News & Pubs Archive

One word rendered unconstitutional three parts of a statute governing the ability to recommit an individual found not guilty by reason of mental disease or defect because due process requires a finding of dangerousness.

The Brown County Circuit Court grappled with unsettled Wisconsin law and reached an unconstitutional conclusion, the Court of Appeals held, because separate allegations of abandonment require jury instructions and verdict forms for each one.

Understanding the Individuals with Disabilities Education Act (IDEA) helps lawyers better support children involved in the court system. Megan Norris explains the core components of IDEA – from Child Find and FAPE to IEPs and manifestation determinations and how legal professionals can advocate effectively for students with disabilities.

Pests in rental housing are more than a nuisance – they threaten health, safety, and a tenant’s ability to fully use their home. Mitchell Yurkowitz highlights how Wisconsin statutes place the duty on landlords to address infestations and what options tenants have when landlords fail to act.

Will your health care clients be ready when Advanced Practice Registered Nurses (APRNs) gain independent practice rights in Wisconsin next fall? The Wisconsin APRN Modernization Act brings regulatory uncertainty and structural changes that attorneys should begin addressing now, writes Adam Witkov.

A high school visit from the Iowa Supreme Court offers a reminder of how courts can build public trust through visibility and engagement. Trent Kubasiak reflects on the importance of bringing the judiciary closer to the people it serves.

Family lawyers often face their clients’ mental health crises and their own. Angela Olson proposes a practical solution: formal mental health training in law school.

AI-generated contracts may look convincing but often contain gaps, contradictions, or unenforceable provisions. William Wallo outlines the risks and offers practical strategies for lawyers to safeguard their clients – even when it is the client's own AI-generated contract.

A defendant's claim of constitutional violation from two criminal statutes covering similar facts, one of which set a mandatory minimum sentence, failed because no case limits prosecutorial discretion even if it could create a penalty for going to trial.

Children are at their most vulnerable legal juncture after a court grants a termination of parental rights. However, it is during this part of the process that a child’s wishes are left unheard. The Children and the Law Section Board intends to propose a change to Wis. Stat. chapter 48 to create a statutory right for children to propose a change of placement, or object to a placement proffered by the agency.

FinCEN has created new regulations affecting certain residential real estate transactions that take effect later this year. Violations potentially carry severe penalties. Real estate attorneys need to familiarize themselves with these regulations.

The defendant granted access to his apartment because police said they needed to search for a missing child, but once police entered, they began digging in drawers and a duffle bag for evidence of drug distribution, justifying suppression of the evidence.

The One Big Beautiful Bill Act, now enacted as H.R. 1, impacts a number of health care programs. Christine Huberty discusses the effects the new law will have on the Medicare program and its beneficiaries.

Personal jurisdiction is a prerequisite to bringing suit against any defendant including in the age of remote work. Nicholas Watt discusses the issues and consequences that impact a Wisconsin employer’s ability to sue former remote employees.

Five years after stepping back from full-time practice, Paul Sturgul reflects on an unexpected path: returning to litigation in guardianship cases, advocating for elder rights, and balancing professional service with personal pursuits.

The Opportunity Zone program has been significantly revised by the One Big Beautiful Bill Act. James Wawrzyn explains how these changes will affect lawyers who advise real estate professionals and investors.

The University of Wisconsin's policy for removing comments "off-topic" from Facebook and Instagram posts violated a frequent commenter's First Amendment rights in a government's limited public forum.

A “Denny witness,” on the witness list and after cross-examination began, resulted in a mistrial lacking “manifest necessity” – making a retrial unconstitutional double jeopardy.

A well-drafted estate plan can fail without proper implementation and asset funding, leaving clients’ wishes unfulfilled. Jeffery Drach shares practical steps attorneys can take to guide clients through implementing their plan.

When a case advances to trial, litigators should be prepared from both a substantive and logistical standpoint. Cristina M. Kerr discusses tools to prepare for trial, including components of a trial box or trial notebook, and how to prepare these materials for the start of a case.

Even with corroborating DNA and video evidence, the administrator’s reversal of revocation survived certiorari review without testimony from the sexual assault victim.

Two opinions with different analyses affirmed the Court of Appeals, which denied a challenge to a restricted controlled substance (RCS) conviction that was reinstated after the defendant succeeded in reversing an OWI conviction from the same trial.

A domestic violence victim had enough fear for her safety that her intoxicated driving started under the coercion defense, but after she left her home, she could not reasonably believe no other safe options existed, the Wisconsin Supreme Court held.

Relentless delays prevented Luis A. Ramirez from trial for 46 months – but only 14 months after his first speedy trial request. Most causes for delay the Wisconsin Supreme Court determined, were “neutral.”

The One, Big Beautiful Bill Act attempts to deliver on President Trump’s campaign promise of “no taxes” on employee tips and overtime wages. Martin C. Kuhn examines the law’s impact on employees, which is not quite as promised but perhaps better than youthink.

A 4-3 majority found that multiple statutory enactments wiped out Wisconsin’s abortion law from 1849, but one dissent challenged the majority’s legal analysis and dissenting justices consistently described the majority as usurping the Legislature’s role.

DEI provisions in credit agreements may now carry legal risks under shifting regulatory interpretations. Patricia Lane, Jeremy Polk, Nicholas Faleris, and Corrie Osborne examine the history of these provisions and why a legal review is now necessary.

Wisconsin's bipartisan Federal Nominating Commission, which recommends individuals for federal judicial appointments to the U.S. Senators from Wisconsin, recently submitted a list of five lawyers and judges for the U.S. Court of Appeals for the Seventh Circuit.

Jacob Haller reflects on the 2025 State Bar of Wisconsin Annual Meeting & Conference (AMC) in Madison, where lawyers gathered to navigate rapid changes in law and technology, especially the rise of artificial intelligence in legal practice. Amid disruption, the conference provided a crucial space for connection, learning, and collaboration across the profession.

Projects can “go sideways” when the parties have differing expectations or miscommunicate. James Dash explains how lawyers can help clients avoid disputes by managing expectations early in contract negotiations.

A 4-3 Wisconsin Supreme Court majority concluded that five statutes giving the Legislature's Joint Committee for Review of Administrative Rules power to stop administrative rules violated bicameralism and presentment constitutional limits.

Although all seven Wisconsin Supreme Court justices agreed that Act 10 ended collective bargaining requirements for the University of Wisconsin Hospitals and Clinics Authority, concurrences sparred about how to interpret statutes.

Wisconsin’s metering rules, originally intended to promote conservation, now pose challenges for apartment developers seeking to install rooftop solar. Grant Snyder explains how the Public Service Commission is updating these rules and what developers need to know to qualify for new exemptions.

Housing is a critical and fundamental social determinant of health, which directly impacts physical and mental health. Brittany D. Schoenick discusses the rights and responsibilities landlords and tenants have in Wisconsin to ensure healthy housing for families and communities.

The Wisconsin Supreme Court concluded that Wisconsin Department of Natural Resources (DNR) statements naming PFAS chemicals as hazardous substances under the Spills Law were guidance documents, not unpromulgated regulations.

The Wisconsin Supreme Court agreed that the Court of Appeals erroneously reversed a class certification based on arguments of substantive merit, which are not a part of certification.

In a unanimous decision, the Wisconsin Supreme Court held that Gov. Tony Evers exceeded his veto authority by using partial vetoes for a bill that didn’t appropriate funds.

A unanimous Wisconsin Supreme Court reversed the court of appeals in holding that a statute requiring Joint Committee on Finance approval on settlement agreements in civil cases undertaken by the Attorney General unconstitutionally violated separation of powers.

Without clearly documented terms, disagreements can easily arise around critical issues when a business partnership exists via an oral agreement. Lanre Abiola discusses the necessary components of a written business partnership agreement.

A unanimous Wisconsin Supreme Court held that expert testimony on the statistical likelihood of false reporting of child sexual abuse did not violate State v. Haseltine's prohibition against vouching for witness credibility.

Although three justices thought the circuit court should have offered confidential communications between the defendant and his lawyer during a Zoom hearing, a 6-1 Wisconsin Supreme Court majority concluded that the circuit court did not violate due process.

Motor vehicle accidents involving blind or visually impaired pedestrians raise unique legal and evidentiary challenges under Wisconsin’s White Cane Law. Katelyn Sandfort discusses key considerations for navigating liability, gathering effective evidence, and employing expert insights in cases involving Wis. Stat. section 346.26(1).

The bifurcated nature of the termination of parental rights (TPR) process means that the circuit court's discretion governs finding the best interest of the child without a specific burden of proof, the Wisconsin Supreme Court explained.

In an era of divisiveness and intolerance, Pete Trotter shares a lesson on tolerance from the farm, and how this lesson can be applied by attorneys to both demonstrate and advocate for tolerance in the practice of law.

Congress is advancing proposals that may drastically cut federal support for state Medicaid programs. Zeke Shen breaks down how the state funds Medicaid and what’s at stake under proposed reforms.

Recent changes aim to streamline the procedure and provide greater privacy protections for those seeking to change their names confidentially. Evan McCarthy discusses the changes, which are particularly beneficial for individuals seeking a name change due to safety concerns or for personal reasons.

Although the physician wasn't in the room where it happened, her patient who lost her ovaries without consent during a colon surgery raised a claim that could proceed past a motion to dismiss for failure to state a claim.

A recent Executive Order effectively removes the use of disparate impact theory in evaluating discrimination claims against federal employers. Katherine O'Malley discusses the Order, its impact, and key takeaways.

Law libraries offer more than books, writes Jody Cooper. They provide access to legal resources, professional guidance, and research support that can strengthen the delivery of legal services, no matter how far an attorney is from a courthouse or legal community.

A heads-up for those providing or brokering commercial financings and their lawyers: consumer-like disclosures are making their way into the commercial realm, writes Patricia Lane. Nine states have enacted state commercial loan disclosure requirements.

Although the Wisconsin Department of Natural Resources (DNR) decided with sufficient evidence that a natural gas-fired power plant permit did not need storage batteries to best control air pollution, a DNR protocol is a rule the agency failed to promulgate, requiring remand.

In a violent hostage scene, Neenah police acted reasonably when using handcuffs and police transport on hostages – although plaintiffs’ scanty pleading and lack of a reply brief limited the reviewing court’s criticism.

Clients facing financial distress probably will not think about income tax planning. Their focus is on the debt. David Krekeler discusses the tax consequences of bankruptcy – and how they may be avoided.

There’s pension money out there for wartime veterans and their surviving spouses who need help to pay for long-term care costs. Peter Harbach encourages elder law attorneys to become accredited with the Department of Veterans Affairs to help clients via the Veteran Improved Pension Program.

As a law student, Jonathan Hess's early interest in pursuing environmental law has now turned into a serious passion. Here's why he plans to pursue a practice in this field of law – and it's not just because he likes trees.

While a 4-3 majority of the Wisconsin Supreme Court upheld Gov. Tony Evers' partial vetoes as constitutional after reviewing the constitutional amendment and 90 years of precedent, the dissent said the court's decisions have increasingly defied the constitution for the past half-century.

Companies affected by international supply chains are advised to review their service agreements, purchasing agreements, purchase orders, and terms and conditions. Samantha Baker discusses key contractual considerations for industries most affected by current and future tariffs.

Pro bono legal work not only supports underserved communities, it shapes the next generation of lawyers. Law student Elizabeth TenBarge reflects on lessons learned through the Marquette Volunteer Legal Clinics and its Public Interest Law Society.

The Oconomowoc Area School District’s reliance on a law enforcement investigation after its suspicions that employees had stolen money meant the subsequent terminations violated protections in the Wisconsin Fair Employment Act (WFEA).

Attorneys and law students this spring gave presentations in Madison to help educate the incoming workforce. Naomi Swain gives an overview of some local efforts to educate students on their employment rights.

Attorneys need to know and follow rules of civil and appellate procedure to avoid compromising the rights of their clients. Jolene Schneider discusses lessons from Morway v. Morway on the importance of incorporating finality statements into post-judgment orders.

The Delaware Legislature has been moving quickly to ensure that Delaware remains the preeminent home of choice for many corporations. Eric G. Pearson discusses changes to the state's general corporation law.

The President recently issued an Executive Order that halts offshore wind leases and seeks to review federal permitting practices for wind projects. Wes Webendorfer discusses the potential impact of these federal policies on wind projects planned for Wisconsin.

A referee's rulings on the mat in the last wrestling match before the 2019 regional tournament resulted in a lawsuit that ended with the Wisconsin Supreme Court finding the penalty reasonable, thus stripping Hayden Halter of his second state championship.

Expungement and pardons are two options available to people who have been convicted of a crime in Wisconsin. Christina Balistreri outlines their eligibility requirements, nuances, and legal effects that practitioners should be aware of when advising their clients.

A Wisconsin petitioner’s request for habeas corpus based on incompetency at trial failed because, despite any limitations the individual had, he understood the proceedings, testified clearly, and acted strategically.

The Attorney General’s attempt to obtain an injunction to stop Elon Musk’s $1 million giveaways planned at a campaign rally last Sunday as alleged violations of Wisconsin election law failed ultimately at the Wisconsin Supreme Court.

Wisconsin election law prohibited rejection of three ballots that lacked initials from two election officials, although the absence of initials violated another election statute.

Landlords and tenants may be subject to claims under various provisions of the law, varying by jurisdiction. Jennifer Schank discusses Wisconsin landlord tenant law and how it may vary by city and county.

It's been nearly 10 years of allowing children to be placed in a juvenile detention facility as a dispositional placement for up to 365 days without adequate regulation, writes Eileen Fredericks. She discusses the regulations in Wis. Stat. chaptersDOC 347, which regulates Secured Residential Care Centers for Children and Youth.

Subcontractors on federal projects must often contend with a variety of standard clauses that are “flowed down” from the prime contract to the subcontract. While the subcontractor may be able to reject certain of these clauses, those that remain can impose significant obligations on the subcontractor, writes Samuel Jack.

What is a health care provider to do when law enforcement comes knocking and the target is a patient? Stephane Fabus highlights the legal and compliance considerations for navigating interactions with law enforcement officials, given the recent changes inreproductive health privacy and the rollback of ICE’s Protected Areas policy.

Lawyers, how do you find time in your busy and stressful practice to protect your mental health? Cara Lamusga, WisLAP member coordinator, offers strategies to help you lower stress and preserve your joy.

Energy storage is taking the energy word by storm, so much so that standalone energy storage projects are becoming commonplace. Orrie Walsvik and law student Scout Devoti discuss how standalone projects may fit into Wisconsin’s regulatory scheme.

Formerly incarcerated individuals often struggle to access health care and obtain health insurance coverage. Christine Huberty discusses the health care options for formerly incarcerated individuals, specifically those with disabilities or over age 65, who will be impacted by new Medicare rules.

In Wisconsin, the requirement of finding fault in divorce has come and gone over the decades. Comm. Barry Boline discusses the history of divorce and finding fault in Wisconsin.

Muldrow v. City of St. Louis relaxed the requirements for demonstrating “harm” in Title VII discrimination cases. Martin C. Kuhn examines Muldrow’s impact on such cases in the Seventh Circuit, including those cases where courts have declined to apply or extend Muldrow.

The EPA recently reclassified several counties in southeastern Wisconsin from “moderate” to “serious nonattainment” for the 2015 ozone National Ambient Air Quality Standards. Michael Moran discusses the “bump up” and its effects on the Greater Milwaukee area.

A 40-year-old Wisconsin grant program for specified minority groups unconstitutionally discriminated against everyone else, according to a Wisconsin Court of Appeals decision applying the U.S. Supreme Court’s 2023 holding on race-based college admissions.

The pandemic could not justify eliminating a mother's right to a jury trial for a claim of medical malpractice arising from childbirth and the death of her newborn son in 2020, making a statute granting broad immunity to health care providers unconstitutional.

A 4-3 Wisconsin Supreme Court majority declined to decide a voter's complaint of five alleged violations of election law because it concluded those complaints to the Wisconsin Election Commission did not personally affect him.

It appears that 2025 is a year of sweeping policy changes in the U.S. Evan Lin discusses what estate planning attorneys should keep in mind for their clients this year.

Workers in health care industries face the highest rates of workplace violence. Christopher Toner discusses how attorneys can help their health care clients take proactive steps to provide a workplace free of violence.

Although the Wisconsin Supreme Court ruled unanimously that Chief Administrator Meagan Wolfe remains a lawful holdover appointee after her term ended July 1, 2023, the case reopened disagreement over the Prehn case that decided this result.

To be most effective on behalf of minors, you have to understand the ins and outs of a personal injury case. Kristen Scheuerman offers advice on how to effectively approach settlements offered to minors working with a guardian ad litem (GAL).

Rapid advancement of generative AI tools are reshaping the legal practice, and law firms are facing a fundamental challenge to their traditional business model. Srishti Ponnala discusses how firms using AI can develop their practice and compensation models to thrive in this new era of legal practice.

Lawyers can often struggle to become more organized in their professional and personal lives. Are you one of them? Here’s an idea: try using an unconventional organizational method based on emotion.

A post-divorce order without a finality label remained the final order because it resolved the movant's issues – and a subsequent motion by the other side would address an issue mentioned in the order but was not yet briefed.

Wisconsin’s lenient OWI law for first-time offenders has no parallel across the country. Matthew Kline discusses Wisconsin’s unique law for first-time operating while intoxicated (OWI) offenses and the possible consequences of such leniency.

A public records request appeal turned into a Wisconsin Supreme Court discussion about how the state’s appellate courts should work after the District II Wisconsin Court of Appeals failed to follow a prior District IV decision.

Cultural competency is a fundamental skill that helps attorneys with effective representation by reducing miscommunication. Nancy Martinez Ramirez discusses cultural competency and why it is vital to enhancing your practice.

For those seeking to purchase a home, a home inspector can offer valuable insights about a building’s structure and components – but their responsibilities are not comprehensive. Kevin Trost discusses the legal responsibilities of home inspectors under Wisconsin law.

Unfortunately, domestic violence is a common issue in family law cases. Haley Bjorn dives deep into Wis. Stat. section 767.41(2)(d)(1), which addresses changes to presumptions about legal custody family law cases involving domestic violence.

The Wisconsin Supreme Court will soon decide what the burden of proof is required at a termination of parental rights dispositional hearing. Jenni Spies Karas looks at the Court’s recent rulings on the burden of proof and what may be decided this session.

An involuntarily committed person’s due process right to receive both mental health examiners’ reports within 48 hours before the final hearing caused the circuit court to lose competency.

How did Avery Mayne become an elder law attorney, and what is her practice like? Benjamin Wright talks to this Milwaukee attorney who uses her voice to advocate for her clients.

A recent appellate decision out New Jersey – McGinty v. Zheng – illustrates the court’s increasing willingness to enforce arbitration agreements. Theresa Kobelt discusses the decision, which raises questions about the voluntariness of such consent givenfor one service but applied to an entirely different service and bearing different risks.

Dec. 30, 2024 – Attorney General Josh Kaul violated two provisions of controversial 2017 Act 369, the Wisconsin Court of Appeals, District II decided 2-1 in another case implicating separation of powers between the legislative and executive branches.

Traumatic events in our communities impact everyone, including lawyers and judges. Sociologist Amber Ault, LCSW, State Bar WisLAP manager says that it’s OK not to be OK when news breaks. Here’s where to find help.

The challenges facing attorneys to maintain legal competency in a complex and changing legal environment can be daunting. Peter Trotter discusses methods for keeping pace with changes in the law.