Wisconsin has the third highest number of natural lakes of U.S. states but keeping these and other water resources clean and equitably available for all users is a challenge that increases by the day. This overview presents the basics of Wisconsin's water laws and the issues that are catalysts for disputes about water use, which we will explore in a series of articles in 2022.

Apr. 06, 2022

Solutions
COVID-19 Battle Highlights Importance of Healthcare Decision-making

Engaging in advance planning for healthcare decision-making can mean the difference between life and death. Mike and Luciana Wiltse share their harrowing experience with writer Jeff M. Brown.

Apr. 06, 2022

April 16 is Healthcare Decisions Day in Wisconsin

After nine years of practicing estate planning and elder law, Appleton lawyer Jon Fischer has seen up close the effects of failing to plan for end-of-life care.

Mar. 16, 2022

Consumer Right-To-Repair Raises Complex Legal Issues

Federal legislators and regulators are responding to restrictions on consumers' right to repair vehicles and other products.

Mar. 10, 2022

As I See It
Nudges, Algorithms, and Human Choice: What Does the Future Hold?

How has technology such as the algorithm affected human choice, especially in areas such as economics, politics, and social policy? The concept of human choice is baked into the social contracts of democracies and more specifically into the U.S. Constitution. The author argues that algorithms should augment human intelligence, not replace it.

Feb. 09, 2022

Surprise! It’s the No Surprises Act

Too often, people who have accidents or other health-related emergencies are then hit by unexpected medical bills. The recently enacted federal No Surprises Act might alleviate some of the financial harm.

Dec. 15, 2021

District Courts Add to Drug Pricing Upheaval: 340B Pricing and Enforcement Litigation

In 2020, the federal 340B Drug Pricing Program experienced an upheaval after some manufacturers cut the number of contract pharmacies obtaining drugs at a lower price and federal Health Resources and Services Administration Office of Pharmacy Affairs stepped up its enforcement authority. Richard Davis discusses the program, the surrounding litigation, and what’s next.

Jul. 07, 2021

Legal Research 101: Resources for Disability Law

From the Americans with Disabilities Act to the Rehabilitation Act of 1973 and a variety of Wisconsin statutes, there are many resources that define and outline the rights of those with disabilities. This is a guide to online resources for those researching disability cases.

Jun. 04, 2021

American Dream Turned Nightmare: Liability for Undisclosed Defects in Real Estate Sales

Damage caused by defects that a home's seller knew about but did not disclose can be a nasty surprise. Sellers, buyers, real estate agents, home inspectors, and contractors all have responsibilities to look closely and carefully at any property whose purchase they are involved with.

Jun. 04, 2021

The Legal Treatment of Vaccine Injury Claims

Claims alleging injury from vaccines must be brought in specialized federal tribunals. Learn about the current legal treatment of vaccine injury claims, including claims related to COVID-19 vaccines, and the statutory processes applicable to them.

Feb. 17, 2021

Tip of the Iceberg: Opioid Litigation and Wisconsin's Latest $573 Million Settlement

The nationwide opioid litigation has and will reap billions of dollars in settlements funds, much like the tobacco litigation settlements of the 1990s.

Feb. 03, 2021

Small Businesses Hit by COVID Get Free Legal Help from Wisconsin Lawyers

The State Bar of Wisconsin Business Law Section has launched Small Business Assistance, a project offering free legal advice to Wisconsin small-business owners.

Feb. 03, 2021

Get the Word Out! Free Legal Help for Wisconsin's Small Businesses

In this video, Trish Lane and Nadelle Grossman discuss the Business Law Section's Small Business Assistance Project to help struggling small businesses in Wisconsin.

Jun. 03, 2020

The New Wave of Litigation: An Early Report on COVID-19 Claims

The authors identify practice areas in which cases related to the COVID-19 outbreak have been or are likely to be brought, including employment, consumer, personal injury, and insurance law.

May 22, 2020

Protecting Yourself from Pandemic Fraudsters

Consumers can get free, weekly, credit reports, not just one free report per year, according to this post from Ray Dall’Osto and Chris Hayden of GRGB Law in Milwaukee.

May 06, 2020

Referral Service Connects Lawyers with Clients in the Age of Coronavirus

In the age of the coronavirus, the State Bar's Lawyer Referral and Information Service (LRIS) is a great way to expand your practice and bring new clients to your (virtual) doorstep. Join now and get May and June free.

Apr. 07, 2020

Helping Clients in Nursing Homes and Assisted Living Facilities

Lawyers can help older individuals and their families by advising on selection of a long-term care facility and encouraging residents and family members to monitor the quality of care received in facilities.

Mar. 09, 2020

The Face of Elder Financial Exploitation

In Wisconsin, financial exploitation is the largest category of elder abuse after self-neglect. This article looks at certain vulnerabilities among older clients, along with options and resources to address them, especially through drafting and statutory provisions for financial powers of attorney.

Mar. 09, 2020

Financial Elder Abuse: Returning Control to Victims

Representing older clients in financial abuse cases requires the readiness to act quickly but also the recognition that traditional law enforcement and judicial system responses might not be appropriate. Here are considerations and steps to take when investigating and remedying financial abuse of an elder.

Jun. 05, 2019

Emerging – Help Your Clients Navigate the New Hemp/CBD Industry

Changes to state and federal law means hemp is now a legal agricultural crop instead of an illegal controlled substance. Collin Schaeffer highlights several issues lawyers will be called to figure out in this new legal landscape.

Apr. 19, 2019

On Our Radar
Alcohol Sales: Can Online Retailers Sell Directly to Consumers?

Aaron Gary says a soon-to-be-decided U.S. Supreme Court case may significantly affect Wisconsin’s alcohol distribution system.

Mar. 20, 2019

Tip of the Month:
The Senior Medicare Patrol and Protecting Clients Against Medicare Fraud

In this Tip of the Month, Kate Schilling identifies some of the tactics employed by Medicare scam artists and offers tips to help clients avoid becoming victims of fraud.

Feb. 20, 2019

E-Cigarettes: Increasing Usage Among Teens Triggers Regulation, Lawsuits

Regulation and lawsuits take aim at e-cigarette makers, alleging marketing efforts have targeted young populations and contributed to a new class of nicotine addiction.

Feb. 14, 2019

Rise of the Machines: Wearable Technology in the Workplace

Assistive technology is becoming more prevalent and accepted in the workplace. Eric Meier discusses some of the latest technology and legal considerations surrounding the employee data that is captured by wearable technology.

Feb. 12, 2019

Solutions
Getting Paid: Trends You Need to Know

Whether to accept online payments is no longer a question. Amy Mann gives the whys and hows for reducing friction in billing and payments processes.

Oct. 18, 2018

Equally Liable: Credit Cards and Consumer Lending in a Community Property State

Obtaining a credit card or consumer loan as a married individual in Wisconsin actually requires compliance with multiple and complex areas of law. MaiVue Xiong discusses the framework lenders need to comply with obtaining and reporting credit, and the potential ramifications married consumers should know in Wisconsin.

Jul. 18, 2018

Sea Change:
No More Great Weight Deference to Administrative Agencies

The Wisconsin Supreme Court recently ended its practice of deferring to state agencies' conclusions of law. But fractured opinions will leave practitioners to decipher the code.

Jul. 18, 2018

Good News, Bad News: $373K Reimbursed for Lawyer Theft

The Wisconsin Lawyers' Fund for Client Protection Committee reimbursed 19 victims of lawyer theft over the past year.

May 02, 2018

Landlord-Tenant Law: Changes Under New Wisconsin Act 317

A new landlord-tenant bill was recently signed into law. Major changes relate to assistance animals, electronic delivery of certain documentation/information, emergency assistance, waiver and more. In this article, Tristan R. Pettit explains.

May 01, 2018

Supreme Court Divided on Nexus for Internet Sellers

A case before the U.S. Supreme Court could significantly change the sales and use tax nexus landscape in the U.S. With a final decision anticipated this summer in South Dakota v. Wayfair , Luona Hao discusses the case and its implications for businesses.

Nov. 01, 2017

As I See It
Trouble by Design: Recreational Immunity Statute a Barrier to Justice

Jim Rogers argues the results of many judicial decisions have encroached on the right of injured plaintiffs to obtain remedies when they are harmed by negligent acts.

Nov. 01, 2017

Solutions
Tough Conversations: When Medicaid Planning Goes Wrong

Avery Mayne’s tips for talking to clients whose previously obtained legal advice has not gone as desired will help lawyers in client conversations in a variety of difficult situations.

Oct. 17, 2017

Lender Transfers Insufficient to Show Ownership of Auto Loan Debt

The last in a line of successive companies that acquired auto loan debt portfolios failed to establish ownership of a specific debt with sufficient evidence for summary judgment against the individual debtors, a state appeals court has ruled.

Oct. 01, 2017

Recreational Liability: Plaintiff-friendly Standards Remain

The Wisconsin Supreme Court’s 2016 decision in Roberts v. T.H.E. Ins. Co. shows that the justices disagree on the limits of the recreational liability statute, but overall their standards still favor injured parties, especially in situations in which waivers are deficient, in substance or process. The author discusses challenges practitioners face following Roberts and offers practice tips.

Sep. 20, 2017

Access to Justice: A New Regulatory Approach to the Virtual Legal Marketplace?

Oregon is addressing an access to justice problem with regulatory rule changes that embrace the virtual legal marketplace, including providers like Avvo. Other states have gone the opposite direction, issuing ethics opinions prohibiting such engagement. Wisconsin has not yet issued a formal position via ethics opinion or otherwise.

Sep. 05, 2017

Funeral Home, Cemetery Anti-Combination Laws Survive Challenge

So-called “anti-combination” laws that prohibit joint ownership and operation of a cemetery and a funeral home withstood a constitutional challenge recently, as a state appeals court has ruled the law has a rational basis.

Sep. 01, 2017

Top Consumer Complaints …
And What Agency Watchdogs Say You Can Do About Them

Every year, many Wisconsin residents contact the state with complaints about negative consumer experiences. This article sketches out the state’s consumer protection apparatus, identifies the most common types of complaints, and suggests best practices for consumers to work out disagreements with businesses.

Sep. 01, 2017

Navigating Wisconsin’s Consumer Protection System

The sheer scope and complexity of consumer law is daunting for consumers and practitioners. Consumer protection provisions are scattered among many different statutes and administrative code chapters, but the responsibility for enforcing them rests among several administrative agencies, often with overlapping jurisdiction. Here is an overview of Wisconsin consumer protection laws, and the regulatory agencies responsible for them.

Sep. 01, 2017

How to Privately Enforce Consumer Laws

Our justice system needs competent lawyers willing to pursue consumer law claims for individuals who have been victimized by predatory economic practices. Here is a look at a consumer law practice, federal and state consumer protection laws, and how lawyers can obtain an award of attorney fees based on the fee-shifting provisions in consumer protection statutes.

Sep. 01, 2017

Editor's Note
A Focus on Protecting Consumers

This issue centers on consumer protection, says Erik Guenther, and looks into unfair, deceptive, and fraudulent business practices and how lawyers can help address them.

Sep. 01, 2017

101
Timeshare Sales: A Consumer Protection Perspective

Mary Fons provides an introduction to timeshares, describes a typical hard-sell sales presentation, and reviews effective statutory remedies lawyers can use to obtain relief for those defrauded.

Sep. 01, 2017

Managing Risk
Caution: Consumer Protection Law Is Complex

Tom Watson says lawyers preparing to practice in consumer protection should steep themselves in the law of the particular focus area, such as auto fraud, home improvement, debt collection, and more.

Sep. 01, 2017

Solutions
Fair Debt Collection: The Search for the Least Sophisticated Consumer

To determine if communications with debtors comply with the law, Brandon Bowlin says lawyers should understand the Fair Debt Collection Practices Act and the least sophisticated consumer standard.

Sep. 01, 2017

Final Thought
After the Money’s Gone – It’s Too Late

The most effective consumer protection, says Frank Sullivan, consists of preventing people from being fleeced in the first place.

Aug. 08, 2017

The Department of Labor Fiduciary Rule is Here – Sort of

After numerous delays, the U.S. Department of Labor has now partially implemented a new fiduciary rule for financial professionals providing investment services to retirement plans. Drew Parrish discusses the new fiduciary rule, its implementation status, and how the rule will apply.

Jul. 05, 2017

Summer in Wisconsin: Resources for Tourism and Hospitality Law

Fishing, boating, camping, festivals and concerts, cooling off at a water park – all usual activities of summer in Wisconsin. But what happens when something goes wrong? Here are resources to help with your research into tourism and hospitality law.

May 01, 2017

As I See It
Out of Sync: Assistive Reproductive Technology & Parentage Law

Advances in assistive reproductive technology are giving new options for parentage to individuals who are in same-sex marriages, are dealing with infertility, or both. But Wisconsin law is not keeping pace. To resolve disputes when a surrogacy agreement falls apart and grant parent status, the author proposes that Wisconsin courts use an “intended-parent” test.

Dec. 14, 2016

No Injury, No Standing: Court Rejects Claim Under Credit Card Transactions Law

Jeremy Myers really wants someone to pay for violating a federal law that requires merchants to block out the last five digits of a credit card number on receipts. But a federal appeals court has ruled against Myers for the second time in three months.

Sep. 13, 2016

Tribe Immune from Lawsuit Alleging Violations of Credit Card Transaction Law

Federal law prohibits merchants from including credit card expiration dates and full credit card numbers on receipts. But a lawsuit alleging violations by the Oneida Tribe of Indians of Wisconsin may not proceed, on immunity grounds.

Jul. 20, 2016

Rental Car Law: Considerations Before You Hit the Open Road

July 20, 2016 – From expired plates to complex insurance issues, the rental car experience could lead down a road of problems. Be informed before you put the pedal to the metal.

Jun. 01, 2016

Sorry, Wrong Number: Auto-dialed Customer Calls

Businesses that use automated telephone dialing must examine their dialing systems and customer-intake processes to ensure they comport with federal regulations and to shield themselves from potentially major liability.

May 09, 2016

Appeals Court Rejects Accord and Satisfaction Argument in Lemon Law Case

A commercial truck manufacturer must pay double damages of $200,000 and another $200,000 in attorney fees for violating Wisconsin’s lemon law, a state appeals court has ruled, rejecting an “accord and satisfaction” argument.

Apr. 20, 2016

Download End-of-Life Planning Guide and Start That Conversation with Clients and Family – Available Free Through April 29

Don’t keep your loved ones in the dark about your end-of-life wishes. Download the State Bar’s planning guide, free to download through April 29.

Apr. 20, 2016

Keep Businesses Running Smoothly – Down the Street or on the Web – with the Newly Revised Commercial and Consumer Transactions in Wisconsin

Help your 21st-century business clients thrive with advice on time-tested statutes, evolving case law, and cutting-edge technology, using the newly revised Commercial and Consumer Transactions in Wisconsin from State Bar of Wisconsin PINNACLE.

Apr. 06, 2016

Legal Research: Exploding Airbags and Undeclared Allergens – Locating Resources for Vehicle and Consumer Product Recalls

Dealing with shrapnel-shooting airbags, faulty ignition switches, or unsafe child car seats? You can find a wealth of information about vehicle and consumer produce recalls on federal regulatory websites.

Apr. 01, 2016

State Law Preempts Municipal Property Inspection Ordinances

The Wisconsin Statutes now prohibit local governments from imposing or enforcing time-of-sale requirements on the sale of real estate and other local ordinances affecting real estate transactions. Because the old requirements remain on the books, and appear on the mandated offer to purchase form, lawyers must ensure buyers and sellers are on the same page.

Apr. 01, 2016

Nursing Home Admission Contracts: Enforcing Arbitration Provisions

Nursing-home residents and their families may, by signing on the dotted line, lose their ability to take care and treatment disputes to court. The authors discuss characteristics of the typical nursing-home admission process and the enforceability of arbitration provisions in nursing-home admission agreements.

Apr. 01, 2016

101
How to Foreclose against Abandoned Properties

Andrew Oettinger and Christopher Flowers provide tips to help clients through the process of buying and selling zombie properties.

Mar. 01, 2016

What’s for Supper?
Trends in Food and Beverage Law

For players in the ever-expanding food and beverage market, health-related labels, the rise of craft breweries, and new food-safety laws require the assistance of savvy counsel. This article looks at food and beverage laws, giving a glimpse into the challenges and opportunities that face this dynamic industry.

Mar. 01, 2016

Things Every Lawyer Should Know
Litigating in Bankruptcy Court

One practice area lawyers cannot afford to ignore is bankruptcy. Because of bankruptcy courts’ broad jurisdiction, a wide variety of cases can be implicated, including evictions, foreclosures, the validity of and right to payment from trusts, consumer protection laws, defamation, and domestic support arrears.

Jan. 01, 2016

101
How to Add Fair Credit Reporting Act Cases to Your Practice

Sam Wayne says claims under the Fair Credit Reporting Act are not fact-intensive, can be prosecuted very efficiently, and can make good additions to your practice.

Dec. 28, 2015

Despite “As Is” Clause, Homebuyer Wins Misrepresentation Appeal Against Bank

A bank is liable for a misrepresentation that induced a homebuyer to buy a foreclosure home with undisclosed water and mold damage, even though the sale contract said the buyer was purchasing the home “as is,” a state appeals court has ruled.

Dec. 01, 2015

101
An Intro to Understanding Wisconsin’s Open Meetings Law

Whether advising government officials or members of the public, Peter Block says lawyers should know which governmental meetings must be open and the rules for publicizing and conducting open meetings.

Nov. 30, 2015

Bringing Financial Literacy to Wisconsin Adults, Students

Nov. 30, 2015 – The State Bar is launching a new, statewide program that teaches students and adults about responsible credit use and other fundamentals of financial literacy.

Oct. 01, 2015

Foreclosures in Limbo: Zombie Properties

Real-life vacant houses don’t shelter ghosts or poltergeists, but the problems they cause can be as daunting to vanquish as any fictional apparition. A recent supreme court case illuminates the effect of zombie properties on homeowners, lenders, and surrounding communities. Although the decision offers some resolutions, many questions remain.

Oct. 01, 2015

Managing the Threat of Whistleblower Claims

Laws protecting and rewarding employees or other individuals who report companies’ internal problems present risks of legal, financial, and business reputational costs and damage too large for all entities, even the smallest, to ignore. This article offers suggestions for managing risk based on the hard lessons learned by companies exposed to enforcement action.

Oct. 01, 2015

Changes on the Horizon: Sales and Use Tax in the E-Commerce Era

The Internet marketplaces has changed the retail landscape, and many believe the time has come to update the sales tax treatment of e-commerce transactions crossing state lines. This article presents an overview of sales and use taxation, the current tax treatment of e-commerce transactions across state lines, and potential legislation and judicial action related to e-commerce retailers.

Apr. 14, 2015

Appeals Court Upholds $4.6 Million Judgment against Travel Company

A company that sold travel club memberships to Wisconsin consumers must pay more than $4.6 million in restitution and fines for misrepresentations and a failure to disclose certain information on solicitations, a state appeals court has ruled.

Feb. 27, 2015

Wisconsin Debt Settlement Company Must Pay Back $4.2 Million in Fees

A state appeals court has ruled that a debt settlement company must pay back the $4.2 million in fees that it charged individuals to settle their debts.

Dec. 03, 2014

Keep up Clients’ Spirits with PINNACLE’s Alcohol Beverages Regulation in Wisconsin

Dec. 3, 2014 – Serving and consuming alcohol beverages is part of many people’s year-end holiday celebrations. But regulation of alcohol beverages is an issue year-round for businesses that produce, transport, and sell them and for governmental officials who monitor these activities. PINNACLE’s Alcohol Beverages Regulation in Wisconsin, newly supplemented in 2014, will help you unmuddy the waters for private and public clients.

Nov. 26, 2014

Class Counsel’s Fee Was Excessive, Federal Appeals Court Says

Class counsel attorneys’ fees averaging $538 per hour was excessive compensation, the U.S. Court of Appeals for the Seventh Circuit has ruled in an appeal from a class action settlement involving makers and distributors of dietary supplements.

Nov. 01, 2014

Unequal Bargaining Power: Navigating Arbitration Clauses

Increasingly, the U.S. Supreme Court has interpreted the Federal Arbitration Act to apply to parties of unequal bargaining power, making it more difficult for individuals and businesses subject to adhesion contracts to exercise their legal rights.

Aug. 26, 2014

Helpful Reminders for Incoming College Freshmen On the Move

As incoming freshmen all over the state are getting ready to leave home for the first time and start classes, the State Bar of Wisconsin is issuing helpful reminders to new adults.

Jul. 21, 2014

Supreme Court Clarifies Attorney Fee Issue in Fee-Shifting Case

A consumer with a legal claim against an auto dealer entered a settlement agreement without his lawyer’s knowledge. Recently, the Wisconsin Supreme Court ruled against the consumer’s lawyer regarding attorney’s fees.

Apr. 16, 2014

Wisconsin’s New Lemon Law in Effect, With New Procedures and Remedies

April 16, 2014 – Consumers (and their lawyers) should understand the intricacies of Wisconsin’s new lemon law to avoid the pitfalls, says Milwaukee lawyer Vince Megna. This article explains the changes with commentary from Megna on the practical effects.

Mar. 11, 2014

The Verdict is In: Rhinelander Mock Trial Team Advances to Nationals

Rhinelander High School captured its 17th high school mock trial state title yesterday after defeating Shorewood High School in a very close final round judged by six members of the Wisconsin Supreme Court. The team will now advance to the National High School Mock Trial Tournament, May 8-10 in Madison.

Feb. 17, 2014

Give 17-Year-Olds a Second Chance: Contact Your Legislator

Help the State Bar of Wisconsin send a bill to the governor’s desk, which would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

Jan. 28, 2014

Wisconsin Supreme Court Divided on Economic Loss Doctrine, Insurer Wins

A home insurer scored a win today as the Wisconsin Supreme Court split 3-3 in a case involving water damage, products liability, and the “economic loss doctrine.” Without a majority, a lower appeals court ruling on the issue controls.

Sep. 01, 2013

Casting a Wider Net: Health Information Privacy Is Not Just for Health Lawyers

Not only lawyers who concentrate on health care law but also many lawyers whose work merely brings them in contact with health information must understand new HIPAA regulations that rigorously affect privacy. New HIPAA regulations are effective Sept. 22, 2013.

Aug. 14, 2013

Appeals Court Certifies Case Involving Interest Rates on Short-Term Loans

A consumer who borrowed short-term loans at annualized interest rates of 246 and 385 percent says the loans are unconscionable. Recently, a state appeals court asked the Wisconsin Supreme Court to “draw the line.”

Jul. 01, 2013

Revised UCC Article 9: Compliance Tips for Creditors and Debtors

Amendments to Article 9 of the Uniform Commercial Code, which deals with security interests in most types of personal property and fixtures, took effect on July 1, 2013. The authors describe the types of property and transactions to which Article 9 applies, explain key terms, and provide tips to help you counsel your creditor and debtor clients.

Jun. 25, 2013

Wisconsin Supreme Court Will Hear Cell Phone Tracking Case, Among Others

The Wisconsin Supreme Court has agreed to decide whether police can track a suspect’s whereabouts through court-ordered cell phone location data.

Jun. 19, 2013

Budget Bill Proposal Impacts Pending Lead Paint Litigation

June 19, 2013 – A provision now included within the state budget bill would trigger retroactive enforcement of tort reform provisions related to risk contribution theory. This article explains how the changes would potentially impact pending litigation.

Mar. 06, 2013

How to Prevent Financial Elder Abuse

March 6, 2013 – Investor abuse is at an all-time high, and the elderly are most at risk. In this video, attorney Jeff Salas discusses how financial abuse occurs, reveals the tell-tale signs of investment harm, and explains how investors can bring claims for harm caused by inappropriate investment sales.

Mar. 01, 2013

Retirement Adrift: Financial Elder Abuse

Investor abuse is at an all-time high and elderly investors and retirees are especially vulnerable. For investors who lose money due to stockbroker misconduct, there are options for recovery through the Financial Industry Regulatory Authority or state and federal courts.

Feb. 13, 2013

State Supreme Court May Revisit Consumer Case Post-Concepcion

The Wisconsin Supreme Court may decide whether several consumers who borrowed money against their car titles are bound by arbitration clauses that a trial court has found to be unconscionable.

Jan. 24, 2013

Plaintiff Survives Appeal in Billing Scam Case Against Telecommunications Companies

A business that sued several telecommunications companies alleging the companies together engaged in deceptive billing practices has cleared another major hurdle.

Jan. 16, 2013

Get Ready: The State Bar Launches New WisBar Website Feb. 4

Jan. 16, 2013 – When you visit WisBar.org next month, you'll experience far more than a fresh coat of paint applied to the website. On Monday, Feb. 4, the State Bar will launch a new WisBar, the first major redesign and technology overhaul since 2005.

Jan. 02, 2013

Business Reputation: Online Reviews Spark Numerous Disparagement Lawsuits

Jan. 2, 2013 – Many websites allow individuals to post reviews about products and services. If those reviews are not true, businesses can sue, and these types of cases are on the rise. This article explains the recent developments in this area with insight from Milwaukee lawyer Donald Daugherty.

Dec. 28, 2012

ADR Agreement Designating the National Arbitration Forum is Unenforceable

Dec. 28, 2012 – An alternative dispute resolution (ADR) agreement designating the National Arbitration Forum (NAF) as arbitrator using NAF rules and procedures is unenforceable, a state appeals court has ruled, because NAF is no longer available.

Dec. 14, 2012

Economic Loss Doctrine Does Not Bar Tort Claims Based on Product Defect, Appeals Court Rules

Dec. 14, 2012 – Larry Krueger's water softener failed after two years, causing nearly $45,000 in damages. Recently, a state appeals court ruled the economic loss doctrine does not bar a lawsuit by Krueger's home insurer against the company that manufactured the water softener.

Oct. 16, 2012

In Fee-Shifting Cases, Represented Party Cannot Settle Without Lawyer's Knowledge

Oct. 01, 2012

Determining Reasonable Attorney Fees

Many Wisconsin statutes make it possible for prevailing parties to recover attorney fees from the opposing side. Recent changes, however, presumptively cap reasonable attorney fees at not more than three times the damages awarded and list factors a court must assess when making the award. Here is a look at how courts may interpret and apply the law.

Sep. 27, 2012

Wisconsin Couple Loses Consumer Act Lawsuit Against Home Improvement Chain

Sep. 19, 2012

Regulating Fantasy Football: Is Participation Betting Under Wisconsin Law?

Sept. 19, 2012 – Do the estimated 24.5 million people who play fantasy football violate gambling laws? It depends on the state, according to sports lawyer Marc Edelman. Wisconsin has not addressed the issue specifically, suggesting the state regards fantasy sports as contests of skill.

Aug. 22, 2012

Wisconsin Consumer Act Trumps Choice-of-Law Contract Provision, Appeals Court Rules

Aug. 01, 2012

New Law Eases Requirements: Navigable Waterway Permits

2011 Wisconsin Act 167 changes the DNR’s permitting authority and requirements for navigable waterway permits. Effective Sept. 1, 2012, the new law eases requirements for private entities seeking to fill navigable waterways by shortening timelines, removing public participation requirements, and creating presumptive approvals. The changes have significant implications for the state’s administration of the public trust doctrine.

Aug. 01, 2012

Landlord-Tenant Rights: Recent Law Changes Lawyers Need to Know

Aug. 1, 2012 – The landscape of landlord-tenant rules is changing. A federal law is set to sunset in 2014, a state law has already sunset, and Gov. Walker signed 2011 Act 143. In this video, Delavan attorney Brian A. Schuk discusses changes that attorneys representing tenants and landlords need to know.

Jul. 18, 2012

Greenwash: Overselling a Product's 'Greeness'

July 18, 2012 – Greenwashing describes vague unsubstantiated or misleading environmental marketing claims. In this video, David Gilles and Matthew Kemp discuss Wisconsin's standards for labeling recycled, recyclable, and degradable products and the requirements for substantiating the energy savings created by certain products.

Jun. 01, 2012

Greenwash: Overselling a Product's 'Greenness'

Businesses and consumers eager to sell or buy environmentally friendly products should know that not every representation accurately conveys the "greenness" of the product.

Jun. 01, 2012

Unravel a Complicated Statute With PINNACLE's New Edition of The Wisconsin Fair Dealership Law

June 6, 2012 – State Bar of Wisconsin PINNACLE^® ; has just released the 2012 edition of The Wisconsin Fair Dealership Law, the definitive text on a uniquely Wisconsin statute. Every manufacturer or seller of products or services doing business in Wisconsin does so in the shadow of the Fair Dealership Law; any business – or business attorney – who fails to consider the reach of that law does so at his or her or its own peril.

May 24, 2012

Wisconsin Supreme Court Clarifies Lemon Law, Sides with Consumer

May 24, 2012 – A car dealer that can’t prove a consumer intentionally thwarted the dealer's attempts to timely refund a customer's money can't escape Wisconsin's lemon law, and payment of double damages, the Wisconsin Supreme Court has ruled.

May 01, 2012

The ADAAA: Key Changes to Disability Law

In the ADAAA, Congress amended federal disability-discrimination law to restore a breadth of coverage under the ADA. Federal courts have since made initial findings of disability in a broad spectrum of discrimination cases in which they once would have refused to do so. Here is a look at the key changes.

Apr. 01, 2012

Career: Repaying Law School Debt

Programs that allow you to tackle the debt, and leave you with enough money to live on.

Apr. 01, 2012

Determining 'Pecuniary Loss'

Persons who violate DATCP orders regulating methods of business competition and trade practices, face stiff civil penalties under Wis. Stat. section 100.20(5), including twice the amount of any pecuniary loss. Determining what is a pecuniary loss is critical.

Feb. 24, 2012

Voluntary payment doctrine is not a viable defense to deceptive telecommunications billing

Feb. 24, 2012 – Voluntarily paying a bill will not bar claims of "cramming," the practice of slipping small but unauthorized charges into customers' bills, under the state's telecommunications statute.

Feb. 13, 2012

Wisconsin joins $25 billion mortgage settlement

Feb. 13, 2012 – On February 9, 2012, at a press conference in Washington D.C., an historic $25 billion settlement agreement involving the mortgage servicing industry was announced.

Jan. 27, 2012

Automatic renewal clauses in 'business contracts' now regulated

Feb. 1, 2012 – To start off 2012 on the right foot, now is a good time to advise business clients on a law concerning renewal and extension provisions in business contracts. In this article, Madison attorney Barbara Zabawa explains the law and who it impacts.

Jan. 03, 2012

Concepcion means class action waiver provision is enforceable in consumer case

Jan. 3, 2012 – A binding arbitration provision that barred a Wisconsin consumer from pursuing a class-action lawsuit against a payday loan lender is indeed enforceable.

Dec. 06, 2011

Insurance carrier escapes duty to defend dating service business in consumer suit

Dec. 6, 2011 – A commercial dating service business, originally sued by the state back in 2009 for violations of various consumer protection laws, won’t have the benefit of insurance defense.

Dec. 01, 2011

Health-care Reform: What You Should Know

Lawyers need to understand the effects of the 2010 Health-care Reform Law as they seek health-care coverage for themselves, their families, and their employees, and as they counsel their business clients.

Nov. 30, 2011

Infomercial guru must reimburse $37.6 million for misleading consumers

Nov. 30, 2011 – A prolific late-night infomercial salesman turned author must pay $37.6 million to consumers for misrepresenting the content of his bestselling book, the U.S. Court of Appeals for the Seventh Circuit recently ruled.

Nov. 14, 2011

Supreme court hears oral argument in lemon law case, could decide burden of proof issue

Nov. 14, 2011 – The Wisconsin Supreme Court recently heard oral argument in a lemon law case in which a car manufacturer failed to timely issue a refund to the consumer but alleges the consumer failed to cooperate in bad faith.

Nov. 01, 2011

Class Action Suits after Wal-Mart Inc. v. Dukes

The U.S. Supreme Court has placed obstacles in the path of plaintiffs' litigators attempting to put together class action lawsuits. Learn about the Court's decision in Wal-Mart Inc. v. Dukes and the similarities and differences between the federal rule the Court relied on and Wisconsin's class-action statute.

Oct. 27, 2011

Senate will act today on bill undercutting business and consumer rights

Oct. 27, 2011 – The full Wisconsin Senate will vote today on proposed legislation that, if enacted, will undermine the rights of Wisconsin businesses and consumers who seek to enforce their statutory, administrative, and contractual remedies.

Oct. 17, 2011

Wisconsin Supreme Court will hear Sizzler restaurant case, accepts three others

Oct. 17, 2011 – A three-year-old child died and others became ill after ingesting E. coli contaminated meat at two Milwaukee-area Sizzler area restaurants in 2000. Now, Sizzler USA is fighting to obtain damages and attorney fees from the supplier of beef.

Oct. 13, 2011

Attorney fees: Proposed bill seeks to cap reasonable attorney fees where available

Oct. 19, 2011 – Wisconsin lawmakers are currently considering legislation that would cap a lawyer's ability to obtain reasonable attorney fees. Consumer law attorneys say the proposed law would put many consumer lawyers out of business, adversely impacting low-income individuals.

Oct. 03, 2011

Seventh circuit appeals court says resale of DMV records okay

Oct. 3, 2011 – Federal law does not prohibit a private company from reselling personal information it buys from a state's Department of Motor Vehicles (DMV), the U.S. Court of Appeals for the Seventh Circuit has ruled.

Oct. 01, 2011

Wisconsin's New Automobile Insurance Law

The statutes concerning automobile insurance have seesawed during the past few years. A new law, effective Nov. 1, creates more restrictions to recovery. To competently represent car owners and anyone who could be injured in an accident, attorneys need to understand the new law.

Sep. 30, 2011

Special session on jobs will include tort proposals

Oct. 5, 2011 – Gov. Scott Walker called the Wisconsin Legislature into special session on Sept. 29 to consider a number of bills, including four tort reform measures. Learn what's in store for this special session.

Aug. 29, 2011

Public utility can disconnect service despite petition for amortization of debt

Aug. 29, 2011 – The Milwaukee County Circuit Court recently ruled that a public utility could disconnect utility service despite a petitioner's request for amortization of debt under Wis. Stat. section 128.21.

Aug. 03, 2011

State Bar updates consumer publication on Wisconsin adults' legal rights and responsibilities

Aug. 3, 2011 – The State Bar has released the 17th edition of its consumer publication What You Should Know About Wisconsin Law: Your Legal Rights and Responsibilities, formerly titled On Being Eighteen: Your Legal Rights and Responsibilities. The 40-page booklet informs Wisconsin citizens of their legal rights and responsibilities, and helps them recognize and avoid possible problems.

Aug. 01, 2011

Repair or Replace? The Economic-Waste Doctrine in Construction Defect Cases

Damages in construction defect cases are generally measured by the cost to repair the defect. But in cases posing economic waste – in which a repair requires significant reconstruction or, despite a high cost, would not improve the property’s value – the measure is the decrease in property value caused by the defect. The inherent vagueness of the economic-waste doctrine often complicates determining which measure should be used in a given case.

Jul. 13, 2011

Supreme court sides with consumer in lemon law case, urges legislature to close gap

July 13, 2011 – Even though Steven Kilian returned his Mercedes Benz, and received a refund of about $21,000, the lender continued to hound him for his monthly lease payments. That is, until he was forced to file a lawsuit asking them to stop under Wisconsin’s Lemon Law.

Jul. 01, 2011

A New Era: Products Liability Law in Wisconsin

Wisconsin’s products liability law has undergone a sea change. Changes to Wis. Stat. chapter 895 adopt a new test of defectiveness, leaving behind the analysis of consumer expectations in strict liability claims and substituting the reasonable-alternative-design standard. Plaintiffs now must meet more stringent requirements to recover for an injury caused by defective products.

Jun. 15, 2011

Appeals Court clarifies application of UCC in Sizzler case

June 15, 2011 – The District I Wisconsin Court of Appeals has clarified the law around the application of Wisconsin's Uniform Commercial Code and implied warranties in Estate of Brianna Kriefall v. Sizzler USA Franchise et. al. This is one of a series of cases brought as a result of an outbreak of E. coli bacteria at several Sizzler restaurants in the Milwaukee area in 2000.

Jun. 10, 2011

Concepcion steers potential class actions toward arbitration

July 6, 2011 – Love it or hate it, the U.S. Supreme Court's recent decision in AT&T Mobility LLC v. Concepcion will dramatically affect class action litigation in Wisconsin and across the country. Attorney Michael Leffel explains the Court resolved an important circuit split and held that the Federal Arbitration Act preempts certain state laws and court rulings that have been used to invalidate class action waivers in arbitration agreements.

May 12, 2011

Determining who's at fault: Wisconsin's new product liability laws

July 20, 2011 – To recover from an injury caused by a defective product, plaintiffs now must prove a manufacturer rejected a reasonable alternative design that would have reduced the foreseeable danger. In this video, Jessica Ozalp explains that this new test of defectiveness is among the biggest changes to Wisconsin's products liability law.

Apr. 15, 2011

Wisconsin Supreme Court could decide burden of proof issue in lemon law case

April 15, 2010 – The Wisconsin Supreme Court may decide the proper burden of proof in lemon law actions when a car manufacturer alleges intentional bad faith on the part of a consumer.

Apr. 04, 2011

Supreme court accepts review of eight new cases, including medical malpractice suit

April 4, 2011 – The Wisconsin Supreme Court has granted review in eight new cases, including a medical malpractice suit in which a patient is arguing the doctor did not provide enough information to make an informed decision about treatment.

Apr. 01, 2011

Bankruptcy Basics for Attorneys

This is the second of a two-part series to familiarize nonbankruptcy lawyers with basic bankruptcy law concepts and practices. This part focuses on specific aspects of Chapter 7 and Chapter 13 proceedings and provides practice hints. Part 1 appeared in the March Wisconsin Lawyer.

Apr. 01, 2011

Beyond Robo-Signing: Mortgage Foreclosure Defense Basics

Recent revelations concerning unreliable mortgage-processing methods nationwide have cast a negative light on industry practices but also opened the door to new defenses for homeowners and their lawyers involved in foreclosure actions. This article is a basic key for finding potential mortgage-document mistakes and using this information to help clients keep their homes.

Apr. 01, 2011

The Act of God Defense: Does It Still Exist?

Although the Act of God defense – that a defendant is insulated from liability for personal injury or property damages caused by a natural cause – is rarely used, it may become more common in the future if predictions of catastrophic weather events caused by global warming prove true.

Mar. 01, 2011

Bankruptcy Basics for Attorneys

Part one of this two-part series on bankruptcy law introduces concepts and practice tips so that nonbankruptcy lawyers may identify situations in which it is appropriate to consult with a bankruptcy attorney on the lawyer's own behalf or on behalf of prospective or current clients.

Feb. 01, 2011

Inside the Bar: The "I" in LRIS

Attorneys volunteering for the Lawyer Referral and Information Service's (LRIS) Lawyer Hotline Program provide basic information to callers and build camaraderie with their colleagues.

Dec. 29, 2010

Federal rule aimed at mortgage relief scams takes effect, attorneys exempt

Dec. 29, 2010 – Effective today, new Federal Trade Commission (FTC) regulations govern unfair or deceptive practices in providing mortgage loans or loan modification and foreclosure rescue services. Attorneys who provide such services are exempt from the rule if certain requirements are met.

Nov. 01, 2010

Politics & Wisconsin Automobile Insurance Law

It is no secret that as the balance of power in state government changes, laws and the public policies they represent change, too, sometimes dramatically. As an example, the author compares the laws affecting Wisconsin automobile insurance law – especially the significant changes in coverage under uninsured and underinsured motorist policies – in 1995 and in 2009.

Oct. 18, 2010

NCAA’s ticket distribution system under review as possible 'illegal lottery'

Oct. 18, 2010 – Recognizing the "far-reaching effects" of a court holding regarding "sports ticket distribution systems utilized by the National Collegiate Athletic Association (NCAA) and others," the Seventh Circuit Court of Appeals will wait to determine whether the NCAA violated Indiana's law prohibiting illegal lotteries.

Oct. 13, 2010

Supreme court will hear case involving life sentence of 14-year-old boy, among others

Oct. 13, 2010 – Among the 18 new cases slated for review by the Wisconsin Supreme Court is a high-profile case in which the court will decide whether sentencing a 14-year-old to life imprisonment constitutes cruel and unusual punishment.

Oct. 06, 2010

Panel says no standing to sue after internet user browsed using her own name

Oct. 6, 2010 – An internet search engine that links someone’s name to distasteful websites does not violate federal trademark law because one does not have a commercial interest in his or her name, a Seventh Circuit Court of Appeals panel recently held.

Sep. 13, 2010

Seventh Circuit Court of Appeals upholds Wisconsin’s gasoline pricing regulations

Sept. 13, 2010 – Federal antitrust law does not preempt the Wisconsin laws that require gasoline retailers in the state to increase prices by a set percentage above cost, the U.S. Court of Appeals for the Seventh Circuit recently held.

Jul. 07, 2010

Consumer Financial Protection Bureau will have no enforcement or supervisory authority over attorneys

July 7, 2010 – Thanks to the combined efforts of the State Bar of Wisconsin, the American Bar Association, and bar associations and attorneys across the country, the final version House Bill H.R. 4173 contains a practice of law exclusion.

Jun. 24, 2010

Party must intentionally relinquish venue rights to waive in consumer transaction cases

June 24, 2010 – In a consumer transaction case, a party does not waive improper venue without “intentionally relinquishing” the right to invoke improper venue, the Wisconsin Supreme Court recently held.

Jun. 04, 2010

Offering Clarity and Guidance: New Uniform Power of Attorney for Finances and Property

Wisconsin’s new uniform power of attorney for finances and property law, which becomes effective Sept. 1, 2010, provides clarity regarding POAs, encourages acceptance of POAs while protecting those who accept them, protects the principal in several important ways, offers guidance to agents, and provides a statutory form.

Jun. 04, 2010

Wisconsin’s New OWI Law

2009 Wisconsin Act 100, relating to impaired driving, takes effect July 1, 2010. Among several important changes, the law creates new misdemeanor classifications, establishes probation eligibility for all criminal OWI offenders, permits all counties to adopt programs that offer reduced jail sentences on completion of treatment and supervision, expands orders and penalties regarding ignition interlock devices, and affects occupational license eligibility.

Jun. 01, 2010

FTC extends 'Red Flags Rule' enforcement deadline to Dec. 31

June 1, 2010 – Responding to requests from several members of Congress, the Federal Trade Commission (FTC) has delayed enforcement of its “Red Flags Rule” through Dec. 31, 2010, while Congress considers legislation that would refine the scope of entities it covers.

May 26, 2010

Arbitration clause prohibiting class action is substantively unconscionable

May 26, 2010 – A consumer contract that prohibits the prospect of class-wide relief is substantively unconscionable, the appeals court recently held.

May 17, 2010

Insurance company must provide coverage under 'hit-and-run' policy term, supreme court holds

May 17, 2010 - An automobile insurance policy that does not clearly define the term "hit-and-run" will be construed in favor of coverage, the Wisconsin supreme court recently held in Zarder v. Acuity, A Mutual Insurance Co., 2008AP919 (May 14, 2010).

May 05, 2010

A Complex Recipe: Food Allergies & the Law

The myriad disability laws and regulations potentially applicable to people with allergies have made it difficult to determine if food allergy sufferers are entitled to protection and accommodations in public places, including schools and workplaces. The 2008 Americans with Disabilities Act Amendments Act, which expands the class of individuals entitled to protections, should help clarify the recipe of rights for allergic individuals.

May 05, 2010

Editorial: Withholding a Feeding Tube from a Nonvegetative Dementia Patient

Should a feeding tube be withheld if the patient is conscious?

May 05, 2010

President’s Message: With Impunity

Why the supreme court should define the practice of law.

Apr. 06, 2010

Editorial: Residential Offer Form: Setting the Record Straight

The Department of Regulation & Licensing Secretary explains the process used to update the new WB-11 Residential offer to Purchase form.

Apr. 06, 2010

Keeping the Promise of Equal Justice

Many Wisconsin counties have developed programs to provide legal information or assistance to low-income residents who have been unable to obtain more formal legal representation. A U.W. Law School survey of existing programs looks at issues and opportunities related to self-help options, and what the Wisconsin Access to Justice Commission can do to bridge the justice gap of unmet legal needs in Wisconsin.

Mar. 30, 2010

Representations about modified motorcycle may violate deceptive trade practices act

March 30, 2010 – The Wisconsin Court of Appeals found that the representations a motor vehicle dealer made about a highly-modified motorcycle may violate the Wisconsin Deceptive Trade Practices Act. When the purchaser began experiencing problems with the motorcycle, the dealer would not stand behind the warranty.

Mar. 04, 2010

Hey! That’s my land! Understanding Adverse Possession

Adverse-possession disputes are emotionally charged matters that are pervasive in Wisconsin. Recent cases heard by the Wisconsin Court of Appeals highlight some of the many complications of adverse possession and provide insight into how to prove and defend adverse-possession claims and how to avoid a dispute in the first place.

Mar. 04, 2010

President’s Message: Quacks!

If it looks like a duck and tries to sell you a trust, it’s still a duck.

Mar. 04, 2010

Using the New, Flawed Residential Offer Form

As of March 1, real estate licensees are required to use the 2010 WB-11 – residential offer to purchase form, authorized by the Wisconsin Department of Regulation and Licensing. The new form, however, contains substantive drafting errors that might require a recall of the form. Until then, here is some guidance on using the form.

Feb. 09, 2010

Appraisal Provision Validated: Setting the Amount of Insured Loss

In Farmers Automobile Insurance Ass’n v. Union Pacific Railway Co., the Wisconsin Supreme Court set forth the standard for vacating or modifying insurance policy appraisal provisions used to set value for claimed losses. The court also tackled discovery and standard of review issues.

Feb. 09, 2010

Editorial: Urge the Supreme Court to Stop UPL in Wisconsin

On March 8, 2010, the Wisconsin Supreme Court will hold a public hearing and open administrative conference to consider the State Bar’s 2007 petition to define the practice of law and provide an enforcement mechanism. Contact the court today to urge it to adopt the petition to protect consumers from the unauthorized practice of law.

Feb. 09, 2010

Regulating Medicine on the Internet

Although the Internet is an important tool in the health-care field, legal issues related to medical record privacy and confidentiality, health-care quality assurance, and medical e-commerce need to be resolved through regulation to protect health-care providers and consumers. Here is an overview of some important areas that require tighter controls.

Dec. 04, 2009

Technology: Endorsements, Testimonials, and Bloggers: The New FTC Guides

Effective Dec. 1, 2009, new FTC Guides apply the FTC Act to the use of endorsements and testimonials in advertising, including the use of new media such as blogs.

Nov. 06, 2009

FTC announces delay of ‘red flags’ rule until June 1, 2010

Nov. 6, 2009 – Anti-identity theft rules originally scheduled to go into effect on May 1 have been delayed again at the request of members of Congress, says the Federal Trade Commission.

Nov. 05, 2009

President's Message: Who Needs a Lawyer?

Consumers are harmed when they don’t consult a lawyer when needed.

Oct. 27, 2009

Bill shielding some lawyers from FTC ‘red flag rule’ headed to Senate

Oct. 27, 2009 – Following the U.S. House of Representative’s 400-to-zero vote in favor of a bill to exclude some lawyers from the Federal Trade Commission’s anti-identity theft rules, the legislation heads to the Senate.

Oct. 20, 2009

State Bar’s ADR section tells lawmakers proposed mediation for home foreclosure raises issues

Oct. 20, 2009 – The Alternative Dispute Resolution Section submitted testimony to lawmakers considering a bill to grant distressed homeowners a right to mediation in foreclosure. The section sought to ensure the mediator remains neutral in whatever procedure lawmakers adopt.

Oct. 06, 2009

Editorial: Only Lawyers Need a License to Practice Law in Wisconsin

Why do lawyers need a license to practice law in Wisconsin? No one else does! And no one else will until the Wisconsin Supreme Court adopts a workable definition of what constitutes the practice of law and provides an effective enforcement mechanism.

Sep. 01, 2009

2009 Wisconsin Act 20: Changes to Wisconsin’s Fair Employment Law

2009 Wisconsin Act 20, effective July 1, 2009, expands Wisconsin’s Fair Employment Law to make available compensatory and punitive damages for employment discrimination, unfair genetic testing, and unfair honesty testing in an employment setting. These damages are in addition to other remedies available under the Fair Employment Law. Act 20 more closely aligns Wisconsin’s Fair Employment Law with Title VII of the federal Civil Rights Act of 1964, as amended.

Sep. 01, 2009

Helping Employers Protect Against Increased Damages

Business attorneys and their clients should be proactive to avoid protracted litigation of WFEA claims under the new provisions of 2009 Wisconsin Act 20.

Sep. 01, 2009

Requirement to Exhaust Administrative Steps Extends Process

The WFEA falls short by requiring employees to exhaust all administrative steps before taking their cases into state courts, adding years to the process and requiring employees to essentially retry their cases.

Aug. 13, 2009

Parties cannot contract away all debtor rights in security agreement, court of appeals says

Aug. 13, 2009 – Debtors and secured creditors may opt out of many – but not all – of the Uniform Commercial Code provisions when drafting a security agreement. In particular, the creditor’s obligations and the defaulting debtor’s rights in collateral are preserved.

Aug. 07, 2009

New Residential Tenants in Foreclosure Act

Tenants whose landlords are in foreclosure might lose their security deposits and any prepaid rent, face eviction with 24 hours’ notice, and grapple with prospective landlords who refuse to rent to them because they were removed from a residential property because of a mortgage foreclosure. Wisconsin’s new Residential Tenants in Foreclosure Act and recent federal legislation now offer some protections to residential tenants.

Aug. 07, 2009

Profile: For the Good: An Extreme Home Makeover

When the defects caused by cheap materials and poor construction methods threatened a low-income family’s home, health, and unity, attorney Kim Hurtado worked pro bono to find a legal resolution. Then she persuaded her staff and construction clients to donate labor and materials to restore the family’s home.

Aug. 07, 2009

Lemon Law damages exclude purchase price of leased vehicle, Wisconsin Supreme Court says

Aug. 7, 2009 – Justices analyzed the damages awarded under Wisconsin’s consumer protection law to find what relief is available to a consumer who sues over a defective leased vehicle, but then decides to buy it while the lawsuit is pending.

Aug. 04, 2009

Uninsured motorist coverage exists whether 'hit and run' or 'run and hit' accident

Sept. 4, 2009 – The Wisconsin Court of Appeals found an insured driver has coverage after he collided with a vehicle part dropped in the roadway by an unidentified truck absent from the scene before the accident. A circuit court had required the “hit” to occur before the “run.”

Jul. 23, 2009

Disappointed seller of real estate can’t keep earnest money and sue breaching buyer

July 23, 2009 – The Wisconsin Supreme Court analyzed the remedies available to a seller under the form mandated for residential real estate transactions. After a buyer backs out, the seller must authorize return of the buyer’s earnest money before or at the same time the seller sues for actual damages.

Jul. 14, 2009

Bystander cannot claim negligent infliction of emotional distress tied to malpractice, Wisconsin Supreme Court holds

July 14, 2009 – The supreme court rejected a father’s claim for negligent infliction of emotional distress. The father had seen his infant son die in a botched delivery, but the court reasoned that the statutes governing medical malpractice do not recognize his claim.

Jul. 14, 2009

Lead in lead paint is not a design defect, Wisconsin Supreme Court says

July 14, 2009 – Justices agree that lead in lead paint cannot be a design defect. But the court divided over whether the question is properly resolved according to Wisconsin’s continued reliance upon Restatement (Second) of Torts or whether it is time to embrace the third Restatement.

Jul. 10, 2009

HIPAA and the Stimulus Law: Protecting Health Information

The American Recovery and Reinvestment Act of 2009 strengthens federal privacy laws enacted in the Health Insurance Portability and Accountability Act of 1996. Health care providers and their vendors and business associates all are now liable for unauthorized disclosures of individuals’ health care information. New provisions govern electronic information and how notification of a breach is to be made. The rules are complex, with many exceptions. And more changes are expected.

Jul. 01, 2009

Some court filing fees increase July 1

July 1, 2009 – Some circuit court filing fees across Wisconsin have increased effective July 1 as part of the new budget drafted by the Legislature and approved by the governor. A schedule of the fees is publicly available from the courts system.

Jul. 01, 2009

House rules: Landlords knowledgeable of tenancy laws improves condition of rental properties, neighborhoods

July 1, 2009 -- Tristan Pettit, an attorney representing landlords in evictions and other legal disputes, explained the circumstances his clients face to government lawyers stepping up enforcement of nuisance ordinances and building codes. Pettit's remarks were featured at the Government Lawyers Division presentation during the State Bar Annual Convention.

Jun. 10, 2009

Go Team! Wisconsin’s Latest Recreational Immunity Controversy

Wisconsin’s recreational immunity laws took an interesting tumble when the supreme court ruled in Noffke v. Bakke that cheerleading is a contact sport for purposes of immunizing participants from negligence actions.

May 06, 2009

Young Lawyers Division sponsors free disaster legal services training in Madison

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

Apr. 15, 2009

Don't forget you're registered! WisBar's newest feature adds events to your electronic calendar

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apr. 15, 2009

Free training to fight the flood of foreclosures – help homeowners, strengthen communities

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

Apr. 15, 2009

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

Apr. 15, 2009

Breakfast & Business: Eggs, Ethics, and Answers seminar comes to Platteville and Pembine

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

Apr. 10, 2009

Upcoming GAL for children seminars offer flexible program format – choose the session that works for you

Apr. 01, 2009

Homebuying after Below: Navigating the Economic Loss Maze

Below v. Norton applies the economic loss doctrine in Wisconsin to bar common-law intentional misrepresentation claims in both residential and noncommercial real estate transactions. Until Below is legislatively overturned, buyers who want to preserve common-law tort claims in any real estate transaction must do so by contract.

Apr. 01, 2009

Tax Aspects of the American Recovery and Reinvestment Act of 2009: On the Road to Recovery?

The American Recovery and Reinvestment Act of 2009 makes more than 300 changes to the Internal Revenue Code to provide nearly $300 billion in tax relief and other benefits to individuals, businesses, the environment, and state governments. This summary of the Act’s fundamental tax law changes provides attorneys with the working knowledge they need to advise their clients about the Act’s provisions.

Mar. 18, 2009

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

Feb. 19, 2009

State Bar Public Interest Law Section offers a free On-Demand CLE program, register now for “Medical Debt in Wisconsin”

Feb. 19, 2009 – The State Bar Public Interest Law Section (PILS) will present a free, on-demand training titled, “Medical Debt in Wisconsin: Strategies & Practical Tips for Volunteer Lawyers,” produced by the Public Interest Law Section and ABC for Health, Inc., with the support of a Pro Bono Initiative grant from the State Bar of Wisconsin’s State Bar Legal Assistance Committee. This program is free for attorneys who commit to provide pro bono service to low-income clients.

Dec. 04, 2008

The ADA Amendments Act of 2008: Redefining Who is Disabled

By clarifying and expanding key terms, Congress intends the ADA Amendments Act of 2008 to restore the ADA as a clear and comprehensive national mandate for eliminating discrimination against a broadly defined class of disabled individuals. Read how the Act alters the scope of the ADA in the workplace, effective Jan. 1, 2009.

Nov. 13, 2008

Determining Tribal Court Jurisdiction Over Non-Tribe Members

The author provides seven principles to help determine tribal court jurisdiction over non-tribe members following the U.S. Supreme Court’s recent decision in Plains Commerce Bank applying the “Montana exceptions” to the general rule against a tribe’s lack of jurisdiction over nonmembers.

Nov. 13, 2008

Prohibiting Genetic Discrimination

The Genetic Information Nondiscrimination Act of 2008 prohibits health insurance and employment discrimination based on a person’s genetic information. Although the Act allows use of genetic testing and information for specific, limited purposes, questions remain whether government and research institutions can safely regulate genetic tests and safeguard large databases of genetic information. The Act’s health insurance provisions become effective in May 2009 and the employment provisions in November 20

Oct. 08, 2008

Protecting Consumers in the Modern Age: Wisconsin’s Deceptive Trade Practices Act

Wisconsin’s Deceptive Trade Practices Act prohibits untrue, deceptive, or misleading representations in the sale of goods and services to the public. Although the law was enacted almost a century ago to target false print advertising, it effectively affords remedies for wrongful trade practices in the modern age. The Wisconsin Supreme Court has recently decided several important issues arising out of the Act’s application in the ever-changing business and consumer world.

Oct. 08, 2008

Significant Supreme Court Decisions

For many years, Daniel W. Hildebrand contributed to Wisconsin legal literature by annually describing those Wisconsin appellate decisions that he viewed to be most significant. Attorney Hildebrand passed away in late 2007; these authors, both former supreme court clerks, are attempting to pick up the Hildebrand torch.

May 14, 2008

Chapter 128: Wisconsin's Bankruptcy Alternative

Wis. Stat. chapter 128 is an old, but still little-known alternative to bankruptcy that attorneys should explore as the first option for their clients who wish to repay debt and need the help of a structured plan to get back on their feet.

May 14, 2008

Vox Populi: Wisconsin's Direct Legislation Statute

Wisconsin’s Direct Legislation Statute, section 9.20, gives voters a direct voice in local matters and provides a procedure by which voters may compel local government to pass or put before the public for a popular vote a proposed ordinance or resolution. Read how it works.

Apr. 09, 2008

Commission issues report, recommends ways to reduce justice system's racial disparity

Commission on Reducing Racial Disparities in Wisconsin Justice System releases report, recommendations

Apr. 09, 2008

Discharging Disabled Employees Under No-Fault Attendance Policies

Employers should take care when discharging disabled employees under a no-fault attendance policy. To effectively counsel their business clients, attorneys need to know why the Wisconsin Supreme Court recently awarded a disabled employee the maximum remedy under the Wisconsin Fair Employment Act for an employer’s discriminatory application of a no-fault attendance policy.

Apr. 09, 2008

Employer Liability for Employment References

Many businesses hesitate to provide information about their former employees to prospective employers because of the threat of potential lawsuits. Lawyers should understand the legal issues underlying employment reference checks to help their business clients establish best practices.

Mar. 10, 2008

Marquette Law School and Quarles & Brady open legal clinic in Spanish-speaking community

On Feb. 13 the Marquette Volunteer Legal Clinic, in partnership with Quarles & Brady LLP, opened its doors on Milwaukee's south side. While the clinic is located in the Spanish Center and is staffed with bilingual volunteer attorneys, law students, and interpreters, any person with a legal need and no financial means to pay for legal advice is welcome.

Mar. 10, 2008

The FTC's Web Site Privacy and Security Rules for Every Business

Every business engaged in Internet commerce or using a Web site to collect personal information – not just those businesses subject to financial services industry regulations – must comply with the Federal Trade Commission rules governing the use and protection of personal information. Failure to comply can be very costly.

Dec. 04, 2007

Advising Clients Facing Foreclosure

When the American dream of home ownership turns into a financial nightmare, the realities of foreclosure can intersect with many legal practice areas, including bankruptcy, family law, probate, employment law, worker’s compensation, business law, and real estate and property law. Lawyers who understand the foreclosure process can help clients facing difficult circumstances.

Dec. 04, 2007

Consumer Resources Available for Mortgage Foreclosure and Mortgage Rescue Scams

Consumers who are facing a mortgage foreclosure or who have been stung by a mortgage rescue scam can contact these entities for help

Dec. 04, 2007

Main Street Meets Wall Street: The Mortgage Meltdown

Although Wisconsin’s housing market did not overheat in recent years as the housing markets did in California, Nevada, and other areas, it is a mistake to view the meltdown and related mortgage foreclosures as someone else’s problem. The authors explain the factors on Main Street and Wall Street that led to the subprime mortgage meltdown and survey the resulting litigation fallout in Wisconsin and elsewhere.

Nov. 06, 2007

Family Responsibility Discrimination: Making Room at Work for Family Demands

The rise in family responsibility and caregiver discrimination claims attests to the struggle to balance family and work life amid the changing demographics of the American workplace. Because these claims likely will increase, lawyers need to recognize potential claims and advise their business clients appropriately.

Mar. 05, 2007

Handling OWI Cases for Those !@#! Illinois Drivers

As much as Wisconsinites like to harrangue Illinois drivers (and vice versa), Illinois drivers convicted of Wisconsin OWI face more serious negative consequences in their home state than do their Wisconsin counterparts.

Mar. 05, 2007

State Bar CLE Gets You Up to Speed on the Latest Traffic Laws

Feb. 08, 2007

Wisconsin's New Automobile Repossession Law: Creditors in the Driver's Seat

Creditors now can declare consumers in default and repossess motorvehicles without court intervention. The enactment in April 2006 of 2005 Wis. Act 255 puts creditors firmly in the driver's seat and leaves consumers waving goodbye to their vehicles and consumer protections.

Nov. 29, 2006

Borst Clarifies Arbitration Procedures

The Wisconsin Supreme Court's opinion in Borst v. Allstate Insurance Co. has clarified several ill-defined aspects of the arbitration process, including the role of party-appointed arbitrators, the right of parties to seek equitable relief due to arbitrator partiality, and the taking of discovery.

Sep. 25, 2006

CaseLaw Express™ gets a facelift; Free service notifies subscribers of recent court decisions

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

Aug. 01, 2006

Green Building Resources

Aug. 01, 2006

Landmark Guardianship and Adult Protective Services Reforms Signed into Law

The State Bar Elder Law Section's more than 10 year Guardianship Reform Project has become law along with major reforms in reporting and responding to abuse and neglect of adults at risk and adult placement services and placement. If you represent clients who are elderly or have disabilities, or the agencies and facilities that serve them, have elderly parents or loved ones with disabilities, or if you plan to age yourself - read this article to learn about critical changes in the law.

Aug. 01, 2006

Legal and Business Issues of Green Building

"Green building" - the incorporation of construction practices and standards that maximize human health and economic return and minimize negative environmental consequences - will have wide-ranging impacts on many clients.

Jun. 01, 2006

Broker Disclosures

Jun. 01, 2006

The "New" Chapter 452: Defining Real Estate Broker Practice

2005 Wisconsin Act 87, revising Wis. Stat. chapter 452, recognizes modern practice methods in real estate services and attempts to regulate them while facilitating the broker's effort to deliver efficient services to meet consumer demands.

May 01, 2006

A Brief History leading to the DRA

The Deficit Reduction Act of 2005 (DRA) is the most comprehensive change in the Medicaid laws since 1993. In 1993, with an aging U.S. population and rising nursing home costs, Congress passed the Omnibus Budget Reconciliation Act of 1993 (OBRA '93). OBRA '93 contained provisions that required states to try to recover the cost of Medicaid benefits paid, by passing new state laws mandating estate recovery and liens on homes.

May 01, 2006

Example of DRA changes to divestment penalties

The examples below examine how typical fact scenarios would have played out under the policies in effect before the Deficit Reduction Act of 2005 (DRA), and how they would work following the enactment of the DRA.

Feb. 01, 2006

Piercing the Corporate Veil

The armor of personal immunity generally shields people doing business as a "corporation" from corporate obligations. But the protection may be pierced, and personal liability imposed, under certain circumstances.

Nov. 01, 2005

Inside the Bar: Don't Make Decisions While You're Circling the Drain

"A Gift to Your Family: Planning Ahead for Future Health Needs" helps you plan before a crisis.

Nov. 01, 2005

More Litigation to Come: Exceptions to the Economic Loss Doctrine

In three cases decided in July 2005, the Wisconsin Supreme Court revisited the economic loss doctrine, carving out exceptions to its application on three discrete issues. The authors say that, even with these three new cases, there remains no more clarity for consumers and their lawyers than before, which leaves the door open to still more litigation.

Oct. 01, 2005

Real Property Transactions: Are Misrepresentations Insurable?

In Everson v. Lorenz, the Wisconsin Supreme Court restated that insurance policies are not "one-size-fits-all" documents, providing coverage for every type of damage. Everson makes clear that misrepresentations in the sale of real property are not accidents, and thus are not occurrences, so that misrepresentations fall outside the scope of coverage provided by occurrence based insurance policies.

Oct. 01, 2005

The Unauthorized Practice of Law: Court Tells Profession, Show us the Harm

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.

Aug. 01, 2005

Enforceable Exculpatory Agreements: Do They Still Exist?

The Wisconsin Supreme Court in Atkins v. Swimwest invalidated yet another waiver-of-liability agreement. Atkins unfortunately does not clarify this area of the law, and while it may still be possible to create enforceable exculpatory agreements, there remain numerous traps for nonvigilant drafters.

Aug. 01, 2005

Legal News and Trends

Aug. 01, 2005

Supreme court rules recording juvenile criminal interrogations can prevent false confessions

On July 7, the Wisconsin Supreme Court ordered all custodial interrogations of juveniles in future cases be electronically recorded when feasible, and without exception when questioning occurs at a place of detention. The decision would make any unrecorded interrogations and any written confessions of a juvenile that are not accompanied by recorded interrogations inadmissible as evidence in court.

Jul. 01, 2005

Congressional Delegation Championed Employee Benefit Protections in Bankruptcy Law

Wisconsin's congressional delegation worked together to write provisions protecting employee benefit plans that are part of the Bankruptcy Abuse and Consumer Protection Act of 2005.

Jul. 01, 2005

Fundamental Changes: Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

The bankruptcy Abuse Prevention and Consumer PRotection Act of 2005 makes more than 150 significant amendments to the U.S. Bankruptcy Code, changing the protections offered to credit consumers.

Jun. 01, 2005

The Schiavo Case in Wisconsin

While the Schiavo case arose in Florida, it raises profound ethical questions and important legal issues nationwide. This article outlines the facts and legal issues of the Schiavo case and examines how such a case might have been decided in Wisconsin.

May 01, 2005

The Future of the Economic Loss Doctrine in Wisconsin

Recent court decisions seem to indicate that there is a concerted effort to rethink the economic loss doctrine. Is the Wisconsin Supreme Court ready to articulate an economic loss doctrine with a well-defined and logical reach?

May 01, 2005

Wisconsin's Construction Trust Fund Statute: Protecting Against Theft by Contractor

Money paid by a property owner to a contractor on a construction project constitutes a trust fund until all legitimate claims for labor and materials are paid. Misappropriation of the funds is theft by contractor.

Apr. 01, 2005

Supreme Court Digest

Nov. 01, 2003

Practice Tips

Recent cases outline how consumers should demand Lemon Law relief, when they should do it, and what is covered.

Sep. 01, 2003

Technology: Mining for Company Nuggets

There are as many reasons to conduct investigative research on companies as there are places online to look. Here are a few places to start your search.

Jun. 01, 2003

Court of Appeals Digest

Sep. 01, 2002

Mandatory Arbitration of Consumer Rights Cases

The ability of corporations to opt out of the public civil justice system by using mandatory arbitration clauses in consumer contracts poses a fundamental policy question for Congress and the courts. Still, there are ways to preserve clients' rights to have their day in court.

May 01, 2002

Residential Real Property Disclosure Duties

Like homeowners, brokers and home inspectors now owe duties under various circumstances to disclose defects or conditions that may affect residential real property transactions. Recission is not a buyer's sole remedy when these duties are breached.

Apr. 01, 2002

Notary Public Records: Protecting the Privacy of Notary Public Records

In May 2000, Wisconsin became the first state to declare notary records to be confidential and to require written consent before a notary record can be released to a third party.

Mar. 01, 2002

Accessories Under the Lemon Law

While the Lemon Law defines neither "accessories" nor "components," read how recent cases involving them have interpreted the Lemon Law to balance fairness to manufacturers with the availability of consumer remedies.

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