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.
New rules effective after Dec. 31, 2017, not only will affect clients, but also potentially the entity in which the law firm itself conducts business. Existing partnership instruments likely will need to be modified. Here’s what you need to know.
July 6, 2017 – Golf professionals (Golf Pros) that oversee public golf courses in Madison hit a nice approach in their lawsuit against the city, which declined to renew their contracts, winning an argument that the city is subject to the Wisconsin Fair Dealership Law (WFDL).
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.
Are you a lawyer who regularly engages in debt collection activities on behalf of clients? If so, be aware that your legal pleadings are subject to the Fair Debt Collections Practices Act, under a recent decision from the Seventh Circuit Court of Appeals.
Ensure the validity of real estate conveyances when you and clients electronically dot your i’s and cross your t’s. This article highlights major sources of law concerning e-transactions, Wisconsin Realtors Association forms, and federal laws. It also identifies inconsistencies and potential hazards that could cause a transaction to be found invalid.
Lawyers who practice “arts law” represent individuals and entertainment-industry businesses but also any business that uses visual images – and other types of creative works – on its products or as part of its marketing or advertising. This article identifies the key considerations for individuals who create art and businesses that buy, commission, or use visual images.
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.
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.
Defending a corporation and its board in shareholder litigation can be the equivalent of playing one football game on two (or more) different fields. Exclusive-venue provisions help corporations reduce the costs of lawsuits by restricting the number of forums. While such provisions have largely been a Delaware phenomenon, they also may benefit companies incorporated in Wisconsin.
The City of La Crosse passed an ordinance requiring landlords to participate in an inspection and registration program, and to give tenants proper notice regarding city inspections. Recently, a state appeals court struck the ordinance’s provisions on noti ce to tenants, concluding they are preempted by state law.-->
March 18, 2015 – Travel season brings rest and relaxation, but also the potential for tourist scams. In this article, consumer attorneys Ivan Hannibal and Mary Catherine Fons explain the typical timeshare scam, and the legal claims available to help remedy bad situations.
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.