News & Pubs Archive

Practitioners often disagree on when the harm standard is required to revise custody and placement orders pursuant to Wis. Stat. section 767.451(1). Chelsie Thuecks argues that the harm standard only applies within two years of the initial order regardingcustody and placement.

When a landlord refuses to maintain safe and decent housing for their tenants, material remedies for tenants can be difficult. Samuel Hutchison discusses how to help your client make an informed decision on pursuing rent abatement.

As the so-called silver tsunami hits health care, many physician-owners of ambulatory surgery centers are preparing for retirement. Angela Rust describes succession-planning challenges attorneys should raise to address compliance with the Anti-kickback Statute.

Sibling relationships play a critical role in a child’s life, especially for those experiencing trauma. Morgan Boyd discusses the importance of maintaining sibling relationships in foster care and adoptions.

New laws in Delaware that codify common practices in mergers and acquisitions are worth examining. Clyde Tinnen summarizes the cases and new laws with an eye toward what may happen in Wisconsin.

The American Bar Association (ABA) recently issued Formal Opinion 512 on the use of generative artificial intelligence tools. Paul Curtis discusses the 15-page opinion, which addresses the use of generative artificial intelligence in the practice of law.

From understanding gender dysphoria to advocating for transgender rights, my journey as a lawyer and the mother of a transgender son has been transformative, writes Heidi Mangelsen.

Meticulous preparation is the cornerstone of success when negotiating commercial contracts for your client. Sam Wayne offers practical tips and insights to empower you to negotiate contracts with confidence.

The Supreme Court in its decision in State v. R.A.M. found “egregiousness” triggers the waiver of counsel statute in Wis. Stat. chapter 48. Courtney Roelandts discusses the ruling and cautions that trial courts need to be careful to disavow the application of this section where not intended.

A party seeking health insurance coverage for autism-related medical treatment has lost an appeal at the Seventh Circuit Court of Appeals, in Midthun-Hensen v. Group Health Cooperative of South Central Wisconsin.

A county zoning ordinance requiring cellphone towers to be at least one-half mile apart is preempted by state law, the Wisconsin Court of Appeals (District IV) has ruled in Savich v. Columbia County Board of Adjustment.

A plaintiff’s failure to honestly and meaningfully address a question of appellate jurisdiction under 28 U.S.C. section 2107 rendered his appeal frivolous, the U.S. Court of Appeals for the Seventh Circuit has ruled..

In a case of first impression, the Wisconsin Court of Appeals (District III) has applied the other-acts evidence statute to a sexual assault case.

The FBI was not required to seek a warrant before obtaining cell phone data on an armed man heading toward the site of civil unrest because of exigent circumstances, the U.S. Court of Appeals for the Seventh Circuit has held in U.S. v. Karmo.

Whether the right to counsel had attached at a probable cause hearing wasn’t a settled matter of law, meaning an attorney wasn’t deficient when he failed to object to a lineup identification that occurred without counsel present, the Wisconsin Court ofAppeals (District I) has ruled.

Continuing Lawyer Education (CLE) credits are an inevitable yet essential component of one’s legal practice. Kelly Gorman discusses additional opportunities to earn CLE credit.

Lawyers are needed to help their colleagues in a vital role – as a Wisconsin Lawyers Assistance Program Volunteer Monitor. Training is Oct. 11 – apply by Sept. 16.

Farm bankruptcies are down. David Krekeler explores why that is and the differences between Chapter 12 and Subchapter V filings.

In 2011, Act 10 stripped away most collective bargaining rights from public sector labor unions, but a new case seeks to have it blocked. Martin Kuhn explores the history of Act 10 and offers insight on what may be next.

The Wisconsin Elections Commission properly applied a substantial compliance standard when accepting nomination papers that were blurred and omitted some words, the Wisconsin Court of Appeals has ruled.

A district court did not err by denying a motion for sanctions against attorneys for plaintiffs who sued a company with an inaccurate timekeeping system, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Statements from a juvenile who was subjected to psychological pressure by police in three interviews conducted over 26 hours must be suppressed, the Wisconsin Court of Appeals has ruled

A company that twice promptly re-assigned an employee after he’d complained about racial harassment by his supervisors did not create a hostile work environment, the U.S. Court of Appeals for the Seventh Circuit has ruled.

With the 2023-24 Wisconsin legislative session concluded, several bills were signed into law that affect the construction industry. John Schulze discusses the new laws and the areas they impact.

The Office of Management and Budget (OMB) recently issued a final rule revising the Uniform Guidance that took effect Oct. 1, 2024. Heidi Rattner discusses the recent revisions, which are intended to broaden access by underserved populations.

When attorneys encounter bad legal advice on social media, what should they do? Sarah Bondar says that sometimes being helpful can cause problems, and that the reward does not outweigh the risk.

There are strict requirements for those seeking to make claims for injury or damages against a governmental body and employees. Bryn Baker discusses the statutory notice requirements for these claims.

Wisconsin’s “right to farm” law does not bar a lawsuit over the alleged failure to repair an agricultural drainage tile system, the Wisconsin Court of Appeals has ruled.

Evidence of new treatment for post-traumatic stress disorder is a new and highly relevant sentencing factor for a defendant convicted of homicide, the Wisconsin Court of Appeals has held.

Absentee ballots must be witnessed in Wisconsin, and the witness must provide an “address” on the witness certification. Recently, a state appeals court upheld a circuit court’s definition of “address” but clarified the standard for applying it.

In a 4-3 decision, the Wisconsin Supreme Court has overruled a 2022 decision that held ballot drop boxes were illegal.

Recommitment and involuntary medication hearing notices must be served on the subject of the hearings, not only his or her attorney, the Wisconsin Supreme Court has ruled.

A statute authorizing the legislature’s Joint Finance Committee to temporarily block the Department of Natural Resources’ spending of legislatively appropriated funds violates the Wisconsin Constitution’s separation of powers provision, the Wisconsin Supreme Court has ruled.

A mediation term sheet created as a prelude to a final settlement agreement is unenforceable because several of its material terms are indefinite, the Wisconsin Court of Appeals has ruled in an unpublished opinion.

A federal district court did not err when it declined to credit a defendant’s acceptance of responsibility after he spent most of his allocution shifting blame and complaining about the prosecution, the U.S. Court of Appeals for the Seventh Circuit has held.

A circuit court improperly entered an injunction against an anti-abortion protestor who repeatedly made intimidating statements to a nurse who worked at a clinic, the Wisconsin Supreme Court has ruled.

A circuit court did not err by relying in part on an adoptive parent’s promise when deciding to terminate the parental rights of a birth parent, the Wisconsin Supreme Court has ruled.

Attorneys can help pharmacists navigate their statutorily defined duties and scope of practice, which are constantly evolving. Alexandra Guzek provides an overview of the statutes governing pharmacy practice Wisconsin and how standing orders and collaborative practice agreements can expand pharmacists' scope of practice.

The strength and preparation of your expert witnesses can make or break your case, says Corey Lorenz. Preparation should begin early in the case and continue through trial.

A woman who reported payments, but not gross income, from self-employment when applying for unemployment benefits was overpaid, the Wisconsin Court of Appeals has held.

A classic line from William Shakespeare is a statement of how important lawyers are in maintaining our democracy and the rule of law, writes Bruce Tammi, who suggests a way that lawyers can do just that.

Attorneys who bring civil claims on behalf of a cognitively impaired client need to be aware of their ethical duties in communicating with and representing these clients, writes Nicholas Watt, who also discusses the Rules of Civil Procedure that govern these clients' representation.

A special verdict did not err by precluding a jury from considering a plaintiff’s post-accident conduct when apportioning liability, the Wisconsin Court of Appeals has held.

A circuit court must wait at least two days before adjudicating the dispositional phase of a termination-of-parental-rights trial when the parent has failed to appear, the Wisconsin Supreme Court has held.

Statutes that bar municipalities from condemning land for pedestrian walkways do not apply to sidewalks, the Wisconsin Supreme Court has held.

A police officer who saw no signs of drowsiness or intoxication in a driver he stopped was not justified in extending the traffic stop and ordering the driver out of the car, the Wisconsin Supreme Court has ruled.

Colorblindness and a lack of cultural competency pose significant threats to children who are transracially adopted. Law student Payton Altman discusses the history and issues surrounding transracial adoptions.

What is the economic outlook for the rest of 2024 and into 2025? Lanre Abiola discusses current and possibly future trends for business and corporations, including law firms.

Gaining mental health literacy can help lawyers not only understand their clients better, but also boost their own ability to practice. Sociologist Amber Ault, LCSW, State Bar WisLAP manager, discusses what lawyers learned at a recent CLE program – the ones participants say every law student and lawyer should know.

A man convicted of a domestic violence misdemeanor is prohibited from buying a gun under federal law even though a state court had expunged the conviction, the Wisconsin Court of Appeals has held.

An agency order prohibiting certain energy market bids that was issued without following rulemaking procedures was an invalid rule because it had the effect of law and implemented state statutes, the Wisconsin Court of Appeals has ruled.

It was not prosecutorial misconduct for a prosecutor to ask a probation agent to stall a criminal defendant on the day of trial while the prosecutor attempted to locate a witness, the Wisconsin Court of Appeals has a ruled in an unpublished opinion.

A criminal defendant was prejudiced by an expert witness’s testimony that only 1% of the evidence in child sexual abuse reports is false, the Wisconsin Court of Appeals has held in an unpublished opinion.

A motion for relief from two default judgments was not timely when it was filed seven months after entry of the judgment, the Wisconsin Court of Appeals has ruled in an unpublished opinion.

The Federal Trade Commission's ban on noncompete agreements may take effect Sept. 4. Tom O’Day and Audrey Merkel discuss the impact the ban could have on the health care industry and what employers can do now to prepare.

Legal documents can now be signed and witnessed remotely. Heather Poster discusses the new rules and offers tips and advice on incorporating remote notarization and witnessing of estate planning documents into your practice.

Wisconsin Supreme Court Chief Justice Annette Ziegler has appointed a committee to address the continuing shortage of attorneys across Wisconsin.

A complaint stating the existence of a dispute over the appraisal of an insured loss and that one party refused to abide by the insurance contract’s appraisal clause was sufficient to withstand a motion to dismiss for failure to state a claim, the Wisconsin Court of Appeals has held.

The U.S. Court of Appeals for the Seventh Circuit has allowed a lawsuit to proceed against two Wisconsin Department of Corrections officials who failed to correct an erroneous probation sentence.

Racine’s mayor did not violate the First Amendment when he denied COVID-19 relief funds to a businessman because the businessman attended a rally protesting Gov. Evers’ “Safer at Home” order, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The U.S. Court of Appeals for the Seventh Circuit has ruled that a man convicted of homicide but held without any meaningful appeal for 28 years must be released unless the State of Wisconsin grants him a new trial within two months.

The statute that limits punitive damages to twice recovered damages applies to the total amount of compensatory damages, not only the amount attributable to a single defendant, the Wisconsin Court of Appeals has ruled.

Vacant land sales hold legal landmines for both parties and their attorneys. Erik Monson discusses how to research and respond to three particular issues that can result in claims and lawsuits.

The Equal Employment Opportunity Commission recently issued its final enforcement guidance on unlawful workplace harassment. Kate O’Malley discusses noteworthy updates between the proposed and the final guidance documents on sex-based harassment and on free speech and religious views.

A federal district court was correct to dismiss a takings lawsuit that was parallel to a previously filed state lawsuit challenging a taking related to the aborted Foxconn development, the U.S. Court of Appeals for the Seventh Circuit has held.

A Costco in the Green Bay area did not violate the Wisconsin Unfair Sales Act by lowering its gas prices to the non-posted prices offered by stations under a customer rewards program, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Do you like helping people? Wondering how to get involved in public interest law? Kelsey Brown discusses ways law students and Wisconsin lawyers can participate in public interest law volunteer opportunities.

A DNA profile developed from saliva on an envelope that a suspect willingly gave to a police officer was lawfully obtained, the Wisconsin Court of Appeals has ruled.

A village acted rationally when requiring a developer to commit to building an access road and perform other actions before granting a proposed land division, the U.S Court of Appeals for the Seventh Circuit has held

The Wisconsin Supreme Court’s dismissal of another case – because review was improvidently granted – has sparked a new round of debate between the justices about whether such dismissals should be accompanied by an explanation.

A case currently under review by the Wisconsin Supreme Court begs the question: Can a trial court accidentally find that a parent has waived their right to counsel by simply entering default judgment and uttering the word “egregious?” Jenni Spies Karas Courtney Roelandts discuss _State v. R.A.M._.

Joint custody in Wisconsin has evolved. Karyn Gimbel Youso discusses the history of joint custody, including a recent unpublished case that she believes represents the correct application of current law.

Research confirms that lawyers report greater levels of vicarious trauma than mental health professionals, writes Amber Ault, State Bar WisLAP manager and a licensed mental health worker. She discusses ideas about why that’s so and offers tips to help youmitigate the stress and trauma that can be a part of your practice.

A criminal defendant’s request for judicial substitution was timely even though it was made before the case was bound over, the Wisconsin Court of Appeals has ruled.

A landlord violated the Wisconsin Consumers Act by serving an eviction notice on a tenant during a 60-day moratorium on evictions for failure to pay rent, the Wisconsin Court of Appeals has held.

The fact that a criminal defendant’s lawyer previously presided over his preliminary hearing does not entitle the defendant to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The Wisconsin Supreme Court has unanimously turned down a challenge to the state adoption law filed by a man who argued that the law’s requirement that an adoptive parent be married to the child’s parent violates the state and feder

Double counting – dividing an asset for property and as income available for maintenance – is generally prohibited. A more nuanced review of the rule and case law reveals important exceptions, writes David Kowalski.

The Wisconsin Supreme Court has rejected the due process claims of a Milwaukee police officer whose employment was terminated after he posted offensive Facebook posts about then-Milwaukee Bucks basketball player Sterling Brown.

Several federal agencies in 2023 proposed a new rule to address treatment challenges to the growing mental health and substance use crises in the U.S. Elicia Grilley Green and Noreen K. Vergara discuss the new proposed rule to enforce the Mental HealthParity and Addiction Equity Act (MHPAEA).

Wis. Stat. section 102.35(3) provides a penalty of up to one year’s wages for employers who fail to rehire injured workers where suitable work is available within their restrictions. Naomi Swain discusses the elements necessary for such a claim and important practice points for counsel.

The State Bar of Wisconsin Lawyers Assistance Program (WisLAP) is a mental health and wellness resource available to all Wisconsin attorneys as well as an opportunity for lawyers to get involved in volunteer efforts and peer-to-peer support.

Your mental and emotional health are just as important as your intellect when practicing law, writes Amber Ault, State Bar WisLAP manager. Find out why – and how the State Bar can help you with this vital component of a successful practice.

In rural Wisconsin, attorneys face inadequate access to resources and overburdened calendars. Jody L. Cooper discusses how lawyers can harness the power of remote paralegals.

Damage caused by a company’s intentional failure to repair a condominium complex can constitute an accidental “occurrence” that is covered by a commercial general liability insurance policy, the Wisconsin Court of Appeals has held.

The estate of a man who took his own life in a county jail failed to show that correctional officers were objectively unreasonable when they failed to enforce a rule that prohibits coverings that obscure views into cells, the U.S Court of Appeals for the Seventh Circuit has ruled.

To ensure the safety of a juvenile and the community, sometimes the juvenile must be taken from the home and put in an alternative placement, but options are limited. Matthew Kline delves into this prevalent problem facing juvenile courts across thestate, and the harm that this can cause to the juveniles in this predicament.

The exclusive remedy provision of the state workers’ compensation law bars a tort lawsuit against a third-party claims administrator, the Wisconsin Court of Appeals has ruled.

A circuit court’s dismissal of an OWI charge after conviction on a different charge under Wis. Stat. section 346.63(1)(c) can be reversed, the Wisconsin Court of Appeals has ruled.

A circuit court did not err in returning a poodle to its original owner in a replevin action, the Wisconsin Court of Appeals has ruled.

Fiscal year 2023 was record breaking for the U.S. Department of Justice’s False Claims Act settlements and judgements. Leah Ruedinger reviews several settlements and lists best practices for compliance.

A federal law prohibits a divorce court from dividing miliary disability pay that a veteran opts to receive instead of retirement pay, the Wisconsin Count of Appeals has ruled.

A driver’s red eyes, slow speech, and freshly lit cigarette gave a police officer reasonable suspicion to expand a traffic stop to field sobriety tests, the Wisconsin Court of Appeals has ruled.

An insurance policy’s exception to an exclusion of liability was ambiguous because it lacked terms of geographic limitation while related exceptions contained such terms, the Wisconsin Court of Appeals has ruled.

A lawsuit alleging a breach of contract warranties was barred because it was filed beyond the survival date for the warranties specified in the contract, the Wisconsin Court of Appeals has ruled.

Daniel Graff, U.W. 1994, is a staff attorney for Wisconsin Department of Transportation’s Office of General Counsel. His practice includes public records, personnel law, various state patrol matters, and regulation of licensed motor vehicle dealers and buyers.

Resort to affidavits by a legislative fiscal analyst was appropriate to interpret an ambiguous property tax statute, the Wisconsin Court of Appeals has held.

How does the juvenile justice system address multiple levels of disparities in Wisconsin? Alaina Fahley discusses the intersection of race and disability and the school to prison pipeline, and its effects on children involved in Wisconsin’s juvenilejustice system.

Who is Blaine Patino and why does he practice elder law? Benjamin Wright talks to this Wauwatosa attorney who, he says, has somewhat of an unusual style for someone practicing elder law.

Artificial intelligence may be very helpful in conducting legal research, but it is important that attorneys fully understand the impact and risks this new technology poses for the legal field, write Jennifer Schank and Emilie Dozer.