News & Pubs Archive

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 helpingclients 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.