News & Pubs Archive

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.

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.

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.