On May 21, 2025, the Centers for Medicare & Medicaid Services (“CMS”) announced a substantial expansion of its Risk Adjustment Data Validation (“RADV”) audit program for all Medicare Advantage (“MA”) plans. Effective immediately, CMS will audit all eligible MA plans annually and aims to complete outstanding audits for prior payment years (“PY”) 2018-2024 by early 2026. These changes follow CMS’s 2023 final rule allowing extrapolation of RADV overpayments and signal an era of heightened scrutiny of MA billing practices…
Continue Reading Update: CMS to Annually Audit All Medicare Advantage Plans and Accelerate Completion of Prior Payment Year RADV Audits

Losing a loved one is hard enough—facing a probate mess afterward can make it even harder.
That’s exactly what happened to the Meyers family right here in Libertyville, Illinois. After their father passed away, the family believed he had a will—but no one could find it. What followed was months of confusion, stress, and court filings, all while trying to grieve. As a probate attorney in Libertyville, Illinois, our firm helps families through the probate process so you can…
Continue Reading Real Stories from a Probate Attorney in Libertyville, Illinois

The beginning of summer often aligns with the beginning of the growing season for many Midwest farmers. With the rising temperatures, fruits and vegetables aren’t the only thing growing this summer. The risk of heat stroke, heat exhaustion, and other heat-related injuries are a major risk for employees. So how do employers ensure that their workers stay safe during long days in the sun? State and federal agencies have developed recommendations and policies to answer this question.
Occupational Safety…
Continue Reading As Summer Heats Up, What Responsibility Do Employers Have to Cool Down Their Employees?

In U.S. ex rel. Wilkerson v. Allergan, the U.S. District Court for the Northern District of Illinois (the “Court”) recently ruled that “but-for” causation is required for liability under the False Claims Act (“FCA”) resulting from alleged Anti-Kickback Statute (“AKS”) violations.
This opinion aligns with the First, Sixth and Eighth Circuits, which deviated from the Third Circuit’s lower standard that only requires some “link” between the alleged kickback and false claim for FCA liability. The Seventh Circuit has yet…
Continue Reading The U.S. District Court for the Northern District of Illinois Holds that “But-For” Causation Is Required to Establish FCA/AKS Liability

Earlier this year, many low-income taxpayers were elated to learn about the possibility that tipped wages could receive federal income tax relief under the No Tax On Tips Act. Under President Trump’s “One, Big Beautiful Bill,” low-income taxpayers may have more to cheer for—or, more possibly, reasons for caution.The Latest on the No Tax on Tips Act
Recently, the Ways and Means Committee released a draft version of the tax bill, followed by supplemental amendments. In this bill, the…
Continue Reading No Tax on Tips—But What About Overtime and Social Security?

Can You Sue Your Ex for Lying About Assets After the Divorce Is Final?
 Posted on June 20, 2025 in DivorceIn high-asset divorces, honesty is more than a moral principle; it is a legal duty. Wisconsin courts require both spouses to provide complete financial disclosures during a divorce. This includes listing all marital and individual assets, even those held in trusts, business entities, or foreign accounts. 
If one spouse fails to do so, and the omission…
Continue Reading Can You Sue Your Ex for Lying About Assets After the Divorce Is Final?

State v. Nelson Holmes, 2024AP1121, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity
The COA affirmed Nelson Holmes’ conviction at trial of operating a vehicle under the influence and with a prohibited alcohol concentration, finding that a witness’s statements to a 911 operator were not testimonial and were admissible as present sense  impressions, and that Holmes was not subjected to custodial interrogation when he made incriminating statements to police.
The criminal complaint alleged that Holmes’ vehicle…
Continue Reading COA affirms OWI conviction at trial, finding that nontestifying witness’s statements to 911 operator were not testimonial and defendant not subjected to custodial interrogation.

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of human-made chemicals used across a number of industries. Their durability makes them ideal for various uses like stain protection in textiles, machine lubricants, and fire suppression. That same durability has led to their more common name, forever chemicals, as they do not break down easily in the environment and can persist in the human body for long periods. PFAS have been associated with an increased risk of certain…
Continue Reading The Shifting Nature of the PFAS Regulatory Landscape

Dan Gartzke, the State Bar’s next president starting July 1, with his wife Tracey L. Schwalbe, also an attorney.​​June 18, 2025 – Dan Gartzke could not predict that he would become State Bar president, he said in his inaugural speech Wednesday night in Madison, but “looking backward I see how every decision, every move, led to where I am now.” He could, however, point to how he made those choices. At each step, he was with mentors. Gartzke, who…
Continue Reading Dan Gartzke Sworn in as State Bar’s 70th President: 'Mentorship Helps Us Now'

State v. Peter Joseph Idell, 2024AP2230, District I, 6/17/25 (one-judge decision; ineligible for publication); case activity
The COA holds that an odor of intoxicants and the driver’s 2009 conviction for OWI established reasonable suspicion to extend stop for expired license plates to investigate OWI.
A West Allis police officer stopped Peter Idell for driving a vehicle with expired license plates.  The officer approached the vehicle and smelled intoxicants; Idell was the only person in the vehicle.  The officer…
Continue Reading COA holds that driver’s odor of alcohol and prior conviction for OWI provides reasonable suspicion to extend traffic stop

Rivers v. Guerrero, USSC No. 23-1345, 6/12/2025; Scotusblog page (with links to briefs and commentary)
A unanimous SCOTUS held that a habeas petitioner’s second filing asserting a new claim for relief, submitted after the district court entered judgment with respect to the first filing but while the first filing was pending on appeal, qualifies as a “second or successive” petition and must be approved by the court of appeals before considered by the district court.

Title 28, United…
Continue Reading SCOTUS: Second habeas petition filed while first petition pending on appeal must clear procedural hurdle before claim may be considered on its merits.

On June 5, 2025, the United States Supreme Court issued a unanimous decision regarding a reverse discrimination case. The case involved a heterosexual female alleging she was discriminated against by being denied a promotion, which was given to a lesbian woman and further for later being demoted and her prior position was then filled by a gay man. The Supreme Court held that a claimant in a majority employment class (i.e. heterosexual) does not have a higher burden of…
Continue Reading The Supreme Court Issues Decision in Ames v. Ohio Youth Services

From left, current State Bar President Ryan Billings, incoming President Dan Gartzke, and Immediate Past President Dean Dietrich at Board of Governors meeting in Madison​.
​​June 18, 2025 – While the State Bar of Wisconsin’s Board of Governors (Board) bid farewell to several members, and to retiring Executive Director Larry Martin, the Board also selected individuals for leadership positions in the new fiscal year, which begins July 1. Kicking off the
2025 Annual Meeting and Conference at the Monona…
Continue Reading State Bar Board Bids Farewell to Fiscal Year 2025 and Prepares for the New Year

Author: Attorney Delaney AgnewPhone: 608-257-0945Email: dagnew@hurleyburish.com
In the age of Artificial Intelligence (AI), it may be tempting to forgo hiring an estate planning attorney to draft your important documents. However, below are some considerations that explain why this might not be the best idea.

  • Legal Expertise and Accuracy

    • Estate laws vary by state and are often complex.

    • An attorney ensures your documents are legally valid, compliant with current state laws, and properly executed (e.g., notarization and witness requirements).

    …
    Continue Reading Why You Shouldn’t DIY Your Estate Plan

    State v. Timothy J. Petrie, 2024AP2629-CR, 6/11/25, District 2, (1-judge opinion, ineligible for publication); case activity (including briefs)
    Petrie argued the officer lacked probable cause to perform a preliminary breath test (PBT), therefore all evidenced gathered afterward must be suppressed. On appeal, he contends that the circuit court improperly applied the independent source doctrine because the state failed to present evidence at the suppression hearing and the court relied on the complaint. COA reverses and remands for an…
    Continue Reading Defense Win: Circuit court erroneously exercised discretion when it denied motion to suppress under independent source doctrine without evidentiary hearing

    Author: Attorney Delaney AgnewPhone: 608-257-0945Email: dagnew@hurleyburish.com
    The transition into adulthood is typically marked by major life events such as going off to college, entering the workforce, moving away from home, buying a home, getting married, or even starting a family of your own. However, an important part of this transition should include planning for the unexpected.
    Planning for death or incapacity is not typically brought up in pleasant dinner table conversation, and most young people view their own death…
    Continue Reading Why Even Young Adults Should Not Put Off Estate Planning