Jan. 3, 2012 – A binding arbitration provision that barred a Wisconsin consumer from pursuing a class-action lawsuit against a payday loan lender is indeed enforceable.
Dec. 29, 2011 – It's an understatement to say this past year was a busy one for Wisconsin law and politics (and sports!). Through its online publication, InsideTrack, and with the help of contributing attorneys, the State Bar of Wisconsin brought in-depth coverage of the issues affecting lawyers, their clients, and the public. Here are the top 10 articles from 2011.
Dec. 28, 2011 – A state appeals court recently examined a "complicated" employment arrangement to affirm that a company in the business of loaning employees was not considered a "temporary help agency" for worker's compensation purposes.
Dec. 27, 2011 – The probable cause that police must obtain to legally breath test drivers is less onerous if the driver is subject to laws prohibiting a lowered alcohol concentration (PAC) level, the Wisconsin Supreme Court recently concluded.
Dec. 22, 2011 – In condemnation proceedings, the government is allowed to introduce evidence of environmental contamination and future remediation costs to reduce the just compensation it must pay to a property owner, the Wisconsin Supreme Court has ruled.
Dec. 20, 2011 – A three-judge panel for Seventh Circuit Court of Appeals recently "closed the book" on a years-long, multi-suit squabble between corporate officers, a corporate creditor, and a receiver appointed to preserve the corporation's assets for ultimate distribution.
Dec. 19, 2011 – A former S.C. Johnson & Son Inc. tax employee who claims he was fired for reporting an alleged tax fraud scheme has overcome the defendants' motion to dismiss the federal claims under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Dec. 15, 2011 – A Mexican national who pled guilty to second-degree sexual assault of a child 18 years ago and served his prison sentence wants to withdraw his plea to avoid deportation. The Wisconsin Supreme Court, which accepted review of four new cases, will decide if he can.
Dec. 14, 2011 – It was unlawful for a police officer to open opaque vials found "in plain view" while searching the defendant's van, a state appeals court has ruled. That means defendant Damon Sutton's conviction for possessing ecstasy with intent to deliver is reversed.
State Bar members will elect a president-elect, a secretary, and a Judicial Council Representative this spring. Read officer candidate statements. District governor and division presidents-elect deadlines near.
Dec. 13, 2011 – Lawyers admitted to practice law in Wisconsin in an odd-numbered year have until Feb. 1, 2012 to obtain the 30 continuing legal education (CLE) credits required to maintain good standing. Haven’t yet earned those credits? There are still plenty of opportunities to do so.
Dec. 12, 2011 – By order of the Wisconsin Supreme Court, a public hearing will be held Jan. 11, 2012 on petition 11-03, which seeks to repeal and recreate Wisconsin Supreme Court Rules 70.38-70.39 relating to court security and facilities.
Dec. 9, 2011 – A consumer who claims he did not receive the requisite number of documents at his mortgage loan closing will have an opportunity to make that case to a federal jury, a panel for the U.S. Court of Appeals for the Seventh Circuit has ruled.
Dec. 9, 2011 – In the December Wisconsin Lawyer, now available online and in mailboxes soon, Madison attorneys Michael Skindrud and Todd Cleary outline what attorneys should know about health care reform for themselves, their employees, and their business clients.
Dec. 6, 2011 – A commercial dating service business, originally sued by the state back in 2009 for violations of various consumer protection laws, won’t have the benefit of insurance defense.
Dec. 2, 2011 – The State Bar of Wisconsin will co-sponsor a resolution to promote equality for disabled individuals who apply for and take the Law School Admissions Test (LSAT), the State Bar’s Board of Governors decided today in its meeting at the State Bar Center in Madison.
Dec. 1, 2011 – A newly purchased home that was under renovation when destroyed by explosion and subsequent fire is fully covered by insurance, although the homeowners had never spent the night there, a state appeals court recently ruled.
Nov. 30, 2011 – A prolific late-night infomercial salesman turned author must pay $37.6 million to consumers for misrepresenting the content of his bestselling book, the U.S. Court of Appeals for the Seventh Circuit recently ruled.
Nov. 29, 2011 – A state appeals court refused to dismiss medical malpractice case based on a statute that demands claim notices against state employees, agents, or officers be sent to the attorney general at his or her "office in the capitol" by certified mail.
Nov. 28, 2011 – A state appeals court has asked the Wisconsin Supreme Court to clarify the Wisconsin Public Service Commission’s (PSC) review and approval process for public utility proposals that seek to build out-of-state facilities serving Wisconsin.