News & Pubs Archive

With the April 2018 revision of the termination of parental rights (TPR) ground for continuing need of protection or services, it is still unclear in certain cases which version of the law is applicable to certain cases. Jenni Spies Kara discusses the issue, to be heard by the Wisconsin Supreme Court in February 2021.

With COVID-19 vaccinations now available, employers may want to implement a mandatory vaccine policy within their organization. Janelle Schlosser reviews the risks for employers related to mandatory vaccine policies in the workplace.

With the promise of the mass distribution of effective vaccines on the horizon, we hope that jury trials – many canceled due to the pandemic – can be resumed in 2021. In anticipation (and optimism) that we are finally turning the corner on COVID-19, Edward Robinson discusses Wisconsin’s five-sixths rule requirement in civil jury cases.

The idea of adapting your legal practice to a virtual format is not a novel idea – and under COVID-19, is now a reality for many of us in the legal profession. But should it be a permanent move, post pandemic? Stephen Hegedus discusses the pros and cons of virtual and traditional offices.

The Wisconsin Supreme Court has ruled (5-1) that an aggrieved party’s right to certiorari review of a zoning board’s decision was triggered when a written copy of the decision was filed in the board’s office, not when an oral decision was rendered.

The Wisconsin Supreme Court (4-3) recently denied an original action petition challenging a Dane County order that placed restrictions on business and indoor sports activities and prohibited indoor gatherings of extended family and friends.

A recent Court of Appeals decision confirms the high standard for reversing an arbitration decision. Kevin Long discusses the decision’s takeaway – it is important to provide an arbitrator the opportunity to cure.

Artificial intelligence-based technologies that forecast future medical conditions are coming into mainstream use. Kristin Degeneffe discusses the choices health care organizations face in determining how fully to embrace these trends in 2021 and beyond.

An appellate eFiling petition and rule amendments are now before the Wisconsin Supreme Court for approval. Eric Pearson outlines the petition and proposed changes, where to find more information about the petition, and where to file any comments.

Conversations around inequality and oppression are difficult and sometimes uncomfortable, but are valuable and necessary, says Joseph Riepenhoff, who explores concepts of identity and power that may help lawyers and the profession to move intentionally toward equality and inclusion.

Adult children can bring wrongful death claims, on their own behalf, if a parent’s death is allegedly caused by a party’s negligence. When claims involve medical malpractice against health care providers, however, adult children have no standing.

Effective representation – whether a mediator or lawyer – requires understanding not just the parties’ points of view, but how your own biases may impact the process. Lisa Derr offers seven tips for mediators to improve their cultural awareness.

The medical profession often fails the elderly and those with terminal illness by avoiding honest talk about the choices these patients face. The same problem exists in elder law, says Benjamin Wright, who discusses one of the hardest aspects of elder law – learning to talk honestly with clients in a way that leads to good decisions.

Residents and communities around Wisconsin are experiencing more flooding and heavy rainstorms, causing lost homes and lives and significant property damage. Andrea Gelatt explores the challenges from intense flooding and efforts to mitigate those risks.

The Wisconsin Supreme Court has clarified that a “stay-at-home” order amid a pandemic is not a basis, on its own, for voters to declare “indefinitely confined” status and vote by absentee ballot without showing photo identification.

In this era of doing more with less, triaging family cases could benefit Wisconsin family courts, parties, and lawyers by using scarce resources more efficiently. Paul Stenzel discusses how triage, or differentiated case management, could fit into family court systems.

An employer unlawfully discriminated against a job applicant based on the applicant’s conviction record, a state appeals court has ruled.

Farmers are suffering from mental health issues that are compounded by the effects of COVID-19 on their product markets. Eliza Reyes talks about programs designed to help Wisconsin farmers, and how lawyers can help as well.

Since 2004, the Seventh Circuit has recognized three forms of associational disability discrimination. Storm Larson discusses a recent decision that indicates the Seventh Circuit may be open to new theories of associational disability discrimination.

A state appeals court has ruled that the City of Monroe is immune from tort claims by a resident who slipped and fell on a city street outside his office, concluding the state’s “discretionary immunity statute” applied to bar the suit.