News & Pubs Archive

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.

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 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.

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.