News & Pubs Archives

The American Bar Association (ABA) recently issued Formal Opinion 512 on the use of generative artificial intelligence tools. Paul Curtis discusses the 15-page opinion, which addresses the use of generative artificial intelligence in the practice of law.

From understanding gender dysphoria to advocating for transgender rights, my journey as a lawyer and the mother of a transgender son has been transformative, writes Heidi Mangelsen.

Meticulous preparation is the cornerstone of success when negotiating commercial contracts for your client. Sam Wayne offers practical tips and insights to empower you to negotiate contracts with confidence.

The Supreme Court in its decision in State v. R.A.M. found “egregiousness” triggers the waiver of counsel statute in Wis. Stat. chapter 48. Courtney Roelandts discusses the ruling and cautions that trial courts need to be careful to disavow the application of this section where not intended.

A party seeking health insurance coverage for autism-related medical treatment has lost an appeal at the Seventh Circuit Court of Appeals, in Midthun-Hensen v. Group Health Cooperative of South Central Wisconsin.

A county zoning ordinance requiring cellphone towers to be at least one-half mile apart is preempted by state law, the Wisconsin Court of Appeals (District IV) has ruled in Savich v. Columbia County Board of Adjustment.

A plaintiff’s failure to honestly and meaningfully address a question of appellate jurisdiction under 28 U.S.C. section 2107 rendered his appeal frivolous, the U.S. Court of Appeals for the Seventh Circuit has ruled..

In a case of first impression, the Wisconsin Court of Appeals (District III) has applied the other-acts evidence statute to a sexual assault case.

The FBI was not required to seek a warrant before obtaining cell phone data on an armed man heading toward the site of civil unrest because of exigent circumstances, the U.S. Court of Appeals for the Seventh Circuit has held in U.S. v. Karmo.

Whether the right to counsel had attached at a probable cause hearing wasn’t a settled matter of law, meaning an attorney wasn’t deficient when he failed to object to a lineup identification that occurred without counsel present, the Wisconsin Court ofAppeals (District I) has ruled.

Continuing Lawyer Education (CLE) credits are an inevitable yet essential component of one’s legal practice. Kelly Gorman discusses additional opportunities to earn CLE credit.

Lawyers are needed to help their colleagues in a vital role – as a Wisconsin Lawyers Assistance Program Volunteer Monitor. Training is Oct. 11 – apply by Sept. 16.

Farm bankruptcies are down. David Krekeler explores why that is and the differences between Chapter 12 and Subchapter V filings.

In 2011, Act 10 stripped away most collective bargaining rights from public sector labor unions, but a new case seeks to have it blocked. Martin Kuhn explores the history of Act 10 and offers insight on what may be next.

The Wisconsin Elections Commission properly applied a substantial compliance standard when accepting nomination papers that were blurred and omitted some words, the Wisconsin Court of Appeals has ruled.

A district court did not err by denying a motion for sanctions against attorneys for plaintiffs who sued a company with an inaccurate timekeeping system, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Statements from a juvenile who was subjected to psychological pressure by police in three interviews conducted over 26 hours must be suppressed, the Wisconsin Court of Appeals has ruled

A company that twice promptly re-assigned an employee after he’d complained about racial harassment by his supervisors did not create a hostile work environment, the U.S. Court of Appeals for the Seventh Circuit has ruled.

With the 2023-24 Wisconsin legislative session concluded, several bills were signed into law that affect the construction industry. John Schulze discusses the new laws and the areas they impact.

When attorneys encounter bad legal advice on social media, what should they do? Sarah Bondar says that sometimes being helpful can cause problems, and that the reward does not outweigh the risk.

There are strict requirements for those seeking to make claims for injury or damages against a governmental body and employees. Bryn Baker discusses the statutory notice requirements for these claims.

Wisconsin’s “right to farm” law does not bar a lawsuit over the alleged failure to repair an agricultural drainage tile system, the Wisconsin Court of Appeals has ruled.

Evidence of new treatment for post-traumatic stress disorder is a new and highly relevant sentencing factor for a defendant convicted of homicide, the Wisconsin Court of Appeals has held.

Absentee ballots must be witnessed in Wisconsin, and the witness must provide an “address” on the witness certification. Recently, a state appeals court upheld a circuit court’s definition of “address” but clarified the standard for applying it.

In a 4-3 decision, the Wisconsin Supreme Court has overruled a 2022 decision that held ballot drop boxes were illegal.

Recommitment and involuntary medication hearing notices must be served on the subject of the hearings, not only his or her attorney, the Wisconsin Supreme Court has ruled.

A statute authorizing the legislature’s Joint Finance Committee to temporarily block the Department of Natural Resources’ spending of legislatively appropriated funds violates the Wisconsin Constitution’s separation of powers provision, the Wisconsin Supreme Court has ruled.

A mediation term sheet created as a prelude to a final settlement agreement is unenforceable because several of its material terms are indefinite, the Wisconsin Court of Appeals has ruled in an unpublished opinion.

A federal district court did not err when it declined to credit a defendant’s acceptance of responsibility after he spent most of his allocution shifting blame and complaining about the prosecution, the U.S. Court of Appeals for the Seventh Circuit has held.

A circuit court improperly entered an injunction against an anti-abortion protestor who repeatedly made intimidating statements to a nurse who worked at a clinic, the Wisconsin Supreme Court has ruled.

A circuit court did not err by relying in part on an adoptive parent’s promise when deciding to terminate the parental rights of a birth parent, the Wisconsin Supreme Court has ruled.

Attorneys can help pharmacists navigate their statutorily defined duties and scope of practice, which are constantly evolving. Alexandra Guzek provides an overview of the statutes governing pharmacy practice Wisconsin and how standing orders and collaborative practice agreements can expand pharmacists' scope of practice.

The strength and preparation of your expert witnesses can make or break your case, says Corey Lorenz. Preparation should begin early in the case and continue through trial.

A woman who reported payments, but not gross income, from self-employment when applying for unemployment benefits was overpaid, the Wisconsin Court of Appeals has held.

A classic line from William Shakespeare is a statement of how important lawyers are in maintaining our democracy and the rule of law, writes Bruce Tammi, who suggests a way that lawyers can do just that.

Attorneys who bring civil claims on behalf of a cognitively impaired client need to be aware of their ethical duties in communicating with and representing these clients, writes Nicholas Watt, who also discusses the Rules of Civil Procedure that govern these clients' representation.

A special verdict did not err by precluding a jury from considering a plaintiff’s post-accident conduct when apportioning liability, the Wisconsin Court of Appeals has held.

A circuit court must wait at least two days before adjudicating the dispositional phase of a termination-of-parental-rights trial when the parent has failed to appear, the Wisconsin Supreme Court has held.

Statutes that bar municipalities from condemning land for pedestrian walkways do not apply to sidewalks, the Wisconsin Supreme Court has held.

A police officer who saw no signs of drowsiness or intoxication in a driver he stopped was not justified in extending the traffic stop and ordering the driver out of the car, the Wisconsin Supreme Court has ruled.

Colorblindness and a lack of cultural competency pose significant threats to children who are transracially adopted. Law student Payton Altman discusses the history and issues surrounding transracial adoptions.

What is the economic outlook for the rest of 2024 and into 2025? Lanre Abiola discusses current and possibly future trends for business and corporations, including law firms.

Gaining mental health literacy can help lawyers not only understand their clients better, but also boost their own ability to practice. Sociologist Amber Ault, LCSW, State Bar WisLAP manager, discusses what lawyers learned at a recent CLE program – the ones participants say every law student and lawyer should know.

A man convicted of a domestic violence misdemeanor is prohibited from buying a gun under federal law even though a state court had expunged the conviction, the Wisconsin Court of Appeals has held.

An agency order prohibiting certain energy market bids that was issued without following rulemaking procedures was an invalid rule because it had the effect of law and implemented state statutes, the Wisconsin Court of Appeals has ruled.

It was not prosecutorial misconduct for a prosecutor to ask a probation agent to stall a criminal defendant on the day of trial while the prosecutor attempted to locate a witness, the Wisconsin Court of Appeals has a ruled in an unpublished opinion.

A criminal defendant was prejudiced by an expert witness’s testimony that only 1% of the evidence in child sexual abuse reports is false, the Wisconsin Court of Appeals has held in an unpublished opinion.

A motion for relief from two default judgments was not timely when it was filed seven months after entry of the judgment, the Wisconsin Court of Appeals has ruled in an unpublished opinion.

The Federal Trade Commission's ban on noncompete agreements may take effect Sept. 4. Tom O’Day and Audrey Merkel discuss the impact the ban could have on the health care industry and what employers can do now to prepare.

Legal documents can now be signed and witnessed remotely. Heather Poster discusses the new rules and offers tips and advice on incorporating remote notarization and witnessing of estate planning documents into your practice.

Wisconsin Supreme Court Chief Justice Annette Ziegler has appointed a committee to address the continuing shortage of attorneys across Wisconsin.

A complaint stating the existence of a dispute over the appraisal of an insured loss and that one party refused to abide by the insurance contract’s appraisal clause was sufficient to withstand a motion to dismiss for failure to state a claim, the Wisconsin Court of Appeals has held.

The U.S. Court of Appeals for the Seventh Circuit has allowed a lawsuit to proceed against two Wisconsin Department of Corrections officials who failed to correct an erroneous probation sentence.

Racine’s mayor did not violate the First Amendment when he denied COVID-19 relief funds to a businessman because the businessman attended a rally protesting Gov. Evers’ “Safer at Home” order, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The U.S. Court of Appeals for the Seventh Circuit has ruled that a man convicted of homicide but held without any meaningful appeal for 28 years must be released unless the State of Wisconsin grants him a new trial within two months.

The statute that limits punitive damages to twice recovered damages applies to the total amount of compensatory damages, not only the amount attributable to a single defendant, the Wisconsin Court of Appeals has ruled.

Vacant land sales hold legal landmines for both parties and their attorneys. Erik Monson discusses how to research and respond to three particular issues that can result in claims and lawsuits.

The Equal Employment Opportunity Commission recently issued its final enforcement guidance on unlawful workplace harassment. Kate O’Malley discusses noteworthy updates between the proposed and the final guidance documents on sex-based harassment and on free speech and religious views.

A federal district court was correct to dismiss a takings lawsuit that was parallel to a previously filed state lawsuit challenging a taking related to the aborted Foxconn development, the U.S. Court of Appeals for the Seventh Circuit has held.

A Costco in the Green Bay area did not violate the Wisconsin Unfair Sales Act by lowering its gas prices to the non-posted prices offered by stations under a customer rewards program, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Do you like helping people? Wondering how to get involved in public interest law? Kelsey Brown discusses ways law students and Wisconsin lawyers can participate in public interest law volunteer opportunities.

A DNA profile developed from saliva on an envelope that a suspect willingly gave to a police officer was lawfully obtained, the Wisconsin Court of Appeals has ruled.

A village acted rationally when requiring a developer to commit to building an access road and perform other actions before granting a proposed land division, the U.S Court of Appeals for the Seventh Circuit has held

The Wisconsin Supreme Court’s dismissal of another case – because review was improvidently granted – has sparked a new round of debate between the justices about whether such dismissals should be accompanied by an explanation.

A case currently under review by the Wisconsin Supreme Court begs the question: Can a trial court accidentally find that a parent has waived their right to counsel by simply entering default judgment and uttering the word “egregious?” Jenni Spies Karas Courtney Roelandts discuss _State v. R.A.M._.

Joint custody in Wisconsin has evolved. Karyn Gimbel Youso discusses the history of joint custody, including a recent unpublished case that she believes represents the correct application of current law.

Research confirms that lawyers report greater levels of vicarious trauma than mental health professionals, writes Amber Ault, State Bar WisLAP manager and a licensed mental health worker. She discusses ideas about why that’s so and offers tips to help youmitigate the stress and trauma that can be a part of your practice.

A criminal defendant’s request for judicial substitution was timely even though it was made before the case was bound over, the Wisconsin Court of Appeals has ruled.

A landlord violated the Wisconsin Consumers Act by serving an eviction notice on a tenant during a 60-day moratorium on evictions for failure to pay rent, the Wisconsin Court of Appeals has held.

The fact that a criminal defendant’s lawyer previously presided over his preliminary hearing does not entitle the defendant to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The Wisconsin Supreme Court has unanimously turned down a challenge to the state adoption law filed by a man who argued that the law’s requirement that an adoptive parent be married to the child’s parent violates the state and feder

Double counting – dividing an asset for property and as income available for maintenance – is generally prohibited. A more nuanced review of the rule and case law reveals important exceptions, writes David Kowalski.

The Wisconsin Supreme Court has rejected the due process claims of a Milwaukee police officer whose employment was terminated after he posted offensive Facebook posts about then-Milwaukee Bucks basketball player Sterling Brown.

Several federal agencies in 2023 proposed a new rule to address treatment challenges to the growing mental health and substance use crises in the U.S. Elicia Grilley Green and Noreen K. Vergara discuss the new proposed rule to enforce the Mental HealthParity and Addiction Equity Act (MHPAEA).

Wis. Stat. section 102.35(3) provides a penalty of up to one year’s wages for employers who fail to rehire injured workers where suitable work is available within their restrictions. Naomi Swain discusses the elements necessary for such a claim and important practice points for counsel.

The State Bar of Wisconsin Lawyers Assistance Program (WisLAP) is a mental health and wellness resource available to all Wisconsin attorneys as well as an opportunity for lawyers to get involved in volunteer efforts and peer-to-peer support.

Your mental and emotional health are just as important as your intellect when practicing law, writes Amber Ault, State Bar WisLAP manager. Find out why – and how the State Bar can help you with this vital component of a successful practice.

In rural Wisconsin, attorneys face inadequate access to resources and overburdened calendars. Jody L. Cooper discusses how lawyers can harness the power of remote paralegals.

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.

Daniel Graff, U.W. 1994, is a staff attorney for Wisconsin Department of Transportation’s Office of General Counsel. His practice includes public records, personnel law, various state patrol matters, and regulation of licensed motor vehicle dealers and buyers.

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 .

Many estate-planning clients seem to be destroying their well thought-out estate plans by using nonprobate transfers, instead of relying on their existing estate plan documents. Andrew Falkowski explains why the increased use of nonprobate transfers is a major thorn in the side of estate-planning attorneys.

An assistant district attorney may not appeal an order finding him in contempt for inviting a victim to a trial despite a trial court’s order sequestering the victims until they testified, the Wisconsin Court of Appeals has ruled.

Portability in estate and gift taxation allows surviving spouses to combine their own exemption with the unused exemption of their deceased spouse, potentially saving millions in estate taxes. Evan Lin discusses the benefits and drawbacks of electingportability – a complex process that is time-sensitive and requires careful consideration.

Obtaining correct identity documents is critically important to everyone, especially LGBTQ+ people. Evan McCarthy discusses how to petition to change a legal name and gender marker on identity documents in Wisconsin.

Statements made by a decedent two years after he created joint bank accounts with one of his daughters are admissible to help determine his intent in creating the accounts, the Wisconsin Court of Appeals District has ruled.

A city zoning ordinance that requires treating building glass is not subject to a state law that preempts municipalities from enacting building provisions stricter than the state building code, the Wisconsin Court of Appeals has ruled.

The Wisconsin Supreme Court has added two cases to its docket. Cases involve whether Amazon delivery drivers qualify as “employees” for purposes of unemployment insurance benefits and the condemnation powers of municipal governments.

The recent decision by the U.S. Supreme Court in Haaland v. Brackeen validated the Indian Child Welfare Act. Jennah Curtin discusses the case and decision on adoption practices involving Indian children.

The 60-day deadline for ruling on a defendant’s answer to a forfeiture complaint begins to run only after the defendant has been convicted of a charge that was the basis for the forfeiture, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has ruled on public policy grounds that a hospital cannot be liable for a nurse’s alleged administration of medication to a patient before the patient gave informed consent.

A criminal defendant failed to show that a detective and a prosecutor violated a clearly established constitutional right by excluding from the complaint details that implicated the victim’s credibility, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A town ordinance that prohibits registered sex offenders from living within 1.25 miles of locations where children gather does not violate the U.S. Constitution’s Ex Post Facto clause, the U.S. Court of Appeals for the Seventh Circuit has ruled.

State law authorizes a city to charge municipalities a monthly license fee for sewage treatment services, the Wisconsin Court of Appeals has ruled.

Plaintiffs whose driver’s license numbers were disclosed by an insurance company’s website lacked standing to bring a lawsuit under the Driver’s Privacy Protection Act, the U.S. Court of Appeals for the Seventh Circuit has ruled.

In a recent decision, the National Labor Relations Board made it easier for unions to establish majority support without conducting a Board-supervised secret-ballot election. Peter L. Albrecht discusses the NLRB’s decision in Cemex Construction Materials.

The new Corporate Transparency Act places new reporting requirements on many companies and their “beneficial owners” as of Jan. 1, 2024. While there are exceptions to its coverage, most small and midsized Wisconsin companies will have to comply, writes Alexander (Sandie) Pendleton.

While verbal agricultural leases are legal and common in Wisconsin, there are distinct advantage to written leases. Carrie Werle discusses both lease types and why agricultural landowners should use written leases for their tenants.

Ensuring that downstream contractors and suppliers have adequate insurance coverage is a crucial aspect of risk management in the construction industry. Brendan Bush outlines steps construction companies should take to ensure proper insurance coverage fortheir downstream partners.

The Government Lawyers Division welcomes you to its new blog, featuring articles delivering valuable information on issues important to attorneys engaged in government law.

The applicable statute of limitations bars a claim for negligent road maintenance that a bicyclist filed against the Town of Cedarburg, the Wisconsin Court of Appeals has ruled.

An airplane insurance policy authorized an insurer to deny coverage because the pilot didn’t have a medical certificate from the Federal Aviation Administration when he crashed, the U.S. Court of Appeals for the Seventh Circuit has ruled.

An inmate’s claim that a prison security official violated the inmate’s due process rights by improperly influencing the official adjudicating charges against him should have survived summary judgment, the U.S. Court of Appeals for the Seventh Circuit hasruled.

As a first-time attendee of the State Bar Annual Meeting & Conference, I expected to learn useful information about new developments in law. I was not expecting to be moved (and well, to cry) by the final speaker who motivated us to find our inner resilience, or be inspired by the service of the State Bar’s leadership and staff, writes Sarah Ratayczak.

The Tailored Dispositional Orders Project is being led by the Children’s Court Improvement Program (CCIP) and the Department of Children and Families (DCF) and aims to improve outcomes for CHIPS and Youth Justice cases. The project is now being expanded statewide.

An insurer for a company that allegedly damaged a dairy herd by substituting a feed mix component is not entitled to summary judgment because the substitution was not accidental, the Wisconsin Court of Appeals has ruled.

A circuit court properly entered a default judgment against a county zoning board of appeals that failed to respond to a complaint seeking an order granting a writ of certiorari, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has ruled that a statute that prohibits misleading advertising is not limited to advertisements made to Wisconsin residents.

Lawyers who serve as guardians ad litem often work with children with disabilities in the child welfare system. Jennifer Lehner analyzes strategies to improve outcomes for these children and their families and help GALs to better act in the child’s bestinterest.

The work-from-home revolution has proven it is here to stay. Brandon Jubelirer discusses how the Wisconsin Worker’s Compensation Act approaches compensability for at-home work injuries.

A man who died unloading a trailer was operating a motor vehicle, and the two-year statute of limitations applied to a wrongful death lawsuit filed by his estate, the Wisconsin Court of Appeals has ruled.

In light of the recent U.S. Supreme Court decision in 'Sackett v. EPA,' the landscape of wetland protections in Wisconsin has changed. Rebecca Wiebke explores the ramifications of the Sackett ruling on Wisconsin's wetlands.

The warrantless seizure of a man on his front porch on suspicion that he’d been involved in a hit-and-run collision violated the Fourth Amendment’s warrant requirement, the Wisconsin Court of Appeals District IV has ruled.

A suspect who said “So, y’all can get a public pretender now?” during a police interrogation did not unequivocally invoke his Fifth Amendment right to counsel and is not entitled to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled.

An attorney who wrote a book about a 2005 murder that his client was convicted of committing has successfully defended a defamation claim brought by the client’s husband, under a decision issued by the Wisconsin Court of Appeals.

If there is serious doubt about an opposing party’s competence, attorneys should protect their client by filing a motion and bringing the issue of incompetence before the circuit court, writes Comm. Barry Boline. Learn more about the procedure andand applicable statutes.

When a person possesses two or more characteristics that together result in discrimination, that is intersectional discrimination. Scott Small discusses intersectional discrimination theory and how it applies to claims under the Wisconsin Fair Employment Act.

With COVID-19 Form I-9 flexibilities now ended, employers must physically inspect all I-9 documents that had been remotely inspected during the pandemic. Samantha Bethel details how in-person Form I-9 inspections should be handled.

Recent decisions on race-based criteria for college admissions indicate how the U.S. Supreme Court may interpret similar provisions under Title VII of the Civil Rights Act of 1964. Clyde Tinnen details the decisions and advises businesses to review the compliance of their diversity, equity, and inclusion initiatives with Title VII.

Your clients’ planning goals are affected by their unique cultural histories and circumstances – are you asking the questions that allow you to best serve them? Iris Christenson discusses the considerations for elder law and health law attorneys to gain multicultural competence.

A recent appeals court decision addresses how much notice an employer must receive from an employee before initiating the reasonable accommodation process. Storm B. Larson, Jennifer S. Mirus, Douglas E. Witte, Brian P. Goodman discuss the decision andimplications for employers.

A felon who found himself mistakenly in possession of a firearm was not entitled to present an innocent possession defense because he didn’t immediately seek to return the firearm to the police, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A police officer’s complaints about his new chief, aired before a city’s police and fire commission, were made in his public capacity and as such were not protected by the First Amendment, the U.S. Court of Appeals for the Seventh Circuit has ruled.

An invasion of privacy claim brought by a union member against his employer in state court is preempted by federal law, the Wisconsin Court of Appeals has ruled.

A non-profit organization founded to support the DNR in its activities related to a state park has both capacity and standing the sue the agency, the Wisconsin Court of Appeals has ruled.

The proposed H.R. 7213 bill and 2021 Wisconsin Act 98 expands provider status for pharmacists. Alexandra Guzek discusses the benefits and possible impact on pharmacists and communities.

Business succession planning is an essential part of ensuring any business’s continuity for the next generation. Curtis Walther and Thomas Moniz discuss the benefits of using life insurance planning as part of a succession plan.

A circuit court told a parent the wrong evidentiary standard it would use in deciding whether to terminate his parental rights, but that was not grounds for allowing the parent to withdraw his no contest plea, a divided Wisconsin Supreme Court has held.

A transportation utility fee (TUF) charged to property owners by a town is a property tax subject to the state’s municipal levy limit, the Wisconsin Supreme Court has unanimously ruled.

A 2022 decision that held a request for a jury trial in a commitment proceeding is timely if made at least 48 hours before the date of the actual, rather than the scheduled proceeding, applies retroactively, the Wisconsin Supreme Court has ruled.

A trial court did not err by declaring a mistrial when defense counsel introduced third-party perpetrator evidence without first notifying the state, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has ruled that a circuit court did not err by denying a motion for a mistrial where, after a ruling that a defendant’s prior conviction was inadmissible, a witness stated that he’d “looked at CCAP.”

Police officers who detected an odor of marijuana coming from a vehicle but not specifically from its driver had probable cause to arrest and search the driver.

A property owner seeking to appeal a special assessment failed to properly serve a notice of appeal on the village because it failed to serve the village clerk, the Wisconsin Supreme Court has ruled.

The Center for Medicaid & Medicare Services (CMS) recently published a proposed rule with the goal of increasing transparency between nursing homes and consumers. Denisha Renovales breaks down the proposed rule and how it could impact nursing homes.

Does the agricultural tourism immunity protect farms operating as a wedding venue? Last month, we explored arguments for the plaintiff. In this second part, Pamela Schmidt presents arguments for the defense.

During trial, attorneys must focus on making a clear and concise record in the court for success in both trial and appellate courts. Nicholas Watt offers five tips on making an effective record during court proceedings.

In Wisconsin, juveniles at age 17 are subject to adult criminal charges. Matthew Kline delves into the challenges a 17-year-old faces in adult court as opposed to the juvenile justice system.

The National Labor Relations Board has issued a decision making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act.

A second prosecution for alleged acts that were the subject of a previous trial that ended in a mistrial did not place a defendant in double jeopardy, the Wisconsin Supreme Court has ruled, because several charges in the second prosecution involved differ

Answering whether an accident caused damage to another’s property is not appropriate in determining whether the damage is covered by a commercial general liability (CGL) insurance policy, the Wisconsin Supreme Court has ruled.

A circuit court must clarify whether an order imposing a probation condition is consistent with state law that authorizes a circuit court to modify such a condition, the Wisconsin Supreme Court has held.

A criminal defendant is entitled to a sentence credit for time served on a related charge that is dismissed but read in at his or her sentencing, the Wisconsin Supreme Court has ruled in State v. Fermanich.

A court may terminate the parental rights of a person convicted of neglect of a child resulting in death, as a party to the crime, if the person directly committed the crime, the Wisconsin Court of Appeals has ruled.

Recent campaigns by politicians and lawmakers assert that gender-affirming care for transgender children constitutes child abuse. Law student Monika Allis discusses the scientific research and studies that say just the opposite.

A circuit court did not err by admitting evidence that the plaintiffs had previously settled with two other defendants in a legal malpractice case, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has overruled a 30-year-old Wisconsin Court of Appeals decision that granted criminal defendants the right to seek in camera review of a victim’s medical records.

A criminal defendant is not entitled to withdraw his plea solely because multiple penalty enhancers were improperly applied to the charges against him, the Wisconsin Court of Appeals District I has ruled in State v. Hailes.

The Wisconsin Supreme Court has reversed a Wisconsin Court of Appeals opinion affirming an involuntary medication order issued based on a psychologist’s testimony.

The admission of hearsay evidence that the defendant had participated in a drug buy was harmless error given the overwhelming quantity of the rest of the state’s evidence, the Wisconsin Supreme Court has ruled (7-0) in State v. Barnes.

A person opposing an application for re-zoning has no right to an impartial decision maker, the Wisconsin Supreme Court has unanimously ruled.

U.S. Sens. Ron Johnson (R-Wis.) and Tammy Baldwin (D-Wis.) have agreed to recommend to the White House two candidates for consideration to fill a vacancy on the U.S. District Court of the Eastern District of Wisconsin.

With the summer months at hand, children as well as adults are both working and enjoying life on farms in Wisconsin. Eliza Reyes explores resources that can help children stay safe when working and living on a farm.

Does the agricultural tourism immunity protect farms operating as a wedding venue? Amy M. Risseuw explores the question for a plaintiff injured at a barn wedding. Next month, learn the arguments for the defense.

Two Wisconsin Supreme Court justices used a recent per curiam decision to engage in a debate over the supreme court’s practice of dismissing petitions as improvidently granted.

A ballot question for a constitutional amendment complies with Section XII, Article 1 of the Wisconsin Constitution if it fairly describes the actual question and is not counterfactual to the amendment itself, the Wisconsin Supreme Court has ruled.

A law that extends the statute of limitations for actions seeking redress for injuries caused by sexual assault does not apply to a claim of negligent supervision of an employee who committed sexual assault, the Wisconsin Supreme Court has ruled.

A statute that requires repeat sex offenders to comply with sex offender registration requirements for life does not apply to an offender convicted of multiple convictions in the same court proceeding, the Wisconsin Supreme Court has ruled in State v. Rec

A circuit court that orally dismissed a criminal case only to minutes later re-instate the case did not lose subject matter jurisdiction, the Wisconsin Court of Appeals has ruled.

Drivers who delivered packages for Amazon in their own vehicles while using an Amazon smartphone app are employees for purposes of Wisconsin’s unemployment insurance benefits (UIB) scheme, the Wisconsin Court of Appeals has ruled.

Gilbert Malis, a tenant's rights attorney, offers tips on how to help you and your clients maximize a security deposit return and how to ensure you are protected in the future.

Two bills proposed in the 2021-22 Wisconsin Assembly proposed eliminating the right to a jury trial for parents in an involuntary termination of parental rights (TPR) action. Matthew Young discusses the proposals – both of which failed – and the potentialloss of rights for the parent.

A nuisance lawsuit filed against the operators of a wind farm in Brown County is barred by the statute of limitations, the Wisconsin Court of Appeals has ruled.

A Green Bay police detective failed to demonstrate that an arbitrator manifestly disregarded the law when he upheld the detective’s demotion, the Wisconsin Supreme Court has ruled.

A circuit court erred by issuing an injunction ordering a hospital to credential a physician who would administer ivermectin to a COVID-19 patient because it did not cite a legal basis for the injunction, the Wisconsin Supreme Court has ruled.

DEIA initiatives improve employee recruitment, retention, and morale, and help mitigate risks associated with potential disparate treatment and discrimination claims by employees. Melissa Caulum Williams, Erik Eisenmann, and Michael Matta outline howemployers can avoid legal risks regarding DEIA programming without having to compromise their commitment to DEIA.

Xylazine-laced fentanyl was recently declared an official emerging drug threat to the nation. Amy Bradshaw discusses the response as well as current opportunities related to substance use disorder treatment and harm reduction.

Marijuana is now big business, creating possible dilemmas for lawyers looking to represent clients in what is proving to be lucrative business. As more lawyers take on cannabis-related issues in their practice, it is time to revisit underwriting andclaims handling processes to address these concerns, writes Matthew Beier.

More and more termination of parental rights (TPR) cases are ending up in the appeal process due to concerns about the validity of the plea. Jenni Spies Karas addresses a practical guide to ensuring a no contest plea to grounds will withstand appellatereview.

With more CHIPS cases becoming adult guardianships, sometimes the transition process is rough. Clarice Ruehl talks about the issue and ideas for making the process smoother throughout Wisconsin.

Homeless children and youth inherently experience instability and trauma due to their homelessness. Megan L. Sprecher discusses the McKinney-Vento Homeless Assistance Act and how public interest attorneys and advocates can use the federal law to providemuch needed educational stability for homeless children and youth.

If you are already licensed and are considering practicing law in a neighboring or other state, you may consider whether you will need to take a bar exam, CLE requirements, how much it costs to apply, etc. Kate Cook lays out some of those considerationsto give you an idea of different states’ requirements.

Mediation submissions are often seen as a necessary chore, and there’s little guidance as to what should go into them. By keeping in mind the various members of the audience of your statement, and addressing a few critical topics, lawyers can set the stage for an efficient and effective mediation, writes David E. Jones.

A lawsuit challenging a decision by the state to close a driveway failed because the statute under which the lawsuit was filed is limited to the scope of the state’s eminent domain offer, which didn’t mention the driveway, the Wisconsin Supreme Court has ruled.

The reducing clause in an underinsured motorist insurance policy applied to the per person liability limit and not the per accident limit, the Wisconsin Supreme Court has held.

A prosecutor who repeatedly used the term “uncontroverted” to refer to evidence in a case in which the defendant neither testified nor presented any witnesses did not violate the defendant’s Fifth Amendment right against self-incrimination, the Wisconsin Supreme Court has ruled.

On April 26, the U.S. Supreme Court will hear a case out of Minnesota concerning the government’s right to a windfall when taking private property – under the Fifth Amendment’s Takings Clause – to satisfy a debt owed to the government.

Wisconsin law does not authorize a party to charge a patient for his or her electronic medical records, the Wisconsin Supreme Court has held.

Are Bitcoin or other cryptocurrency worthy of consideration as loan collateral? Joseph Mella discusses the idea and reality of perfecting security interests in cryptocurrency and similar assets.

Since Open AI released ChatGPT in November 2022, a wave of astonishment, intrigue, and concern has followed as the technology advances. The legal profession will ultimately benefit from its potential to scale efficiency and improve finished products, but it’s unlikely that robots will soon replace lawyers, says David S. Blinka.

Defense counsel’s decision to rely on a reasonable doubt defense and not mount a third-party perpetrator defense did not constitute ineffective assistance of counsel, the Wisconsin Supreme Court has held.

A member of two LLCs failed to state a claim for relief when he sued over an allegedly fraudulent real estate transaction to which he was not a party, the Wisconsin Supreme has held

Qualified immunity protects two police officers from a lawsuit filed by a woman arrested for carrying a rifle and bayonet in a public park filled with parents and children, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A circuit court erroneously exercised its discretion by certifying a class that included parties who were charged for medical records during a time when Wisconsin Court of Appeals case law allowed such charges, the court of appeals has held.

A man who was fired one day after informing his employer about an allegedly racist remark made by his supervisor is entitled to take his retaliation claims to a jury, the U.S Court of Appeals for the Seventh Circuit has ruled.

Certain Milwaukee firefighters receiving disability benefits are entitled to have a 5.8% pension offset payment included in the salary amount used to calculate their benefits, the Wisconsin Supreme Court has ruled.

A prosecutor who breached a plea agreement by making a specific recommendation for prison time cured the breach by withdrawing the recommendation, the Wisconsin Supreme Court has unanimously held.

An insurer may not reduce its underinsured motorist coverage by the amount the insured was required to reimburse to a workers’ compensation insurer, the Wisconsin Supreme Court has ruled.

The EPA’s proposed rule designating certain PFAS as “hazardous substances” provides tools to identify and address releases of PFAS into the environment, but it also raises unsettled questions. Derek Punches discusses the implications of the proposed rule,

Rock, sand, and gravel are key to all types of construction, but quite often communities resist siting and permitting new gravel pits. David McCormack discusses how misinformation can lead to misconceptions about the availability of sand and gravel forfor the construction industry.

The general counsel for the National Labor Relations Board is looking to revive abandoned precedent to make organizing easier for unions. Peter Albrecht discusses the nature and impact of the general counsel’s desire to reinstate the Joy Silk doctrine.

Some Wisconsin court system computer network users, including the general public, may have temporarily experienced intermittent service or slower than usual response times to some online services early this week.

Over the last two years in Wisconsin, farmland values have been increased by roughly one-third – but it’s not all good news for Wisconsin farmers. J. David Krekeler talks about the good, the bad, and the ugly for farmers when their land values increase.

The U.S. Department of Justice (DOJ) recently announced that in 2022, it recouped False Claim Act settlements and judgments amounting to the second highest number of settlements in history. Leah Ruedinger discusses the settlements and offers tips for effective compliance programs for health care entities.

The Wisconsin legislature put a new bail amendment on the April 2023 ballot. Law student Kalei Kell talks about the amendment and that cash bail is not the only viable option in regard to bail release.

Statutory provisions that bar municipalities from condemning land for pedestrian walkways apply to acquisitions for sidewalks, the Wisconsin Court of Appeals has ruled.

Owners of property along navigable waterways in Wisconsin do not have a right to a certain water level along the property, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The State Assembly misapplied the public interest balancing test when declining to disclose records related to a sexual harassment complaint filed against one of its members, the Wisconsin Court of Appeals has ruled.

A gravel path that a sanitary district proposed to lay to allow it to repair its pipes qualified for an exemption from a county’s shoreland zoning ordinance, the Wisconsin Court of Appeals has ruled.

Claims by residents of a senior living facility for entrance fee refunds are subordinate to a perfected security interest in the property of the company that operates the facility, the Wisconsin Supreme Court has unanimously ruled.

A statute bars judicial review of an immigration agency’s denial of a Ukrainian citizen’s adjustment-of-status application, the U.S. Court of Appeals for the Seventh Circuit has ruled.

When construction work doesn’t conform to the plans and specifications, what are the parties’ legal rights? Kevin Long discusses the issues that come up when things don’t go according to plan in construction projects.

Are nitrate and nitrite about to reemerge as groundwater and drinking water chemicals of concern? New research reveals nitrate drinking water and groundwater standards fail to represent the scientific weight of evidence, say authors David Belluck and Sall

A promise not to prosecute a couple for child abuse became binding once the couple detrimentally relied upon the promise by consenting to the termination of their parental rights, the Wisconsin Court of Appeals has ruled.

A sales tax exemption for aircraft parts and repairs does not apply to portions of lease payments attributable to the purchase of parts and repairs, the Wisconsin Supreme Court has ruled.

Testimony from a neighbor who heard a woman scream “Stop, stop, I love you, I love you,” corroborated a fact revealed by a criminal defendant in his confession, the Wisconsin Supreme Court has ruled.

Time is often the secret ingredient to a successful mediation, writes James Mathie. So, prepare to use the patience so time can work its magic.

The Federal Trade Commission recently announced a proposed rule that would eliminate non-compete agreements nationwide. Martin Kuhn discusses the proposed rule, its potential benefits for workers, and its potential legal challenges.

Will the current wave of pending litigation around the issue of race in admissions before the U.S. Supreme Court result in the end of affirmative action? Catarina Colón, Jack Quinn, and Annie Cartwright discuss the issue and that now is a good time for medical schools to assess the impact of potentially shifting case law on diversity practices and initiatives.

Social Security Disability payments for disabled individuals reentering society from incarceration are an important lifeline, allowing them to achieve the kind of independence and economic stability that promotes community ties and reduces recidivism. Kelsey Brown presents reasons for these delays and concludes with the impact the delays have on her clients’ lives.

The Wisconsin Supreme Court has issued an order and a revised interim rule (Order 19-02C and 20-07C) that will create a phased transition to mandatory e-filing in the Supreme Court over the next several months.

The recent 2021 WI Act 182 created new language for petitions to change the name of a minor under 14 years of age with two living parents who are not filing a joint petition in certain circumstances. Amanda R.R. Mayer outlines the new law and how to navigate it – and points out a glaring omission.

A circuit court erred by staying a prison sentence for a person convicted of her fifth operating while intoxicated offense, the Wisconsin Court of Appeals has ruled.

A woman who filed a lawsuit under the federal Stored Communications Act 23 months after she was demoted for sending Facebook messages critical of her boss failed to meet the act’s statute of limitation, the U.S Court of Appeals for the Seventh Circuit hasruled.

A party that objected to a property tax assessment and requested that a hearing on the objection be postponed failed to comply with a state law that required it to present evidence before making a claim, the Wisconsin Court of Appeals has ruled.

The Wisconsin Supreme Court has unanimoulsy upheld a city’s property tax assessment of a big-box store, rejecting the retailer’s argument that the assessment was excessive because the list of comparable properties did not include vacant big-box stores.

The Wisconsin Supreme Court has added two cases to its docket. In one case, State v. Killian, the supreme court will consider the scope of the Fifth Amendment’s double jeopardy clause.

Wisconsin Act 258 completely rewrote chapter 183. Most LLC operating agreement provisions remain the same, but others may need to be updated. Sam Wayne discusses Act 258 and how it impacts the practice of drafting LLC operating agreements.

Venue was proper in Dane County for a defendant insurance company that had 559 policies in the county and received $859,145 in revenue from those policies, the Wisconsin Court of Appeals has ruled.

A city’s ban on digital billboards meets the test established by the U.S. Supreme Court for First Amendment challenges to the regulation of commercial signs, the U.S. Court of Appeals for the Seventh Circuit has ruled.

State law required a transgender teen to show that publication of his name change petition could expose him to physical danger in order for the petition to remain confidential, the Wisconsin Court of Appeals has ruled.

A criminal information electronically submitted within 30 days of the defendant’s preliminary hearing was timely filed, even though the clerk didn’t accept the information until 30 days after the hearing, the Wisconsin Court of Appeals has ruled.

A new amendment from the Securities and Exchange Commission brings new requirements to annual and semiannual shareholder reports. Grace D'Souza discusses the new rule, which seeks to increase transparency and user readability in shareholder reports.

A man’s conviction for second degree reckless homicide for causing a death in his home does not preclude his action for indemnification under his homeowner’s insurance policy, the Wisconsin Supreme Court has ruled.

The new Wisconsin Uniform Limited Liability Company Law became effective Jan. 1, 2023. Bryan Tillman identifies three changes likely to have a significant impact on family farms organized as limited liability companies.

A proposed FTC rule would ban non-compete clauses for many employees. Troy Thompson and Christopher Toner discuss the details of the proposed rule, and say that it would significantly increase employee mobility presently limited by lawful non-compete clau

A defendant whose attorney failed to contact two alibi witnesses is entitled to a hearing on his claim for ineffective assistance of counsel, the Wisconsin Supreme Court has ruled.

A county jail inmate sexually assaulted by a guard who was disciplined but not fired for previous fraternization with inmates failed to show that the county’s conduct was the moving force behind the assault, the Wisconsin Supreme Court has ruled.

The U.S. Supreme Court has denied certiorari to an appeal of a decision from the U.S. Court of Appeals for the Seventh Circuit that upheld the State Bar of Wisconsin’s mandatory status.

Small businesses play a vital role in our economies and communities, accounting for roughly two out of every three jobs added in the U.S. over the last 25 years. Kelly Gorman interviews three practitioners currently working to address needs of smallbusinesses in Wisconsin.

To address labor shortages, agricultural and dairy leaders are lobbying Congress for immigration reform. Heidi Rattner discusses proposed legislative reforms for immigrant laborers and the economic and human issues at stake.

A worker's compensation settlement agreement that required $400,000 to be paid to a law firm’s trust account created an express trust for the claimant’s medical creditors, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Withholding of a child abuse report from a defendant did not violate the constitutional rule established by the U.S. Supreme Court in Brady v. Maryland, because the report contained the same information as a sheriff’s report that was turned over to the defendant, the Wisconsin Supreme Court has ruled.

Wisconsin passed some of the nation’s earliest and most comprehensive phosphorus regulations in 2010. Anya Janssen and Melissa Scanlan discuss Wisconsin’s phosphorus rules and offer an invitation to the statewide phosphorus conference on Feb. 7, 2023.

With the holidays behind us and a New Year just started, Heather Nelson and Kristen Scheuerman share helpful practice tips to ensure that, when it comes to compliance with the Medicare Secondary Payor Act in 2023, you and your clients are golden.

Wisconsin workers' compensation allows for two ways to establish liability: traumatic and occupational and both may use different dates of injury. Matthew Lein explains the significance of an occupational wear and tear injury and the date of injury to use.

Many benefits exist to placing children with relatives both inside and outside of the formal foster care system. Sienna Borchardt discusses the concept of “fictive kin” and the advantages of expanding the definition of relative to include fictive kin.

The Wisconsin Supreme Court has for the first time interpreted a key provision of the 2011 state products liability statute.

A group of Catholic charities do not qualify for an exemption to the state’s unemployment compensation act because their activities are not primarily religious, the Wisconsin Court of Appeals has ruled.

The state Livestock Facility Siting Board properly affirmed a town’s denial of a farm’s application based on credibility grounds, the Wisconsin Court of Appeals has held

Motions to enforce are extraordinary motions that offer a speedy consequence where there are placement issues in a family law matter. However, they may not be the best solution for your client. Comm. Barry Boline discusses the details of motions toenforce and their impacts.

Indigent Wisconsin civil litigants face an uphill battle in finding representation. Amanda R.R. Mayer discusses some of the challenges and opportunities for attorneys to help.

Now signed into law, the Speak Out Act prohibits the enforcement of certain non-disclosure and non-disparagement provisions involving disclosure of sexual assault or harassment disputes in the workplace. Quinn Stigers and Randall Thompson discuss the Actand its potential impact on employers.

Since the U.S. Supreme Court overturned Roe v. Wade, Wisconsinites are in the challenging position of interpreting an abortion law originally codified in the mid-1800s. Richard Davis discusses this law and its enforcement, and what it can mean forfor physicians and lawyers in the state.

Wisconsin law requires that a person subject to a petition for guardianship and protective placement be physically present for the final hearing absent a valid waiver, the Wisconsin Court of Appeals has ruled.

The Wisconsin public records law compels a school district to disclose a list of parent email addresses used to communicate about administrative matters and community issues, the Wisconsin Court of Appeals has ruled.

Most notices from the IRS are regarding incomplete or incorrect information on taxpayer’s tax forms, but there are plenty of other reasons the agency contacts a taxpayer. Brittany Morrison discusses common notices from the IRS.

Some businesses have historically relied upon arbitration-friendly rules to litigate the early party of a lawsuit before reversing course and insisting on arbitration. Ryan Billings discusses a new decision by the U.S. Supreme Court that closes the dooron this practice, requiring companies to consider their preferred venue carefully in their business contracts.

While Wisconsin statues prohibit certain types of clauses within construction contracts, they don’t specifically limit or prohibit indemnification clauses. Tyler Manley discusses the limits on indemnification clauses and the clauses that are prohibited inconstruction contracts in Wisconsin.

A police officer who stopped a motorcyclist on a Harley five minutes after another officer reported a Harley driving erratically in the same area lacked reasonable suspicion for the stop, the Wisconsin Supreme Court has ruled.

Wisconsin courts recently scrutinized whether restrictive covenants, including confidential information provisions, are narrowly drawn so as to be enforceable under Wis. Stat. section 103.465. Matthew DeLange discusses the impact of the Diamond Assets, LLC v. Godina decision on Wisconsin’s restrictive covenant law.

Email disclaimers purportedly “required by IRS Circular 230” are not required and should be omitted, writes Joe Malone.

Police who arrived at an address where an erratic driver was reported to have gone but waited to gather information before entering the property were not engaged in hot pursuit and their warrantless search was illegal, the Wisconsin Supreme Court hasunanimously ruled.

A district court properly dismissed a claim for the recovery of unlawful taxes because the party making the claim failed to first pay the taxes, the Wisconsin Supreme Court has ruled.

In this season of winter parties, does Wisconsin law hold liable those that provide alcohol to a person who subsequently injures others? Paul Curtis, discussing Wisconsin statutes and caselaw, says the general answer is “no.”

When making an affidavit for a search warrant, a police officer satisfies the oath and affirmation requirements of the U.S. and Wisconsin constitutions as long as the wording of the affidavit impresses upon the officer a sense ofobligation to tell the truth, the Wisconsin Supreme Court has ruled.

A former employee who sued a company in negligence for damages related to a data breach stated a legally sufficient claim, the Wisconsin Court of Appeals has ruled.

A truck driver claiming that a company violated federal law by paying him less than the minimum wage of $7.25 an hour stated sufficient facts to survive a motion to dismiss for failure to state a claim, the U.S. Court of Appeals for the Se

Called the new LLCs, Decentralized Autonomous Organizations (DAOs) are experiencing a surge of interest. Andrew Gunem discusses this new entity and its various pitfalls and possibilities.

The Wisconsin youth justice system has some of the highest rates of disproportionality by race in the country. Alaina Fahley proposes first steps in countering bias affecting youth of color in the justice system.

A state court’s denial of a motion to amend the standard jury instruction regarding self-defense did not entitle a defendant to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A complaint alleging that a company violated the Employee Retirement Income Security Act of 1974 by authorizing the payment of excessive recordkeeping and investment

An insurance policy exclusion for injuries suffered by fireworks display workers barred claims by two volunteers injured by prematurely exploding fireworks, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The U.S. Court of Appeals for the Seventh Circuit has declined to revisit its holding in a 2020 case that resolved a sentencing guideline issue which is the subject of a circuit split.

The 30-day deadline for removing a case to federal court begins to run only once a plaintiff specifies a damages figure, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A man who was jailed for four-and-a-half days after being mistaken for his brother failed to demonstrate that corrections officials violated his due process rights, the U.S. Court of Appeals for the Seventh Circuit has ruled

Corroboration from multiple witnesses that a chief financial officer was aware of misleading entries in his corporation’s financial statements was sufficient to sustain a guilty verdict, the U.S. Court of Appeals for the Seventh Circuit has ruled.

In light of the growing use of cryptocurrencies and other digital assets, the Uniform Laws Commission has proposed amendments to the Uniform Commercial Code to clarify their treatment in the U.S. Patricia Lane, Louis Wahl, and Corrie Osborne discuss thethe amendments and their treatment of digital assets.

As attorneys, we find it easy to focus only on the legal issue in front of us. Yet, many of our clients face multiple legal issues simultaneously. By using referrals and the strong network of public interest attorneys in this state, we can provide moreholistic and complete legal representation for our clients.

The admission of statements made by an accomplice in police bodycam footage did not violate the defendant’s Sixth Amendment right to confront witnesses against him because the statements described an ongoing criminal situation, the U.S. Court of Appeals f

The Wisconsin Court of Appeals has ruled that a circuit court did not erroneously exercise its discretion by allowing the testimony of an engineer and spinal surgeon in a products liability case.

A man's conviction for operating while intoxicated means that his minor daughter, who was a passenger in the car when he was arrested, was a victim under the state’s criminal restitution statute, the Wisconsin Court of Appeals has ruled.

The Wisconsin Supreme Court issued its first decision of the 2022-23 term on Nov. 4, a per curiam ruling in which the court dismissed as improvidently granted the review of a per curiam Wisconsin Court of Appeals decision.

Wisconsin’s recently updated business entity statutes now have a variety of mechanisms for moving business entities to new jurisdictions and converting to a different type of business entity. Jim Phillips discusses the differences between a domestication and a conversion, and the use of the term “domestication” in certain other contexts.

The Perishable Agricultural Commodities Act prevents unfair and fraudulent conduct and can help your farm clients to be paid by wholesalers. David Krekeler discusses when claims under the Act involve a business entity that has filed bankruptcy.

National Labor Relations Board has a significant impact on employers and employees in nearly every private sector. John Rubin provides an overview of some of the most significant developments at the NLRB so far in 2022.

Negotiated rates between health care providers and health plans, once considered top secret, are now revealed due to new price transparency laws. Angela Rust discusses the trend toward greater transparency and offers tips for providing guidance toproviders and plans in light of these developments.

The 34th Annual Environmental Update from State Bar of Wisconsin PINNACLE demonstrates that environmental law is alive and well. Phillip Bower recaps the day’s presentations and themes.

The owners of a café that sued a local health agency over citations issued for violations of a mask mandate failed to show the agency engaged in a pattern of constitutional violations, the U.S. Court of Appeals for the Seventh Circuit has held.

Constitutional claims made by parents against state and county officials who took custody of one of their daughters and facilitated the placement of another daughter in a foster home failed because the parents failed to state legally sufficient claims, th

The Seventh Circuit Court of Appeals also ruled that declaratory relief is a form of equitable relief that is available under the Family Medical Leave Act, and an award of attorney fees was proper.

The Wisconsin public records law does not entitle an employer to seek judicial review of the disclosure of video footage that depicts one of its employees, the Wisconsin Court of Appeals has ruled.

A company that offered light-duty assignments to workers injured on the job but not to pregnant workers did not violate a federal law prohibiting discrimination against pregnant workers, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A person opposing an application for re-zoning has no right to an impartial decision maker, the Wisconsin Court of Appeals has ruled.

A worker injured when a co-worker drove a telehandler over his foot and leg has no right to recovery outside the state workers’ compensation scheme, the Wisconsin Court of Appeals has ruled

Two statutes that create homicide liability for aiding and abetting the acquisition of drugs that cause a fatal overdose are not unconstitutionally vague, the Wisconsin Court of Appeals has held.

The Wisconsin Court of Appeals has ruled that a prosecutor who said both parties agreed that a 25-year sentence was appropriate breached a plea deal that limited the defendant’s sentence to 20 years.

Madison attorney Marisol González Castillo talks about achieving one of her dreams: serving the Mexican community in Milwaukee by being a consultant attorney with the Mexican Consulate.

State law grants a school district the authority to ban a former teacher from school district property, the Wisconsin Court of Appeals has ruled.

Updates on the closure of Lincoln Hills and Copper Lake in 2022 have youth justice advocates hopeful about promised reforms. Law student Renee Pasciak discusses the changes, as well as potential other options for helping our youth feel safe, supported, and on their way to becoming healthy, productive adults.

A strip search of a Muslim inmate by a transgender corrections guard violated the inmate’s rights under the Religious Land Use and Institutionalized Persons Act, the U.S. Court of Ap

The Wisconsin Court of Appeals has ruled that a statute that extends the statute of limitations for actions seeking damages for child sexual assault applies to a negligent hiring and supervision action.

Cases involve the administration of ivermectin to treat COVID-19, product liability in a medical case, prosecutor comments during closing argument, involuntary administration of medication, and involuntary commitment.

It is important that employers ensure workplaces are inclusive of neurodiverse and ability diverse employees. Catarina Colón offers tips on best practices to ensure neurodivergent and individuals with disabilities are provided equal and fair opportunities in the workplace.

A Wisconsin Supreme Court decision recently diminished a statutory mandate involving partial construction lien waivers. James Thiel discusses the decision and the lessons learned from the majority and dissent opinions.

A trial court’s decision to dismiss a lawsuit seeking to enforce a non-compete agreement was improper, the Wisconsin Court of Appeals has ruled.

The U.S. Court of Appeals for the Seventh Circuit has ruled that parcels of reservation land owned by American Indians are not subject to state taxation, even though they were subject to state taxation when previously owned by non-Indians.

Pets are increasingly valued as more than property. But what does that mean for divorce in Wisconsin? Comm. Mark Fremgen explores the current status of pet custody and placement agreements in the state.

Individuals with non-apparent disabilities experience greater risks during encounters with law enforcement and first responders. Christine J. Huberty explains how hidden disabilities can be misunderstood, and how to disclose this information onidentification cards to improve safety.

When your litigation practice often involves work with opposing parties, little things that aggravate can add up. Amy Risseeuw, “asking for a friend,” discusses what defense lawyers do that drives plaintiff’s counsel crazy – and suggests that bettercommunications can make a big difference.

A liability release that covered chairlift loading and unloading did not apply to a claim that ski hill employees were negligent in failing to rescue a woman from a chairlift, the Wisconsin Court of Appeals has ruled.

The trial court in a homicide trial properly excluded prior bad acts evidence and expert witnesses whose testimony was unreliable or would have been confusing, the Wisconsin Court of Appeals has ruled.

A property management company that had knowledge of the property owner’s precarious financial state had a duty to disclose that condition to prospective residents, the Wisconsin Court of Appeals has ruled.

A police officer did not violate the Fourth Amendment when he opened a small canister taken from the purse of a woman who had been detained for shoplifting, the Wisconsin Court of Appeals has ruled.

A man arrested for operating while intoxicated (OWI) failed to show that a blood draw ordered by the police while he was unconscious was unconstitutional, the Wisconsin Court of Appeals has ruled.

The physical, emotional, and financial toll of being hit by another driver can be significant. Russell Nicolet offers advice to control what you can and make sure you are protected financially in the event of an uninsured or underinsured driver.

A trustee who sued a newspaper for defamation over an article that contained both a hyperlink to a story about elder abuse and a summary of charges made against him failed to state a claim, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Legislation to exclude area variable housing costs from gross income in military cases became effective March 13, 2022. Jill Mueller discusses how 2021 WI Act 160 impacts child support calculations for members of the military.

A plat map that reserved three lake access lots for the use of other lot owners created an easement and did not convey title, the Wisconsin Court of Appeals has ruled.

The availability and approval of COVID-19 vaccine administration for children presents new challenges for parents with joint legal custody who disagree about whether to vaccinate their children. Erin Idler explores the legal standard and role of a guardian ad litem in resolving such disputes.

While much of the business world operates seamlessly across state borders, there are perils for contractors with projects in other states if they do not properly account for legal, statutory, and contract differences. Eric Meier discusses some of the key contract and legal considerations for construction companies moving into different markets.

In a post-Dobbs workplace, employers may have to make adjustments to accommodate their employees with an unwanted pregnancy, and employees may face new, unsettling avenues for discrimination. Emma Ferguson outlines some of the ways Wisconsin’s return to a lack of access to safe and legal abortions is likely to impact the workplace.

The Supreme Court Rules of Professional Conduct require lawyers to provide competent, diligent representation to clients. This includes, among other things, understanding our clients’ lived realities, even when they differ from our own experiences. Elizabeth Stinebaugh considers that soon, courses that focus on learning about diversity, equity, and inclusion may be allowed to fulfill continuing legal education requirements.

Momentum is building toward climate-related disclosure for public and private companies. Nadelle Grossman discusses the details and impact of a proposed rule from the Securities and Exchange Commission that would require public companies to discloseclimate risks to their businesses.

The impact of climate change extends beyond environmental law to all areas of legal practice. Sarah Cannon provides an overview of climate change’s impact on displacement and migration patterns, and addresses limitations on immigration relief available toclimate refugees.

The Wisconsin Court of Appeals has ruled that a circuit court erred by granting an injunction to a man seeking to force a hospital to administer ivermectin to his uncle.

An anti-assignment clause did not prevent the assignment of insurance rights from the company that purchased an insurance policy to a successor company, the Wisconsin Court of Appeals has ruled.

The Family First Prevention Services Act refocuses child welfare goals from reaction to prevention, requiring qualified residential treatment programs to meet more stringent qualifications for funding. Grace Tressler explores the Act’s various impacts,especially how its implementation in Wisconsin transforms the current landscape of the treatment programs.

A judge’s statement that prison time for an Amish man convicted of sexual assault was necessary to send a message to the Amish community does not entitle the man to a resentencing, the Wisconsin Supreme Court has held.

Inculpatory recordings made secretly by a defendant’s cellmate and introduced at the defendant’s homicide trial did not violate the defendant’s Sixth Amendment right to counsel, the Wisconsin Supreme Court has ruled.

A recent Wisconsin appeals court decision shows how challenging is for a defendant to convince a court to enforce waiver-of-liability agreements. Alexander Pendleton discusses lessons on crafting waiver agreements that can be learned from thedecision.

A circuit court erred by denying a prosecutor’s request to waive a juvenile who allegedly committed a mass shooting into adult court, the Wisconsin Supreme Court has ruled.

Public health orders issued during the pandemic by Dane County’s health officer complied with state law and the state constitution, the Wisconsin Supreme Court has ruled.

A state law that prohibits a transgender sex offender from legally changing her name does not violate the First and Eighth Amendments to the U.S. Constitution, the Wisconsin Supreme Court has ruled.

Mediation is protected by Wis. Stat. section 904.085, which makes mediator testimony inadmissible, subject to limited exceptions. Paul Stenzel takes a closer look at a recent divorce case where the mediator testified in a post-judgment dispute thateventually went to the Wisconsin Court of Appeals.

A letter from the state Department of Natural Resources informing a company that the agency could not issue the company a permit for existing equipment was not subject to judicial review, the Wisconsin Supreme Court has ruled.

A stop of man who was the only person seen by police in the area where gun shots had been reported by Shotspotter technology was constitutional, the Wisconsin Supreme Court has ruled.

The collateral consequences of an expired involuntary commitment order render an appeal of the order not moot, the Wisconsin Supreme Court has ruled.

The Dane County Circuit court erred by denying a motion to quash two subpoenas of a former member of the Public Service Commission, the Wisconsin Supreme Court has ruled.

The “zone-of-interests” inquiry historically conducted by Wisconsin courts to help decide whether a party has standing under Wis. Stat. ch. 227 has no statutory basis, the Wisconsin Supreme Court has ruled.

Qualified interpreters are an integral piece of ensuring access to justice for Wisconsin’s population with limited English proficiency. Megan L. Sprecher explains the interpreter qualification categories and interpreter procedures for circuit andappellate courts.

In February 2022, President Biden issued an Executive Order requiring all contractors and subcontractors enter into project labor agreements for all large-scale federal construction projects. Brian Zimmerman discusses the Executive Order’s requirements,implementation, and industry objections.

The Wisconsin Supreme Court in 2021 established new requirements for guardians ad litem as it relates to domestic violence cases in family court. Debra Mancoske discusses recent GAL training in Brown County.

Mental health resources for children continue to be an important component when treating children with mental illness. Alyssa Paulus discusses these resources in Wisconsin.

The Dane County Circuit Court did not erroneously exercise its discretion by requiring parents who sued a school district over its transgender student policy to disclose their identities to defense counsel, the Wisconsin Supreme Court has ruled.

To recover attorney fees under Wisconsin’s public records law, a records requester “must obtain a judicially sanctioned change” in the relationship between the requester and the custodian of the records, the Wisconsin Supreme Court has ruled.

With a new advisory regarding a PFAS compound from the Environmental Protection Agency, Wisconsin is finalizing an enforceable drinking water administrative rule – and it can be the task of environmental law attorneys to communicate these changes with thepublic. Bill Nelson discusses best practices for public health messaging regarding PFAS.

Wisconsin law does not authorize the use of ballot drop boxes, the Wisconsin Supreme Court has ruled in a 4-3 decision.

The affirmative defense available to victims of sex trafficking for crimes committed as a direct result of the trafficking is a complete defense to first-degree intentional homicide, the Wisconsin Supreme Court has ruled.

How often do lawyers evaluate why they are being chosen as a mediator for a particular case? Brent Smith discusses the factors that parties and their attorneys consider when choosing a mediator.

By crossing out the words “to Date” and writing the word “Partial,” a subcontractor transformed a complete waiver of a construction lien into a partial one, the Wisconsin Supreme Court has ruled.

A search warrant affidavit stated sufficient facts to find probable cause although it listed the driveway of the driver’s home address as the location of the drunk driving offense, the Wisconsin Supreme Court has ruled.

The admission of testimony by a victim about her lack of sexual activity in the period preceding an alleged sexual assault did not warrant reversing a defendant’s sexual assault conviction, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has ruled that a sexual abuse verdict was supported by reasonable jury inferences, even though the state failed to ask victims specifically whether the statutorily-defined sexual contact occurred during the time periods

A member of the Wisconsin Board of Natural Resources is entitled to remain on the board although his term ended on May 1, 2021, the Wisconsin Supreme Court has ruled in a 4-3 decision.

The Wisconsin Supreme Court has issued order, effective June 29, 2022 extending the five-year-old Commercial Docket Pilot Project.

The proper remedy for a circuit court’s failure to specify the grounds for extending a mental health commitment that has since expired is reversal, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has ruled that the state’s penalty scheme for operating while intoxicated (OWI) convictions is unconstitutional because it allows a penalty enhancement for a refusal to consent to a warrantless blood draw.

A lawsuit filed to block the release of a list of all Wisconsin businesses with over 25 employees that had at least two employees test positive for COVID-19 is barred by the state public records law, the Wisconsin Supreme Court has ruled.

The COVID-19 pandemic greatly impacted unemployment in Wisconsin. Brenda Lewison discusses that impact and offers practice tips for attorneys who represent clients with unemployment overpayment investigations.

The shift to online proceedings in early 2020 due to the COVID-19 pandemic created a more difficult court environment for those without access to reliable technology. Jessica Brown discusses the digital divide and offers recommendations for helping clients who have limited access to technology.

Summer is a time for enjoying Wisconsin’s lakes and rivers – but boating injuries and deaths lead to lawsuits, and lawsuits often lead to bankruptcy. David Krekeler discusses options for debtors involved in boating accident cases.

Quality caregiving services are a constant need, particularly in an unstable economy. Amy M. Burger discusses the caregiving shortage crisis and how legal practitioners can address the crisis by making caregiver agreements a regular and integral part oftheir practice.

An insurance policy that covered physical damage to property and losses caused by a suspension of operations did not cover losses caused when a coffee shop closed because of the pandemic, the Wisconsin Supreme Court has ruled.

Wisconsin has a long history of creating and protecting the public's right to access the state's navigable waters. Diane Milligan explains the basic process by which the Department of Natural Resources may approve petitions to abandon public access inunincorporated areas.

The Financial Crimes Enforcement Network recently announced new regulations to crack down on criminal business enterprises. While not yet in force, changes are coming, and Maureen O’Leary suggests advising your business clients to maintain comprehensive corporate records in anticipation of meeting the new requirements.

With the Public Service Loan Forgiveness program, public interest work can be a viable career option for many Wisconsin attorneys. Susan Lund discusses the program and the real-life experiences of Wisconsin public interest lawyers.

In this second of (what we hope is) a series, Dan Rislove discusses the important legal lessons he learned from the 1980 hit comedy 'Caddyshack.' Cute but clever gophers aside, the story reveals a few points to remember for your practice, he says.

As elder law attorneys, providing the best guidance to clients often requires a bit of math. Peter Harbach dives into the math involved in comparing divestment planning with immediate qualification planning and the benefits for your clients.

The new Wis. Stat. chapter 324 specifically addresses custody and visitation issues for deployed parents. David Kowalski discusses the new chapter and its limitations.

Great litigators don’t just happen. Maybe there are fewer trials now, but that doesn’t mean a new lawyer can’t get a lot of experience. Heather L. Nelson discusses the many ways to develop future trial attorneys.

The Wisconsin Supreme Court will not hear the appeal of a criminal defendant who sat in jail for 113 days before his preliminary hearing.

When Politico published and reported on a leaked U.S. Supreme Court draft opinion on Roe v. Wade, firestorm of responses ensued. Two appellate practitioners, Jacques Condon and Nicholas Zales, discuss the leak and its implications.

A defendant must present more than conclusory allegations to be entitled to an evidentiary hearing on a motion claiming ineffective assistance of counsel, the Wisconsin Supreme Court has unanimously ruled

The Wisconsin Department of Justice (DOJ) erred by revoking a concealed weapons permit issued to a man who was convicted of disorderly conduct after threatening his wife, the Wisconsin Supreme Court has ruled.

Can an employee in a virtual environment be harassed? Erik Eisenmann, Catarina Colón, and Tracey O’Brien discuss the new “world” of online workplace environments and the consequences of cyberbullying and harassment.

The Federal Bureau of Investigation recently announced and increased focus on corporate crime. Rebecca Furdek and Sal Hernandez discuss FBI investigations and the steps Wisconsin businesses and their attorneys should take if they come under investigation– and provide tips on proactive measures to take now to strengthen their compliance.

The Milwaukee County Accountability Program offers rehabilitative services for youth offenders. Just how effective is the program? Yolanda Gauna discusses the program and insight from a participant in the program.

The judicially created rule that grants an automatic stay to a defendant appealing an involuntary medication order does not apply to pretrial proceedings, the Wisconsin Supreme Court has ruled.

Given the current strong demand for new condominiums, attorneys for contractors and suppliers should be aware that condominium liens are subject to Wis. Stat. section 703.22. Brian R. Smigelski highlights several key provisions in this statute toconsider in protecting your client’s lien rights.

A policy exclusion designed to cut off liability for property damage caused by the insured’s own work applied to interior damages caused by raising a house.

A video recording of an interview of a minor victim was not rendered inadmissible by the fact a separate audio recording of the interview was merged with the video, the Wisconsin Court of Appeals has ruled.

The economics involved in the payment of care in child protective services cases can be complex. Andrew Morgan discusses the sources of funding and offers a broader perspective as to how economics may affect these types of cases.

Dealing with difficult clients is, unfortunately, a day-to-day reality for the practicing attorney. Jennifer M. Schank reviews how the Professional Rules of Conduct apply to the real-world situations when deciding whether to withdraw from representation.

The U.S. Department of Justice’s recent criminal prosecutions of health care executives for no-poach and wage-fixing conspiracies have been met with not-guilty verdicts. Despite these losses, Wendy Arends says that the Department continues to prosecute this conduct, and that antitrust enforcers will investigate human resources practices that may restrain competition.

The statutory scheme that governs medical malpractice lawsuits does not apply to bar a wrongful death lawsuit filed against a community-based residential facility, the Wisconsin Supreme Court has ruled.

Undoubtedly, the most significant impact of the Russian invasion remains unquestionably the humanitarian crisis it has created. Although the war seemed to have set in motion deglobalization forces that are disrupting global trade, a full demise ofglobalization as has been predicted is not likely. Instead, the more likely impact of the ongoing seismic trade shifts is a recalibration of engagement from North America and Western Europe away from Eurasia to other Global South regions such as Africa an

Environmental issues are inherently messy, and involve words often scary to lawyers: Biology. Chemistry. Organic Chemistry. When a client asks for help with an environmental issue, how do you process that inherent mess with legal theory? Bartlett Durandoffers this idea: think back to law school and refresh your “issue spotting” skills – because solutions may come from tort, regulation, property law, nuisance, or simple mediation.

As elsewhere, the COVID-19 pandemic will have a long-term effect on family law issues, including decisions involving child custody. Tiara Oates discusses creative alternative ways to resolve child custody disputes – and lessons learned from the pandemic.

A statute extending the time to file lawsuits by mentally ill persons didn’t toll the statute of limitations for a lawsuit against a long-term care provider brought by the estate of a mentally ill person, the Wisconsin Court of Appeals has ruled.

A company that fired an employee who admitted to felony charges that were the subject of deferred prosecution agreements did not violate the Wisconsin Fair Employment Act, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has ruled that a defense lawyer did not provide ineffective assistance of counsel by failing to object to testimony about the truthfulness of a confidential informant.

The U.S. Supreme Court’s decision in Keller v. State Bar of Cal., 496 U.S. 1 (1990), in which the Court upheld a challenge to a mandatory state bar association, remains good law, the U.S. Court of Appeals for the Seventh Circuit has held.

On easements, whose rights take precedence – utility companies or private landowners? A recent decision by the Wisconsin Supreme Court effectively cements judicial interpretation of the statute and precedent in a clear and meaningful way.

The State Bar of Wisconsin Appellate Practice Section is hosting a day-long CLE session on Appellate Practice in District I on May 19. Is it for you? Here are the details on this important appellate practice event.

“One of the finest (and definitely most fun) networking and learning opportunities I’ve found over the years is our very own State Bar of Wisconsin Annual Meeting & Conference,” writes NRLD Director Kathryn Bullon. “I urge all NRLD members to join us for this exciting conference!”

The City of Brookfield committed an unconstitutional taking by conditioning its approval of a land split on the completion of a through street across a parcel located between two subdivisions, the Wisconsin Court of Appeals has ruled.

A trial judge’s modification of a special verdict question confused a jury considering whether to extend a woman’s involuntary commitment, the Wisconsin Court of Appeals has ruled.

The U.W. Law School's Lawyering Skills Program provides a hands-on practical experience for 2L and 3L law students. Director Ryan Poe-Gavlinski discusses the program, where each week visiting faculty from around Wisconsin give lectures, lead groupdiscussions, and provide feedback to the student participants on the fundamentals of lawyering.

The Wisconsin Supreme Court has ruled that a defendant collaterally attacking a prior conviction based on a claimed violation of her right to counsel bears the burden of proving that violation, even where no transcript of the prior trial exists.

Marquette University Law School has developed one of the top-20 dispute resolution programs in the country. Two students from this program have joined the Dispute Resolution Section Board as student liaisons this academic year. Mary L. Ferwerda introduces the program and the students.

The regulation of PFOS and PFOA continues to be a hot button issue in Wisconsin. Two rules were adopted by the Wisconsin Natural Resources Board and advanced to the Legislature for review. Another rule that would have established groundwater standards forPFOS and PFOA failed to advance. Vanessa Wishart provides an update on each of these initiatives.

In a unanimous decision, the Wisconsin Supreme Court has upheld the results of a recount that resulted in a five-vote margin of victory for a schools referendum in Racine in 2020.

In celebration of the 50th anniversary of ‘The Godfather,’ Emily Kelchen reflects on legal lessons she learned from the movie. While the characters in the movie care more about skirting the law than following it, there are still moments in the film that carry important legal lessons.

Senior lawyers are accused of ruining the profession despite the professionalism, dedication, and integrity we bring to the legal system. Steven Sorenson discusses the accusation, saying that while some may find such values old fashioned, they are crucial to the integrity of our profession. "As mentors to the younger generations of lawyers, it is our duty to uphold these values and pass them on," he writes.

While lawyers are making strides in how they accommodate individual clients, our systemic practices can reveal gaps in knowledge about accessibility. Hamza Jaka shares the perspective of a new attorney with multiple disabilities, and discusses how to ensure your law practice is accessible – which increases the reach of your practice.

Following a decade of effort from Wisconsin business lawyers, Gov. Tony Evers on April 15, 2022, signed 2021 Act 258 into law. Adam Tutaj discusses this Act, which streamlines, modernizes, and bring into uniformity five chapters of business entity law.

Redistricting maps drawn by the Wisconsin Legislature but vetoed by Governor Tony Evers will govern state legislative elections beginning this November, the Wisconsin Supreme Court ruled last week.

The complex laws governing Medicare providers are filled with landmines. Understanding the basics of who, what, where, and how of Medicare exclusion works help health care professionals avoid this limiting consequence, says Kristen Nelson.

It can be challenging to find ways to reach clients who are indigent. In this April Tip of the Month, Kelsey Brown offers several tips to help you successfully reach out to indigent clients.

On June 23, 2020, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (EXAMS) issued a risk alert based on 5 years of examinations of registered investment advisers that manage private equity funds or hedge funds.

The Board of Review for the City of Kenosha properly determined that a nine-acre parcel of raw, unimproved land was correctly assessed as residential, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has ruled that a subpoena for the results of a diagnostic blood draw did not violate a suspect’s Fourth Amendment rights, even though the subpoena came after the results of a warrantless investigative blood draw on the suspect were made known to the police.

Lawyers working on international projects – here or abroad – can further U.S. foreign policy and enhance national security. John Vaudreuil discusses his experience with "micro-diplomacy."

A public sector nurse whose salary was broken down as an hourly amount and who was paid extra hourly compensation was an exempt employee under the Fair Labor and Standards Act, the Wisconsin Court of Appeal has ruled.

The Wisconsin Court of Appeals has affirmed a Dane County Circuit Court’s decision to vacate an arbitration award because the arbitrator fell asleep during testimony by the plaintiff’s expert witness.

A federal district court properly denied a plaintiff’s motion to remand her class-action lawsuit over medical records to state court after it had been removed to federal court, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Exigent circumstances did not justify the warrantless search of a hotel room occupied by a man who allegedly stole a pistol and was reportedly suffering from post-traumatic stress disorder and drug problems, a state appeals court has ruled.

State law did not authorize the Department of Corrections to deduct 50% of an inmate’s wages to pay restitution because a judgment of conviction specified that 25% of the inmate’s wages were to go toward restitution.

Defendants’ misplaced reliance on an absolute – but imagined – right to remain silent upon arrest can leave them critically exposed at trial. Joshua D. Kundert discusses a critical flaw in federal court Fifth Amendment protections.

The City of Milwaukee used the wrong measure in determining that three commercial buildings should be razed because the cost of repairing them exceeded half their value, the Wisconsin Court of Appeals has held.

A circuit court properly entered an injunction against an anti-abortion protestor who repeatedly made intimidating statements to a nurse who worked at clinic, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has ruled that a defense lawyer’s failure to request a copy of a child protective services report constituted ineffective assistance of counsel.

What is Wispact and how can it help my client? KC Kratochvill talks about this private nonprofit that maintains and administers pooled special needs trusts in Wisconsin.

In a per curiam decision, the U.S. Supreme Court this week reversed a decision by the Wisconsin Supreme Court that chose legislative and congressional redistricting maps submitted by Governor Tony Evers.

According to a recent Department of Justice release, the department recouped its second largest ever annual total from civil False Claims Act Claims. Leah Ruedinger discusses the types of claims over the past year and offers advice to help clients toavoid facing such claims.

When you pick up a case in a county that is new to you, it's a good idea to get acquainted with that court's rules, because they can differ widely from what you're used to. David Karp discusses local court rules and where to find them.

A company that refused to hire a man for a lighting specialist position after it learned he’d been convicted of domestic abuse did not engage in employment discrimination, the Wisconsin Supreme Court has ruled.

A Dane County couple did not forfeit their right to object to an arbitrator’s conduct by waiting until after the evidentiary hearing to make the objection, the Wisconsin Supreme Court has ruled.

A sales tax imposed by Brown County to fund capital projects complies with a statute that says sales taxes may be imposed only to directly reduce the property tax levy, the Wisconsin Supreme Court has held.

The new general counsel at the National Labor Relations Board is embarking on an aggressive campaign to overturn pro-employer precedents. Peter Albrecht provides an overview of some of the changes that could be important to both management and labor.

Two recent appeals court decisions draw attention to the presumption of openness in Wisconsin’s public record laws. Nelson W. Phillips details the cases decisions and the decisions.

Carbon capture – a climate change mitigation technology – is experiencing a surge in federal funding and private sector interest. Andrew Gunem discusses these developments and how Wisconsin can profit from this promising sector.

A recently appeals court decision reinforces the requirement for batterers to complete certified treatment before being granted sole or joint custody of minor children in a divorce. Marco Bichanich discusses the case and the importance of certified batterers treatment providers in protecting children from the impact of domestic violence.

Under COVID-19, more businesses shifted to a more robust online presence – and subsequently, a stronger need to protect their business and brand names. Emilie Smith discusses the issue and steps to take when dealing with copyright and trademarks, and offers tips for best practices.

In early March, President Joe Biden signed a new law banning mandatory arbitration for workplace sexual assault and sexual harassment claim. Holly Pomraning discusses the act and its implications for employers.

The first year of legal practice can be overwhelming, particularly for public interest attorneys working for small organizations with few mentoring resources. Elizabeth Stinebaugh offers tips and tricks from seasoned attorneys on what they “wish they knew” in their first year of practice.

The Wisconsin Court of Appeals has held that statutes of repose and limitation bar a lawsuit filed by homeowners over the installation and repairs to stone cladding on their house.

Legalese has been used excessively in contracts for too long. It creates an unnecessary hurdle that can be easily avoided by all contract drafters. Nicholas Fucinato discusses how legalese may cause readers to misinterpret language and lose the intent of an agreement.

When your clients need representation in municipal court, it’s good to know the “big picture.” Municipal Judge and Circuit Court Commissioner Jason Hanson provides an overview of municipal courts and offers some practice tips.

But the Republican-controlled Wisconsin Legislature has already asked the U.S. Supreme Court to overturn the Wisconsin Supreme Court’s decision.

A police stop of a man riding his lighted bicycle at a normal pace across a school playground at night violated the Fourth Amendment’s ban on unreasonable search and seizures, the Wisconsin Court of Appeals has held.

The bankruptcy code does not allow a lawyer to discharge more than $12,000 in sanctions imposed by the Wisconsin Office of Lawyer Regulation (OLR), the U.S. Court of Appeals for the Seventh Circuit has ruled.

A Madison ordinance prohibits employers from discriminating against employees based on political beliefs. Where pandemic precautions have become highly politicized, employers and employees should consider the ramifications, says Patrick O’Connor.

A company that obtained a written easement in 1980 to install a gas line beneath a homeowner’s property obtained a prescriptive right to continue using the gas line in 1990, the Wisconsin Supreme Court has ruled.

Looking for a grant for an elder law or special needs planning related project? A grant from the Elder Law and Special Needs Planning Section may be able to help, says Jessica Liebau.

Robin Sheridan and Jessica Biondo discuss two recent U.S. Supreme Court rulings regarding mandatory COVID-19 vaccination rules from the Centers for Medicare & Medicaid Services and the Occupational Safety and Health Administration.

The Wisconsin Supreme Court has ordered that a circuit court ruling against ballot box guidance issued by the Wisconsin Elections Commission be stayed only through the February 15 primary election.

A circuit court properly imposed consecutive commitment periods on a criminal defendant who pleaded not guilty by reason of mental disease or defect, the Wisconsin Supreme Court has ruled.

A circuit court did not rely on improper factors by discussing a defendant’s gun ownership when sentencing the man for second-degree intentional homicide, the Wisconsin Supreme Court has ruled.

The Fifth Amendment’s privilege against self-incrimination does not prevent an insurance company from denying coverage to a homeowner who was unwilling to provide information essential to his claim, the Wisconsin Court of Appeals has ruled.

State law does not prohibit an insurer from limiting underinsured motorist coverage (UIM) to persons insured under the insurer’s policy, the Wisconsin Supreme Court has ruled.

The Business Court Advisory Committee has petitioned the Wisconsin Supreme Court to extend the Commercial Docket Pilot Project for an additional two years

Former bankruptcy debtors have many steps, options, and resources to help them on the road to financial independence. John Menn outlines practical steps for bankruptcy clients to take to gain a fresh start on their finances.

Public construction projects require considerations not encountered on private projects, including when handling disputes among the parties. Kevin Long outlines several key issues in handling a construction dispute that involves a public entity.

Under the Trump Administration, thousands of children were separated from their families at the U.S. border, and separations still occur – although much fewer – under the Biden Administration. Rozita Gerhard discusses the “zero tolerance” policy and its effect on immigrant children

The Wisconsin Supreme Court has denied a petition filed by gubernatorial candidate Rebecca Kleefisch, who asked the court to review Wisconsin Election Commission (WEC) guidance as an original action.

An appeal from a circuit court’s decision in a lawsuit over ballot drop boxes will go directly to the Wisconsin Supreme Court under an order issued by the supreme court on Jan. 28, 2022.

The Wisconsin Supreme Court has ruled that an Illinois company’s failure to timely file a form with the Department of Workforce Development (DWD) after purchasing a Wisconsin company prevented the Illinois company from succeeding the unemployment insuranc

The idea to “bring your authentic self to work” can be problematic for professionals of color, writes Jennifer Johnson. In this Tip of the Month, Johnson discusses how microaggressions make it difficult for her and other Black women to feel comfortablebringing their authentic selves to work.

Three recent pieces of legislation seek to remove barriers to medical practice and expand access to medical care. Kristin Degeneffe discusses how these changes may affect physician assistants, advanced practice nurse practitioners, and out-of-state medical providers.

Are you an attorney of a diverse background who is interested in litigation? The State Bar of Wisconsin Litigation Section offers one-year sponsored memberships for attorneys with historically underrepresented backgrounds. Jacqueline Nuckels provides the details.

A contract for legal services related to redistricting that was authorized by a legislative committee and signed by a state senator is valid, the Wisconsin Supreme Court has held.

The longstanding theory that incarceration deters repeat-offending is difficult to test. Michael O'Hear discusses the conclusion of a new meta-analysis of the issue: The specific deterrence theory is just not true.

A recent Wisconsin court of appeals decision sends a message to child support payers. Jacob S. Wiese discusses why the decision makes it clear to parties paying child support that they must be proactive in revising child support orders when a child reaches the age of majority.

While women are joining the legal profession in equal numbers as men, the proportion of women partners has increased only marginally since the 1990s. Kelly Gorman discusses recent studies that reveal what it takes to retain women in law firm positions.

Senior lawyers have a lot to offer the community through service in many areas, yet many don’t realize that. Jean Baker says that senior lawyers should recognize that the general know-how and strengths acquired during their careers are exactly the characteristics most helpful to community organizations right now.

The Wisconsin Supreme Court has added eight cases to its docket. In one case, State v. Thomas, the court will consider the standard for determining whether the admission of DNA evidence against a criminal defendant in violation of his Sixth Amend

A recent Wisconsin Supreme Court decision in a lawsuit over charges for medical records renders moot a circuit court’s class certification in a similar lawsuit, the supreme court has ruled.

A judgment entered by a Mexican court against a Wisconsin couple who defaulted on a loan is enforceable in state court, the Wisconsin Supreme Court has ruled.

In this Tip of the Month, Irene Au-Young discusses the growing interest by legal professionals in the area of animal law. She provides resources and ideas about how public interest lawyers can get involved as advocates for the interests of animals.

As a follow-up to two recent articles in the Environmental Law Section Blog about environmental justice issues at the federal level, Tressie Kamp explores how Wisconsin lawyers might further principles of environmental justice, diversity, equity and inclusion in their own communities.

LGBTQ youth have unique issues that require attorneys to educate the court, particularly in family law matters. U.W. law student Renee Pasciak explains the need for this education and how to advocate for this population.

Divorce can be costly – an alternative is mediation. But what if the parties already must go through cultural mediation before a divorce? Chue Xiong discusses how to incorporate cultural mediation into your mediation practice – which may be the mosteffective way to obtain a divorce.

Amending the Wisconsin Constitution is not a quick or easy task, but it is not impossible. Alexander (Sandie) Pendleton and Benjamin Kuhlmann explain the process.

Individuals charged with a criminal offense are legally provided the presumption of innocence. However, those unable to post bond are subject to pretrial detention and the same treatment as those sentenced to confinement upon conviction. Nicole Muller explores the constitutional conflict between the presumption of innocence and pretrial detention in Wisconsin, and how attorneys can better advocate and protect the presumption of innocence.

A presumption against granting custody to an abusive parent can only be overcome with proof that the parent has completed treatment for batterers from a certified program or from a certified provider, the Wisconsin Court of Appeals has ruled.

A Wisconsin appellate court has ruled that a prosecutor who repeatedly argued that a victim’s testimony was “uncorroborated” violated the constitutional right of a criminal defendant who did not testify during the trial.

The state Department of Public Instruction (DPI) impermissibly inquired into religious doctrine in determining that two private schools in Washington County were affiliated with the Roman Catholic Church, a U.S. Court of Appeals has ruled.

For lawyers handling business acquisitions and divestitures, turning for help to outside professionals can lessen any issues that may arise. Eric A. Johnson discusses the types of professionals that can help lawyers smooth out complicated transactions.

A company that repossessed a car from an apartment building garage violated the Wisconsin Consumer Act (WCA), the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court will hear oral arguments on a lawsuit filed over the decennial re-drawing of the state's congressional and legislative districts at 9 a.m. Wednesday, Jan. 19.

In Milwaukee, the state legislature granted municipal governments the right to build new land along the coastline. These projects on lakebed fill must accommodate the public. Sarah Martinez gives details about a recent CLE program that discussed issuessurrounding lakebed fill projects.

While the litigation surrounding the Occupational Safety and Health Administration's (OSHA) vaccine and testing emergency temporary standard continues, employers should nevertheless be ready to implement these standards. Janelle Schlosser discusses what employers need to know for their implementation.

Video gaming machines that allow players to preview the outcome of particular games are illegal gambling machines, the Wisconsin Court of Appeals District I has ruled.

Two retired Milwaukee police officers who were rehired by the city lost the right to begin receiving retirement benefits at age 57, the Wisconsin Court of Appeals has ruled.

Dec 28, 2021 – State law does not grant a municipality the right to file a writ of certiorari challenging a board of review’s property tax assessment, the Wisconsin Supreme Court has ruled.

Dec. 28, 2021 – The Wisconsin Court of Appeals has certified an appeal over a victims’ rights ballot measure adopted last year to the Wisconsin Supreme Court.

Dec. 28, 2021 – The decision of an administrative law judge (ALJ) that the Wisconsin Department of Natural Resources (DNR) failed to comply with state law in issuing permits for a frac sand facility was supported by substantial evidence, the Wisconsin Cou

Dec. 28, 2021 – A state appeals court has ruled that a trace amount of heroin found on a defendant provides a basis for the offense of narcotics possession, because a jury could have reasonably inferred from compelling circumstantial evidence of recent dr

A sentencing court is not bound by the mandatory minimum prison sentence if a defendant qualifies for safety-valve relief. Lee D. Schuchart discusses the provision and two recent cases that appear to disagree on whether “and” actually means “and.”

Dec. 23, 2021 – A man with a history of filing frivolous lawsuits gave up his right to sue in forma pauperis by violating the terms of a litigation bar order, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Placing visible restraints on a criminal defendant absent a determination that specific circumstances related to courtroom security or escape warrant it violates the Fourteenth Amendment, the U.S. Court of Appeals for Seventh Circuit has r

Dec. 21, 2021 – Sovereign immunity does not bar a lawsuit filed by environmental groups against the Wisconsin Public Services Commission (PSC) and two of its commissioners, the U.S. Court of Appeals for Seventh Circuit has ruled.

In this article from the Marquette University Law School Faculty Blog, David Strifling discusses real-time control (RTC) or “dynamic” stormwater management systems that can help reduce the magnitude of outflows during storms and relieving other stresses on our stormwater systems.

There are many free resources available for Wisconsin attorneys – but do you know what they are and where to find them? Amanda R. Mayer talks about free tools and websites that can give your legal research a boost.

Parents with personal experience in the child welfare system can play a valuable role in many ways, including providing feedback and peer support. Heather Miller discusses how a lived experience voice is being incorporated in child welfare in Wisconsin.

The COVID-19 pandemic has impacted all aspects of business and commercial life – including leasing and subleasing office space. Joseph Mella discusses the new world of subleasing office space – and offers advice for lawyers who counsel would-be subtenants.

For nearly two years, health lawyers have been swamped with issues related to the COVID-19 pandemic. But the “new normal” means juggling those issues on top of more conventional ones. Amy Bradshaw highlights three recent non-COVID developments for her Wisconsin health law colleagues.

A medical records software company is not subject to statutory limits on fees for reproducing medical records, the Wisconsin Supreme Court has ruled.

It is important to maintain an ethical awareness when in the midst of mediation or legal negotiations, says James Mathie. He discusses ethics surveys of lawyers that have some surprising results, and provides several strategies to maintain your ethical awareness.

Wisconsin construction may soon need to comply with two different federal regulations aimed at combating COVID-19. Patrick Whiting summarizes the two new sets of rules affecting contractors with 100 or more employees and contractors entering federal contracts.

In 2020, the federal 340B Drug Pricing Program experienced an upheaval after some manufacturers cut the number of contract pharmacies obtaining drugs at a lower price and federal Health Resources and Services Administration Office of Pharmacy Affairs stepped up its enforcement authority. Richard Davis discusses the program, the surrounding litigation, and what’s next.

B Corps claim to be the gold standard for good business practices with respect to social and environmental performance, accountability, and transparency. Maureen O’Leary discusses the details of B Corps and benefit corporations in Wisconsin.

Prosecution misstatements about the elements of operating while intoxicated (OWI) and the omission of a paragraph from a standard jury instruction violated a criminal defendant’s due process rights.

A statute that exempts aircraft repair services from the state’s sales tax does not allow a company to deduct from the amount of sales tax it collects on an aircraft lease the portion attributable to repairs

A man convicted on four counts of fleeing or eluding an officer after leading police on a high-speed chase is not entitled to have three of the convictions vacated on grounds of ineffective counsel, because the three convictions were not multiplicitous

Rescheduling a final hearing on an involuntary commitment resets the 48-hour deadline for filing a jury demand, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court will redraw the existing voter redistricting maps, enacted in 2011 and litigated all the way to the U.S. Supreme Court, only where necessary to fix malapportionment between districts caused by population changes reflected in the 2020 census.

There are significant negative consequences from our unconscious assumptions. Lisa Derr provides seven steps to begin changing our unconscious bias and incorrect assumptions.

Private landowners may be asked to allow the public to use their land for snowmobiling and other recreational activities. Lindsey Kohls provides an overview of the protections for and risks to private landowners who let others engage in recreational activities on their property.

Four statutes authorize the recovery of attorney's fees for clients and lawyers in family law cases in Wisconsin. Karyn Gimbel Youso discusses the statutes, two of which apply generally to all civil cases and two that are specific to the family law statute.

Until the pandemic’s effects are greatly alleviated, construction supply chains will likely remain ambivalent and unpredictable. Saul Glazer discusses what owners, contractors, and suppliers can do to address the pandemic’s impact on supply chains.

A recent Occupational Safety and Health Administration notice requires that employers mandate that their employees either obtain a COVID-19 vaccination or undergo periodic COVID tests. Tom O’Day and Bethesda Zewdie review whether employers will be required to pay for COVID testing for employees who are not vaccinated.

Many businesses and industries are attempting to keep their workplaces as safe as possible due to COVID-19, including making vaccination a condition of employment.

Wisconsin law does not restrict a circuit court’s award of restitution for reasonable repair cost to the value of the property.

A man who served nearly 12 years in prison out-of-state after being sentenced in Wisconsin is not entitled to have that time credited against his Wisconsin sentences because it was not connected to the conduct underlying the Wisconsin sentences, the Wisconsin Supreme Court has ruled.

Legislation proposed in Wisconsin's Assembly and Senate can have an unexpected impact on your clients' payable on death (POD) designations. Jeff Goldman discusses the proposed bills, what that may mean for your clients' estate plans, and how to avoid unforeseen results.

Nine recent Wisconsin Court of Appeals cases discuss insurance coverage. Monte Weiss and Kristen Scheuerman provide a summary of the cases.

To offer securities or investment advice, broker-dealer agents have long been subject to continuing education requirements, but investment adviser representatives are not. That could change in 2022 or 2023. Deborah Fabritz discusses proposed educational requirements for investment adviser representatives.

The Fourth Amendment did not bar the admission of evidence discovered by a police officer who saw a dead body inside a garage after the garage owner called 911 to report a possible homicide.

State law does not allow the Town of Mentor to intervene as a matter of right in a case concerning the placement of a sexually violent person inside its boundaries, the Court of Appeals District IV has ruled.

A recent interim final rule from the Centers for Medicare & Medicaid Services requires health care providers and suppliers to establish COVID-19 vaccination requirements for all covered staff – and the vaccination deadline is fast approaching. John Rubin provides an overview of the rule, its required provisions, and the penalties.

A recent poll shows that the top reasons students enter law school are for a career in politics, government, or public service – yet only a small fraction of them become public interest lawyers. Jacob Haller discusses the reasons why, and offers a suggestion that can make a difference.

A current bill in the Wisconsin Legislature proposes a list of requirements and training that a potential guardian must go through before taking guardianship. Alexandra Evans discusses the requirements and their potential consequences for wards and guardians.

The Council of Environmental Quality (CEQ) proposed to restore the full breadth of reasonably foreseeable effects to be examined under the National Environmental Policy Act pursuant to the Biden Administration policy on climate resilience and environmental justice into the definitions of effects to accomplish the policies of the Biden Administration.

As the end of the London Interbank Offered Rate draws near, market participants should consider available alternative reference rates. The Bloomberg Short-Term Bank Yield Index (BSBY) is emerging as a contender. Patricia Lane, Louis Wahl IV, and Corrie Osborne discuss two possible replacements: the Secured Overnight Financing Rate and BSBY.

An action to compel a school district to turn over applications for a vacant school board position and applicants’ personal information will go forward under an opinion issued by the Wisconsin Court of Appeals District II last week.

What ethical limitations apply to a lawyer advocating systemic reforms? Chuck Stertz discusses the intersection of two aspects of the Supreme Court Rules of professional conduct: that they encourage attorneys’ active participation in efforts to improve the law and legal profession, while also requiring attorneys to zealously advocate for their clients and maintain client confidentiality.

A man who spent three years in jail awaiting trial and sentencing on armed robbery charges after his probation was revoked is entitled to 1,258 days’ credit against the armed robbery sentences, the Wisconsin Court of Appeals District III has ruled.

The ultimate hammer in the contractor’s bucket is to stop work. For the owner, it is to bar a contractor from a job. But there are significant potential downsides to taking such actions. Jim Dash identifies the risks of terminating a contract from either side.

A trial judge committed legal error when she sentenced a man to a five-year prison term for attempted robbery with threat of force without considering the gravity of the offense.

The increasing numbers of pumpkin patches, corn mazes, hay rides, and petting zoos prove that agritourism and other farm operations are growing in popularity. Matthew Beier explores liability concerns and protections for Wisconsin farmers who invite the public onto their property.

A man’s conviction on a charge of second-degree reckless homicide means that his homeowner’s insurance policy did not cover the death of his victim, the Wisconsin Court of Appeals District III has ruled.

Several proposed bills would significantly affect family law practice in Wisconsin. Emily Tercilla provides a brief overview of these legislative bills and their anticipated impact.

A man convicted on four felonies, two dismissed post-conviction on claims of ineffective assistance of counsel, can now pursue legal malpractice claims against his former defense lawyer for negligence as to two of the charges.

A recent National Labor Relations Board announcement updated guidance on whether student athletes at academic institutions are considered employees with the right to organize. John Rubin discusses the new guidance and gives practical suggestions for academic institutions in light of the announcement.

When one family unit becomes two, differing opinions on appropriate use of social media can arise. Ashleigh Hacker discusses the rise of “sharenting” and considerations for divorce attorneys in negotiating parental agreements.

Through Legal Aid Society’s EvictionFreeMKE, residents in Milwaukee County at or below 200% of the federal poverty level now qualify for free representation in an eviction case. Joe Riepenhoff discusses why this is a good start to stemming an overwhelming need.

The Wisconsin Supreme Court recently visited Ozaukee County as part of its “Justice on Wheels” program. Jacques Condon writes about their visit and includes excerpt from the remarks of Chief Justice Annette KingslandZiegler.

The intersection of Wisconsin’s workers’ compensation and safety regulations is more common than you may think. However, less common are those who possess the knowledge to handle the interaction of the two and determine who gets what. Matthew Lein gives the background on the intersection and examples that may help attorneys handle such a situation.

As mediators, we need to think about our presence. How do our attitudes and beliefs affect the mediation process? Paul Stenzel discusses how maintaining a positive attitude while acknowledging your biases strengthens your mediation skills.

As the human toll from climate change is becoming more and more apparent, human rights arguments are being increasingly used in climate change litigation. Arwen Bleksley discusses the increasing number of climate change litigation cases that use human rights as bases for their arguments.

The impeachment exception to the hearsay rule does not allow the state to use a defendant’s voluntary statement, obtained in violation of Miranda v. Arizona, during its case-in-chief, under a recent state supreme court decision.

What are the changes in the Emeritus status for senior lawyers? Michael May talks about the changes, who they apply to, and why he believes they were necessary.

The Wisconsin Supreme Court has issued another extension of a temporary order that allows court reporters to take depositions remotely.

The Court of Appeals District IV has reversed a circuit court ruling that a police officer illegally extended a traffic stop to administer field sobriety tests because he didn’t observe the driver driving, behaving or talking suspiciously.

A state appeals court has ruled that a restrictive covenant prohibits Door County landowners from converting their parcel into three, single-family units, concluding that the condominium declaration was an improper land division.

A recent Bureau of Justice Statistics study says that most former prisoners are reconvicted of a new offense or are returned to prison within 10 years of their release. Michael O’Hear outlines the study’s results, which also say that, for those who avoid rearrest in the first three years, recidivism rates drop sharply over time.

The First Amendment does not prohibit Congress from excluding businesses that offer live adult entertainment from the second round of the Paycheck Protection Program (PPP), the U. S. Court of Appeals for the Seventh Circuit has ruled.

Drones can be useful tools in construction. In this article, John Schulze outlines the laws that govern drone flying and offers advice for their use in construction.

There are many different ways to achieve a mediation agreement. Nancy Mills suggests alternative ways for both parties to achieve desired results.

The Supplemental Nutrition Assistance Program (SNAP) is an underutilized benefit, especially for older adults. In this Tip of the Month, Christine J. Huberty discusses how you can help promote and destigmatize Wisconsin’s FoodShare program for this vulnerable population.

Analysis shows that there are fewer Chapter 12 farm bankruptcies filed this year. But does that actually mean bankruptcies are down? David Krekeler discusses the issue – and the new form of Chapter 11 known as Sub V.

Our section is not diverse – yet. We want to do more to change that reality. Iris Christenson, past section chairperson and the new diversity and inclusion liaison for the section, talks about the section’s immediate and proactive steps toward improving the section’s diversity.

Physical property markers are powerful indicators of property law – and finding them is a hobby called “benchmarking.” Emily Kelchen points out how there are countless physical reminders of property law all around the U.S.

The Fifth Circuit Court of Appeals recently determined the Indian Child Welfare Act to be overall constitutional, although it struck down certain provisions. Bailey Holt provides an overview of the act, and discusses the case and its implications.

Although there may seem to be no neutral position when discussing recent U.S. troop withdrawal from Afghanistan, Ngosong Fonkem discusses an approach based on public international law principles.

OSHA recently updated its guidance for COVID-19 prevention plans in the workplace. Janelle Schlosser discusses the new guidance and outlines six of its recommendations.

A woman predicted that her husband might try to kill her. Then, she died by poisoning. The husband was charged with the killing. Could the wife’s accusation “from beyond the grave” be used against him at trial? Michael O’Hear discusses the case that required the Wisconsin Supreme Court to make sense of a messy line of U.S. Supreme Court decisions on the Confrontation Clause.

Property can change hands multiple times soon after a sale. Ryan M. Billings discusses a recent court of appeals decision that clarifies the circumstances under which a subsequent owner can sue the original seller for fraud.

While family law attorneys have access to discovery tools like basic interrogatories and requests for documents that are commonly used by civil litigators, there are other tools out there that can bolster a case. Jeff Raymond outlines the pros and cons ofthree tools typically underemployed in family law litigation.

While an errata sheet can be used to correct transcription errors, an errata sheet is not a panacea for a poorly given deposition. Erik Monson discusses case law and challenges surrounding use of errata sheets in making substantive changes to a depositiontranscript.

Is now the time to sell or gift a business before the end of the year? Maureen O’Leary discusses potential changes to gift, estate, and income tax laws, and why business owners might want to complete business transactions before the end of 2021.

In a recent Notice of Proposed Rulemaking, the U.S. Department of Labor proposed further changes to for tip regulations, an area that has been in flux for years. Justin Brewer provides an update on what’s going on with the 2020 Final Tip Rule.

To combat a shortage in certified private practice attorneys available to help Wisconsin’s youth, the State Public Defender Office (SPD) is offering training in juvenile justice practice. Diane Rondini discusses the SPD’s new project, Juvenile Rural Access to Training and Expertise (J-RATE).

With Wisconsin’s adoption of the Uniform Adult Guardianship and Protective Proceedings Act in 2018, transferring a guardianship to or from another state can be more efficient. Amy Greske discusses important factors in navigating the statute and successfully transferring a guardianship.

COVID-19 has brought many changes to the way mediations are conducted. Brent Smith discusses what mediation might look like, post-pandemic.

What happens when the State removes access to your clients’ property? That property’s value and use can be drastically and negatively impacted by the removal of access. Ryan Simatic discusses the remedy, inverse condemnation, and how it can be used to compensate property owners.

The State Public Defenders Office’s (SPD) goal to ensure that all clients are provided zealous and effective representation, regardless of the clients’ means, is a challenging one, especially in light of recent developments, like COVID-19. Katie York discusses the need for more attorneys willing to take SPD cases and ways that the SPD is using to close the gap.

In this article from the Marquette University Law School Faculty Blog, David Strifling, discusses an “unprecedented makeover in longstanding principles of state-level administrative law” that “shift[ed] power away from agencies and toward courts, the legislature, and the governor.”

Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges of electronic records and signatures.

The Wisconsin Department of Children and Families recently promoted a new child welfare initiative that focuses on prevention and keeping families together. Azucena C. Guizar discusses the need to reach out to immigrant families in particular.

Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby.

Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges.

Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby.

Bias is just as much about people judging you, as it is about you judging others, writes Michael Yang. This insight can be the key to understanding why anti-bias training is critical to all lawyers.

The Wisconsin Department of Children and Families recently promoted a new child welfare initiative that focuses on prevention and keeping families together. Azucena C. Guizar discusses the need to reach out to immigrant families in particular.

A series of digital data discoveries implicated Steven Burch in a murder case. Recently, the Wisconsin Supreme Court rejected Burch’s claim that police obtained the digital data in violation of his Fourth Amendment rights.

When oil and gas prices plummeted during the COVID-19 pandemic as countries went into lockdown, companies began invoking force majeure clauses to change obligations under their contracts. Katherine Plachta discusses the debate surrounding COVID-19 as a force majeure event.

Is it time to reassess the Adoption and Safe Families Act requirement for termination of parental rights once a child has reached a total of 15 months in foster care? Lisa-Marie Line discusses the time limit and reasons why it may not be long enough to allow family reunification.

Claims for ERISA disability insurance benefits due to COVID-19-related disabilities are heavily scrutinized by plan administrators and insurance companies, often resulting in their denial. Jessa Victor discusses how to best navigate claims for such benefits, including those based on an employee’s inability to work due to the pandemic.

The Wisconsin Supreme Court recently held (4-2) that the state’s Department of Natural Resources (DNR) erroneously interpreted the law in concluding that it had no authority to consider the environmental impacts of high-capacity wells.

Divisive mergers have been available in some states since 2006. Jim Phillips discusses how divisive mergers provide a unique way to separate operations into discreet business entities by operation of law, rather than using bills of sale, deeds, and assignments.

Although the nature of legal practice during the pandemic proved to be challenging for all, Timothy Verhoff reflects on some systemic changes implemented that could have a positive, lasting impact.

The family cabin is often one of the family’s most cherished assets, and protecting it from devastating long-term care costs requires advance planning. Corinna Martell discusses the benefits of using a family LLC to protect family property.

What does a good romantic comedy have in common with running a small business? Stephanie Melnick talks about the lessons learned in the movie "You’ve Got Mail."

Companies are increasingly implementing Environmental, Social, and Governance (ESG) programs. Nadelle Grossman discusses the rise of these programs, the reasons to implement them, and ESG program legal requirements.

Attorneys practicing public interest law may frequently hear this question from a client. Kate Cook discusses ways to respond – and how that response can build a more trusting relationship with your client.

The Wisconsin Supreme Court has unanimously ruled that statements made during a post-polygraph interview with a suspect were admissible as evidence, concluding the defendant voluntarily made the statements without police coercion.

In another pandemic-related decision, the Wisconsin Supreme Court (4-3) recently ruled that the Dane County Health Department exceeded its authority when it ordered all schools, including private schools, to cease in-person instruction.

To create safer workplaces, some employers are offering cash bonuses to employees who get the COVID-19 vaccine. Yingtao Ho discusses whether such bonuses may increase the employee’s liability for overtime pay.

While governed by uniform guidelines, the practice of child welfare law varies from county to county across Wisconsin. Michael Puerner discusses the role of Judicial Engagement Teams: to bring together teams of community stakeholders to identify best practices and implement positive changes in child welfare cases.

Laws and policies can do double duty to lessen climate change and also help communities prepare for natural disasters. Betsy Lawton discusses two climate mitigation opportunities to provide public health co-benefits: use of sun and shade.

Taking the exam to become a Certified Elder Law Attorney (CELA) is a rigorous process. Greg Banchy discusses his experience becoming a CELA – and whether it is worth the time and effort.

When parties change their mind about going through with a pending divorce or legal separation, they must file a voluntary dismissal. David Karp talks about the two different ways that a family law action may be dismissed.

As workplaces open up after pandemic closures, COVID-19 long-haulers re-entering the workforce face new challenges. Summer Murshid discusses the challenges for employees as well as those faced by their employers.

Eighteen states and the District of Columbia have now legalized cannabis, and Gov. Evers has proposed that Wisconsin do likewise. Alexander (Sandie) Pendleton discusses the issue and its potential impact on rural communities in the state.

A Milwaukee man challenged a property tax assessment, arguing the assessed value should be zero since contamination rendered the property unmarketable. Recently, the Wisconsin Supreme Court (4-3) disagreed.

The Office of the Inspector General’s first Special Fraud Alert in six years highlights a growing concern about sponsored speaker programs and the potential implications for fraud and abuse actions under the anti-kickback statute. Leah Ruedinger discussesthe implications of this Special Fraud Alert.

The decision to put a child in adult criminal court should require a deliberate decision on the part of the judge, writes Alaina Fahley, who discusses the current reverse waiver proceeding to return youth to the juvenile justice system.

Legislation to reorganize Wis. Admin. Code ch. DCF 150 and eliminate new family support orders will become effective this year. Jill Mueller explains the changes to DCF 150 that make the shared placement calculation the primary method of calculating support.

The Wisconsin Supreme Court recently issued pandemic-related orders, including one that “no longer requires that personal masking, social distancing, and sanitizing court facilities be part of any plan for circuit court and municipal court proceedings.”

Rollbacks in 2020 of federal protection of waterways and wetlands under the Clean Water Act left millions of wetland acres in Wisconsin vulnerable to development. Michael Cain discusses a collaboration by Wisconsin’s Green Fire and The Nature Conservancy

The Wisconsin Supreme Court has ruled that an employee who attempted suicide cannot file a tort action for negligence against his employer’s insurer because the state worker’s compensation law provides the exclusive remedy.

A man who was patronizing the Saukville tavern where he worked does not have immunity from liability after he physically ejected a drunk patron and caused severe injuries, the Wisconsin Supreme Court has held.

Wisconsin's Public Trust Doctrine offers unique protections for Wisconsin's waterways. Andrew Morgan discusses the application of Wisconsin's Public Trust Doctrine to the state's surface waters.

In complicated cases, neutral evaluations may be a better method of dispute resolution. Roy Wagner discusses when and how to use this close cousin of mediation.

What’s the best method to calculate an equitable adjustment when a contractor encounters a differing site condition? Brian R. Smigelski outlines the hierarchy of methodologies utilized in Wisconsin.

The Wisconsin Supreme Court has concluded that proposed procedures for anticipated redistricting litigation ”are unlikely to materially aid this court’s consideration of an as yet undefined future redistricting challenge.”

Carbon farming ideas and infrastructure are cropping up at the state and federal level. Jane Landretti discusses how policies and private interests are sowing seeds for infrastructure that could transform how we think about incentives for agricultural practices that promote cover crops and healthy soils.

The Wisconsin Supreme Court recently upheld a conviction for operating or going armed with a firearm while intoxicated despite the defendant’s argument that the statute was unconstitutionally applied to him.

A recent ruling provides a hard lesson for contractors about partial lien waivers. James Thiel discusses the case and the ruling, and the lesson learned.

In the Hmong community, clan leaders participate in the mediation of divorce cases. Chue Xiong discusses the importance of clan mediation, and why it is important that attorneys participate.

Employers using a tip credit or tip pool under the Fair Labor Standards Act (FLSA) are now subject to new regulations. Jordan Rohlfing discusses recent changes to the regulations and offers recommendations for employers.

The Wisconsin Court of Appeals also rules that “equitable indemnification” not an appropriate remedy for spoliation under decades of Wisconsin case law.

Because of its tax-free forgiveness, Public Service Loan Forgiveness (PSLF) borrowers can lower their monthly payment by maximizing their retirement contributions. Bradley Yanke discusses this way to lower PSLF monthly payments.

The City of Madison’s bird-safe glass ordinance may fly in the face of the state of Wisconsin’s Uniform Commercial Building Code (Uniform Code). John Schulze discusses the ordinance and its challengers.

The Wisconsin Supreme Court has unanimously approved Rule Petition 20-07, introducing a comprehensive system of electronic filing for the Wisconsin Court of Appeals and Wisconsin Supreme Court.

The Wisconsin Supreme Court (7-0) ruled that the circuit court did not err when it set an exercise price that was higher than an expert's appraised value.

What’s it like to argue a case before the Seventh Circuit – via Zoom? In October 2020, Milwaukee attorney Nick Zales did just that, and discusses just what it was like to embrace the appellate Zoom experience.

In determining whether to order third-party visitation, a court must analyze the visitation request based upon the child’s best interest, giving special deference to a fit parent’s determinations as to what visitation is appropriate.Wisconsin Legislative Council Information Memorandum.

The recent 2021 National Trade Estimate Report on Foreign Trade Barriers reveals important insights regarding U.S. trade policy focus under the Biden Administration. Ngosong Fonkem discusses the report and why U.S. companies with footprints in China should be on alert.

Abigail Hean discusses the “child welfare to juvenile justice to adult prison pipeline” – the failure of these systems to adequately address the needs of the youth they serve, ultimately causing more harm than good.

Legal language creates barriers to understanding. Mary L. Ferwerda discusses how incorporating concepts of “plain language” into dispute resolution documents, such as agreements to mediate and the resolution agreements, can improve parties’ understanding and compliance with the stated terms.

The intersection of Wisconsin workers' compensation and third-party liability is more common than you may think. Matthew Lein discusses background on third-party negligence claims and how third-party awards are split.

Wisconsin’s unemployment hearing backlog seems overwhelming, and the low win rate could mean financial catastrophe for claimants, says Victor Forberger. Lawyers are needed to help them –here is where and how to get involved.

Ruling on a moot issue that will only guide future action, the Wisconsin Supreme Court has confirmed, once again, that a statewide emergency order limiting capacity at restaurants, bars, and other indoor facilities was invalid and unenforceable.

This month, the 21st Century Cures Act Information Blocking Rule took effect. Jonathan Klock provides a brief overview of the rule, key exceptions and tips for compliance, and helpful resources for more information.

Reporters from the MacIver Institute for Public Policy sued Wisconsin Gov. Tony Evers, alleging they were denied access to a press event because of their organization’s viewpoint. Recently, a federal appeals court rejected that claim.

Events of the past few years in the U.S. bear a disturbing resemblance to events of the Roman Empire before its fall, says Myron LaRowe, including polarized politics and civil unrest. What are the lessons to learn from the past?

The state election laws require municipal clerks or municipal election commissions to change the registration status of electors who may have moved, not the Wisconsin Election Commission (WEC), the Wisconsin Supreme Court has ruled (5-2).

Disabled individuals rely on public benefits that are often determined by a computer program rather than a person. Julia Veenendaal discusses computer-automated decision-making and a case study involving due process challenges to Medicaid benefits software.

Elisabeth Stockbridge discusses efforts to address racial disparities and incarceration among emerging adults in Wisconsin.

How would a human rights-centered foreign policy impact U.S. businesses engaged in international trade? Ngosong Fonkem discusses compliance challenges and how companies can protect themselves from the inevitable increased trade measures that would ensue ensue from the policy shift.

Boilerplate objections in response to written discovery requests in civil cases cause undue delay, excessive costs, and needless consumption of time, say Ralph Tease and David Blinka. Wisconsin courts should not hesitate to sanction those who use boilerplate objections to evade discovery obligations.

The Wisconsin Supreme Court today, in a 4-3 decision, concluded that Gov. Tony Evers exceeded his authority when declaring a public health emergency due to COVID-19, extending previous orders, without the legislature’s consent.

The U.S. Court of Appeals for the Seventh Circuit has ruled that city of Madison and U.W. police officers are entitled to qualified immunity for excessive force claims brought by a man arrested after a U.W.-Madison Badger Football game.

The new trend of virtual mediation has been around for a while now. Michael D. Rust discusses lessons learned from 150 mediation referrals during the pandemic, and how the use of online dispute resolution is translating to the users of the services.

The Wisconsin Supreme Court ruled that a previous decision established the “law of the case” and the wife's pre-death statements were inadmissible under the Sixth Amendment’s Confrontation Clause.

The CDC’s eviction moratorium ends March 31, 2021. In this Tip of the Month, Elizabeth Groeschel details Wisconsin programs that offer rental assistance to clients who need it.

The ABA House of Delegates in February 2020 passed a resolution urging voter preregistration for 16- to 18-year-olds. James Casey talks about the resolution – and how it reinforces the importance of civics education in U.S. schools. This importance is even more critical given the November 2020 U.S. election and the January 6, 2021, insurrection at the Capitol in Washington, he says.

Privacy Laws are fast changing, requiring companies to frequently adapt their web presence and online security schemes. Eric A. Johnson discusses how to help business clients keep their customer data safe.

The Wisconsin Supreme Court has ruled (4-3) that a defendant may seek discovery of Wisconsin-specific data in a Wisconsin Department of Corrections (DOC) database to challenge his status as a sexually violent person.

Wisconsin’s energy market is shifting toward renewable energy – are renewable energy third-party financing arrangements the new third rail? Nathan Jurowski discusses the legislative and regulatory changes that could stimulate private investment in Wisconsin’s commercial and residential renewable energy and provide opportunities for local contractors.

Little used before COVID-19, the Public Readiness and Emergency Preparedness (PREP) Act aimed to shield drug makers from liability when bringing vaccines to market during a public health emergency. Stephen Veit gives an overview of the Act and discusses recent cases involving health care providers in the COVID-19 era.

Finding mentors is a critical part of starting a new attorney’s career. Tiara Oates offers tips on how to locate mentors and on nurturing the mentor/mentee relationship.

The Seventh Circuit recently indicated an interest in addressing the standard of causation for disparate treatment claims under the ADA. Storm Larson discusses Seventh Circuit precedent and variations among other circuits on the issue.

The agricultural industry can expect big changes from the Biden Administration, says Christina Puhnaty. President Biden made direct promises to the agricultural industry to improve the lives of farmers and rural U.S. in general, and promised to partner with the agricultural industry to combat climate change.

Famous for dairy and agriculture, Wisconsin also hosts strong business leaders in a variety of areas attractive to foreign investors. Bethany Wilson offers a quick guide to foreign direct investment in Wisconsin.

Residential construction contracts pose unique challenges for contract drafters in Wisconsin. Andrea Murdock offers advice on what to include in your residential construction contracts to avoid disputes and unnecessary costs.

The North woods getaway called “Bibs Resort” and its red “bibs” logo was the subject of a recent 4-3 decision by the state supreme court, which ruled that ownership of the tradename and trademark in dispute transferred to a new owner upon sale of the resort.

With a new federal administration and much speculation about tax law changes, attorneys can expect their farm clients to ask many questions about how Biden’s proposed tax plan will impact them. Christine Rasmussen examines some of the various tax proposals under the Biden administration.

As public interest attorneys, we should approach our client representation in a holistic way, says Elizabeth Stinebaugh. In this Tip of the Month, Stinebaugh discusses a helpful resource – the Crime Victims Compensation program, which assists those who ha

When a mediation is heading into overtime, do you continue or reschedule? Brent Nistler discusses the pros and cons of continuing mediation when it takes more time than expected..

No private easement is permanent in Wisconsin, says Jessica Shrestha, even "perpetual" ones. Learn about helping your client's easement issues via Wis. Stat. section 893.33.

A state appeals court has clarified a circuit court’s authority to order the use of bail money to pay restitution if the bail-related charges are later dismissed but a defendant enters a global plea deal to resolve other outstanding criminal charges.

Enacted in February 2020, 2019 Wisconsin Act 92 allows more adoptive family to receive adoption assistance. The end result, says Steven Konitshek, seems well worth the additional cost – more children finding their forever homes.

The U.S. Court of Appeals for the Seventh Circuit has ruled that a jury must decide whether a Wisconsin police officer’s actions were objectively reasonable when he fired four shots into a vehicle, killing one of the vehicle’s occupants.

Nursing homes across the country continue to violate and challenge the 1987 Nursing Home Reform Act. Peter Grosskopf discusses the Act and relevant case law, which serve as a reminder for clients to review admission contracts before signing.

There is no right to equal periods of placement when considering child custody agreements, writes Mark Fremgen. Each situation is different, and placement agreements should involve all relevant facts when deciding the best interests of the child.

In response to a need for assistance highlighted by the COVID-19 pandemic and other recent events, the State Bar of Wisconsin Business Law Section established the Small Business Assistance project. Peter Trotter talks about the project and encourages Wisconsin business lawyers to volunteer.

The Wisconsin Supreme Court has unanimously upheld an operating while intoxicated (OWI) conviction, eighth offense, despite the defendant’s argument that the state did not meet its burden to prove a prior OWI conviction from 30 years ago.

Employers and health care providers across the country are opting to participate in Centers of Excellence Programs and will need to meet the legal requirements of every state in which they do so. Angela Rust helps attorneys for providers and health plans spot these state law issues of importance, with specific commentary on Wisconsin.

The Consolidated Appropriations Act 2021 did not extend the Families First Coronavirus Response Act (FFCRA), but the FFCRA can still impact an employee's leave. Nicole Stangl discusses what employers should know regarding the FFCRA in 2021.

The COVID-19 pandemic has monumentally impacted businesses, and bankruptcy filings are expected to increase in 2021 as government aid runs out – affecting many Wisconsin businesses. Jennifer Knackert discusses key steps Wisconsin businesses should take when bankruptcy disrupts their supply chains.

Construction attorneys need to be familiar with intellectual property principles and copyright matters associated with their clients’ businesses. In part 2 of this two-part series, Bryan Kroes discusses additional practical copyright considerations, including trademarks and patents.

Construction attorneys should be familiar with intellectual property principles and copyright matters associated with their clients’ businesses. In part 1 of this two-part series, Bryan Kroes provides an introduction to copyright and how it intersects with construction projects.

The Wisconsin Supreme Court has ruled that a jail inmate who admitted stealing another inmate’s property in a telephone call with police was not “in custody,” which would have required the officer to give a Miranda warning before questioning him.

Volunteering as a lawyer can help someone in need of help. But what else is involved? James Troupis discusses the lessons you learn when volunteering as a lawyer.

Terminating an agreement to lease agricultural land can be a complicated process. Jason Brasch explains how to avoid unnecessary frustration and expenses when selling real property subject to an agricultural tenancy.

With flooding an increasing problem in Wisconsin, directing and controlling surface water drainage is important for property owners. Rick Manthe discusses the “reasonable use” rule, and the potential consequences of diverting surface water ontoneighboring properties.

The State Bar of Wisconsin Elder Law and Special Needs Section offers grants to members and nonmembers for organizations and events related to elder law and special needs law. Tiara Oates provides information about the grants and how to apply.

The Wisconsin Supreme Court has ruled (5-2) that the Town of Newbold had authority to prohibit a property owner from dividing his lakefront lot into two parcels, rejecting the claim that the town’s ordinance was preempted.

IRIS (Include, Respect, I Self-Direct) is a Medicaid long-term care program that allows eligible Wisconsin residents to live in their own home, while self-directing support and services. Julianne M. Cox discusses the program, enrollment, and its benefits and services.

The Corporate Transparency Act addresses the unlawful use of corporations and limited liability companies. Joseph Mella discusses how this newly adopted Act may also create an administrative burden for business law practitioners.

A state appeals court concluded the circuit court lost personal jurisdiction but rejected the argument that circuit courts must appoint a lawyer, at county expense, if an SPD appointment is delayed.