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News & Pubs Archive

    Mar. 27, 2024
    WisBar Court Review

    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.

    Mar. 27, 2024
    Litigation Section Blog

    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.

    Mar. 27, 2024
    Children & the Law Section Blog

    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.

    Mar. 22, 2024
    WisBar Court Review

    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.

    Mar. 21, 2024
    Business Law Section Blog

    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.

    Mar. 20, 2024
    Elder Law & Special Needs Section Blog

    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.

    Mar. 18, 2024
    WisBar Court Review

    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.

    Mar. 18, 2024
    WisBar Court Review

    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.

    Mar. 14, 2024
    WisBar Court Review

    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.

    Mar. 14, 2024
    WisBar Court Review

    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.

    Mar. 12, 2024
    Government Lawyers Division Blog

    The American Bar Association’s Annual Section of Labor and Employment Law Conference never disappoints, writes Andrew Gollin. Learn more about the conference.

    Mar. 13, 2024
    Health Law Section Blog

    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.

    Mar. 07, 2024
    WisBar Court Review

    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.

    Mar. 07, 2024
    WisBar Court Review

    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.

    Mar. 07, 2024
    WisBar Court Review

    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.

    Mar. 06, 2024
    WisBar Court Review

    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.

    Mar. 06, 2024
    WisBar Court Review

    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.

    Mar. 05, 2024
    WisBar Court Review

    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.

    Feb. 29, 2024
    WisBar Court Review

    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.

    Mar. 01, 2024
    Business Law Section Blog

    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.

    Feb. 29, 2024
    WisBar Court Review

    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.

    Feb. 29, 2024
    Solo/Small Firm & General Practice Blog

    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.

    Feb. 26, 2024
    Public Interest Law Section Blog

    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.

    Feb. 21, 2024
    WisBar Court Review

    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.

    Feb. 19, 2024
    Labor & Employment Blog

    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.

    Feb. 16, 2024
    Public Interest Law Section Blog

    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.

    Feb. 14, 2024
    WisBar Court Review

    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.

    Feb. 14, 2024
    WisBar Court Review

    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.

    Feb. 14, 2024
    WisBar Court Review

    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.

    Feb. 15, 2024
    Business Law Section Blog

    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.

    Feb. 20, 2024
    Government Lawyers Division Blog

    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.

    Feb. 05, 2024
    WisBar Court Review

    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.

    Feb. 05, 2024
    WisBar Court Review

    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.

    Feb. 05, 2024
    WisBar Court Review

    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.

    Feb. 06, 2024
    Litigation Section Blog

    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.

    Feb. 01, 2024
    Health Law Section Blog

    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.

    Jan. 27, 2024
    WisBar Court Review

    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.

    Jan. 25, 2024
    Children & the Law Section Blog

    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.

    Jan. 24, 2024
    Family Law Section Blog

    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.

    Jan. 23, 2024
    Construction & Public Contract Law Section Blog

    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.

    Jan. 12, 2024
    WisBar Court Review

    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.

    Jan. 11, 2024
    WisBar Court Review

    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.

    Jan. 11, 2024
    WisBar Court Review

    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.

    Jan. 11, 2024
    WisBar Court Review

    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.

    Jan. 09, 2024
    Labor & Employment Blog

    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.

    Jan. 09, 2024
    Solo/Small Firm & General Practice Blog

    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.

    Jan. 05, 2024
    Family Law Section Blog

    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. 03, 2024
    WisBar Court Review

    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.

    Jan. 02, 2024
    WisBar Court Review

    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.

    Jan. 02, 2024
    WisBar Court Review

    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.

    Jan. 02, 2024
    WisBar Court Review

    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.

    Jan. 02, 2024
    WisBar Court Review

    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.

    Dec. 19, 2023
    Public Interest Law Section Blog

    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.

    Dec. 19, 2023
    Children & the Law Section Blog

    '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.

    Dec. 15, 2023
    WisBar Court Review

    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.

    Dec. 15, 2023
    WisBar Court Review

    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

    Dec. 14, 2023
    WisBar Court Review

    The Wisconsin Supreme Court has named Milwaukee County Circuit Court Judge Audrey Skwierawski as the Director of State Courts.

    Dec. 12, 2023
    Health Law Section Blog

    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.

    Dec. 12, 2023
    Business Law Section Blog

    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.

    Dec. 12, 2023
    Family Law Section Blog

    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.

    Dec. 11, 2023
    Labor & Employment Blog

    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.

    Dec. 07, 2023
    Solo/Small Firm & General Practice Blog

    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.

    Dec. 07, 2023
    Public Interest Law Section Blog

    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.

    Dec. 07, 2023
    Litigation Section Blog

    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.

    Nov. 21, 2023
    WisBar Court Review

    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.

    Nov. 21, 2023
    WisBar Court Review

    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.

    Nov. 14, 2023
    WisBar Court Review

    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.

    Nov. 08, 2023
    WisBar Court Review

    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.

    Nov. 08, 2023
    WisBar Court Review

    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.

    Nov. 08, 2023
    Public Interest Law Section Blog

    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.

    Nov. 07, 2023
    Labor & Employment Blog

    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.

    Nov. 06, 2023
    Business Law Section Blog

    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.

    Nov. 03, 2023
    Health Law Section Blog

    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.

    Oct 27, 2023
    WisBar Court Review

    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.

    Oct 27, 2023
    WisBar Court Review

    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 .

    Nov. 06, 2023
    Elder Law & Special Needs Section Blog

    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.

    Oct 27, 2023
    WisBar Court Review

    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.

    Oct 31, 2023
    Solo/Small Firm & General Practice Blog

    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.

    Oct 31, 2023
    Public Interest Law Section Blog

    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.

    Oct 16, 2023
    WisBar Court Review

    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.

    Oct 16, 2023
    WisBar Court Review

    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.

    Oct 12, 2023
    WisBar Court Review

    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.

    Oct 10, 2023
    Children & the Law Section Blog

    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.

    Sep. 27, 2023
    WisBar Court Review

    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.

    Sep. 27, 2023
    WisBar Court Review

    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.

    Sep. 27, 2023
    WisBar Court Review

    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.

    Sep. 26, 2023
    WisBar Court Review

    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.

    Sep. 26, 2023
    WisBar Court Review

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

    Sep. 26, 2023
    WisBar Court Review

    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.

    Sep. 26, 2023
    Labor & Employment Blog

    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.

    Oct 04, 2023
    Solo/Small Firm & General Practice Blog

    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.

    Sep. 18, 2023
    Solo/Small Firm & General Practice Blog

    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.

    Sep. 18, 2023
    Construction & Public Contract Law Section Blog

    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.

    Feb. 08, 2024
    Government Lawyers Division Blog

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

    Sep. 12, 2023
    WisBar Court Review

    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.

    Sep. 12, 2023
    WisBar Court Review

    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.

    Sep. 12, 2023
    WisBar Court Review

    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.

    Sep. 11, 2023
    Children & the Law Section Blog

    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.

    Aug. 30, 2023
    WisBar Court Review

    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.

    Aug. 30, 2023
    WisBar Court Review

    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.

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