawyers can obtain an award of attorney fees based on the fee-shifting provisions in consumer protection statutes.
After numerous delays, the U.S. Department of Labor has now partially implemented a new fiduciary rule for financial professionals providing investment services to retirement plans. Drew Parrish discusses the new fiduciary rule, its implementation status, and how the rule will apply.
Fishing, boating, camping, festivals and concerts, cooling off at a water park – all usual activities of summer in Wisconsin. But what happens when something goes wrong? Here are resources to help with your research into tourism and hospitality law.
Advances in assistive reproductive technology are giving new options for parentage to individuals who are in same-sex marriages, are dealing with infertility, or both. But Wisconsin law is not keeping pace. To resolve disputes when a surrogacy agreement falls apart and grant parent status, the author proposes that Wisconsin courts use an “intended-parent” test.
The Wisconsin Statutes now prohibit local governments from imposing or enforcing time-of-sale requirements on the sale of real estate and other local ordinances affecting real estate transactions. Because the old requirements remain on the books, and appear on the mandated offer to purchase form, lawyers must ensure buyers and sellers are on the same page.
Nursing-home residents and their families may, by signing on the dotted line, lose their ability to take care and treatment disputes to court. The authors discuss characteristics of the typical nursing-home admission process and the enforceability of arbitration provisions in nursing-home admission agreements.
For players in the ever-expanding food and beverage market, health-related labels, the rise of craft breweries, and new food-safety laws require the assistance of savvy counsel. This article looks at food and beverage laws, giving a glimpse into the challenges and opportunities that face this dynamic industry.
One practice area lawyers cannot afford to ignore is bankruptcy. Because of bankruptcy courts’ broad jurisdiction, a wide variety of cases can be implicated, including evictions, foreclosures, the validity of and right to payment from trusts, consumer protection laws, defamation, and domestic support arrears.
Real-life vacant houses don’t shelter ghosts or poltergeists, but the problems they cause can be as daunting to vanquish as any fictional apparition. A recent supreme court case illuminates the effect of zombie properties on homeowners, lenders, and surrounding communities. Although the decision offers some resolutions, many questions remain.
Laws protecting and rewarding employees or other individuals who report companies’ internal problems present risks of legal, financial, and business reputational costs and damage too large for all entities, even the smallest, to ignore. This article offers suggestions for managing risk based on the hard lessons learned by companies exposed to enforcement action.
The Internet marketplaces has changed the retail landscape, and many believe the time has come to update the sales tax treatment of e-commerce transactions crossing state lines. This article presents an overview of sales and use taxation, the current tax treatment of e-commerce transactions across state lines, and potential legislation and judicial action related to e-commerce retailers.
Dec. 3, 2014 – Serving and consuming alcohol beverages is part of many people’s year-end holiday celebrations. But regulation of alcohol beverages is an issue year-round for businesses that produce, transport, and sell them and for governmental officials who monitor these activities. PINNACLE’s Alcohol Beverages Regulation in Wisconsin, newly supplemented in 2014, will help you unmuddy the waters for private and public clients.
Increasingly, the U.S. Supreme Court has interpreted the Federal Arbitration Act to apply to parties of unequal bargaining power, making it more difficult for individuals and businesses subject to adhesion contracts to exercise their legal rights.
Rhinelander High School captured its 17th high school mock trial state title yesterday after defeating Shorewood High School in a very close final round judged by six members of the Wisconsin Supreme Court. The team will now advance to the National High School Mock Trial Tournament, May 8-10 in Madison.
Amendments to Article 9 of the Uniform Commercial Code, which deals with security interests in most types of personal property and fixtures, took effect on July 1, 2013. The authors describe the types of property and transactions to which Article 9 applies, explain key terms, and provide tips to help you counsel your creditor and debtor clients.