The Wisconsin Court of Appeals recently addressed a question of first impression concerning the scope of a circuit court’s authority when a dispute is subject to mandatory arbitration. In Herbal Aspect LLC v. Gish, the court held that a circuit court retains authority to consider and grant a temporary injunction to preserve the status quo, even after determining that the merits of the dispute must be resolved through arbitration.
The underlying dispute arose out of competing claims over ownership
Continue Reading Wisconsin Court of Appeals Confirms Courts May Issue Temporary Injunctions Pending Arbitration
Artificial Intelligence in Hiring: Innovation Meets Legal Risk
The use of artificial intelligence in the hiring process promises a level of efficiency that would have been impossible just a few years ago. Employers can now deploy artificial intelligence tools that parse through applications almost instantly, score candidates on a 1–5 scale with accompanying reasoning, automatically sort applicants into pools, and even scan LinkedIn and other social media profiles to supplement evaluations. Some software claims to reduce screening time by as much as 75%. Yet this technological leap
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New report assesses Wisconsin's criminal justice system, finds persistent troubling trends
By Alexandria Staubach A recent Wisconsin Policy Forum report highlights problems in Wisconsin’s criminal justice system ranging from the state’s continued place as a national leader in the disproportionate incarceration of people of color to expected increases in costs associated with the state’s prison population. The April report, entitled Cross Examination: A comprehensive view of Wisconsin’s criminal justice system, shows persistent troubling trends and hopes to be a “baseline assessment of Wisconsin’s criminal justice landscape.” Much in the report will
Continue Reading New report assesses Wisconsin's criminal justice system, finds persistent troubling trends
Are Your Federal Construction Projects Now Subject to the Illinois Prevailing Wage? What Contractors Must Know
Federal and state prevailing wage mandates are colliding on construction projects in Illinois, exposing owners, developers, and contractors to conflicting compliance obligations and increased project costs. With the enactment of Illinois HB 1189, projects that long fell exclusively under the federal prevailing wage law (Davis-Bacon) may now also be subject to the state’s prevailing wage law mandates.While the Illinois Department of Labor (IDOL) has issued guidance for contractors, there is little clarity on how to reconcile fundamental and incompatible
Continue Reading Are Your Federal Construction Projects Now Subject to the Illinois
Prevailing Wage? What Contractors Must Know
Maxwell moving on from LIRC perhaps
Georgia Maxwell, lame duck appointee to the Commission back in 2018, had that appointment expire in March 2023. She stayed on past that expiration date, however, and so her replacement, Katy Lounsbury, has yet to begin serving on the Commission.
But, Maxwell’s service on the Commission may be ending soon, as she has recently accepted a job as Waukesha county clerk beginning in June of this year.
When Maxwell’s work at the Commission will officially end remains
Continue Reading Maxwell moving on from LIRC perhaps
Why Is My Worker’s Compensation Insurance Company Asking for Unrelated Medical Records?
If you filed a Wisconsin worker’s compensation claim, you may be shocked when the insurance company starts asking for medical records that seem unrelated to your injury. For example, you may have injured your knee at work, but the insurance company wants records about your back, hip, ankle, or prior surgery. We understand why this feels invasive, unfair, and frustrating. Unfortunately, Wisconsin’s worker’s compensation system gives insurance companies broad rights to investigate and defend against claims, including the right
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Fifth Circuit Court of Appeals Panel Grants Stay in Case Challenging FDA Regulation of Mifepristone
UPDATE: Shortly after this alert was published, the Supreme Court granted an administrative stay of the Fifth Circuit’s order. This means that, while the Supreme Court reviews Danco’s and GenBioPro’s emergency requests that the Fifth Circuit’s stay be vacated, mifepristone is available under the 2023 REMS, which permits dispensing of mifepristone directly to patients by certain pharmacies, including by certain mail-order pharmacies. We will continue to follow this litigation and will provide further updates as they are available.
Continue Reading Fifth Circuit Court of Appeals Panel Grants Stay in Case Challenging FDA Regulation of Mifepristone
Wisconsin Supreme Court: Asbestos Created Safe-Place Statute Liability
April 28, 2026 – The asbestos dust that a steamfitter breathed, causing mesothelioma, resulted in safe-place statute liability for Pabst Brewing Co., a 5-2 majority of the Wisconsin Supreme Court decided recently in
Estate of Carol Lorbiecki v. Pabst Brewing Co., 2026 WI 12.
“As the owner of the brewery, Pabst owed a non-delegable duty under the safe-place statute to frequenters on the premises, a category that includes employees of independent contractors like Lorbiecki,” Justice Rebecca Frank
Continue Reading Wisconsin Supreme Court: Asbestos Created Safe-Place Statute Liability
Weekly Hospital Real Estate Briefing: More Land Banking | Hartford Hospital Plans $950M Tower | CaroMont Invests $200M in Oncology Services
Evers’ judges: David O. Hughes
”Evers’ judges” is our effort to present information about Gov. Tony Evers’ appointees to the bench. The information is taken from the appointees’ own judgeship applications.
Italics indicate direct quotes from the application. Typos, including punctuation errors, come from the original application even though we have not inserted “(sic)” after each one. WJI has left them as is.
Name: David O. Hughes
Appointed to: Kenosha County Circuit Court
Appointment date: Dec. 23, 2025, to term ending July 31,
Continue Reading Evers’ judges: David O. Hughes
From Transaction to Transformation: Leveraging M&A to Optimize Health Care Supply Chains
The U.S. health care industry continues to experience consolidation, with steady merger and acquisition activity (“M&A”) aimed at improving quality, expanding patient access and reducing costs by leveraging economies of scale. These transactions present a unique opportunity to undergo a strategic analysis of an often overlooked, but vitally important area: the supply chain.
Integrating two previously independent supply chains can be challenging from multiple perspectives, particularly given differing processes, levels of integration, existing vendor relationships and operational philosophies. These
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Not All Secrets Are Created Equal: Trade Secrets vs. Confidential Business Information
Not all business information is created equal, especially when it comes to legal protection. Companies often use the terms “trade secrets” and “confidential information” interchangeably, but under Wisconsin law, the distinction is meaningful and can significantly impact both risk exposure as well as available remedies. Understanding how these categories of information differ is essential for businesses to protect valuable business assets and navigate any potential disputes.
1. What Is a Trade Secret?
A trade secret is a specific category
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The SCOW docket: Court splits on whether interrogation of student violated Miranda, but either way the student loses in the end
Note: We are crunching Supreme Court of Wisconsin decisions down to size. The rule for this is that no justice gets more than 10 paragraphs as written in the actual decision. The “upshot” and “background” sections do not count as part of the 10 paragraphs because of their summary and necessary nature. We’ve also removed headings, citations and footnotes from the opinion for ease of reading but have linked to important cases cited or information about them. Italics indicate
Continue Reading The SCOW docket: Court splits on whether interrogation of student violated Miranda, but either way the student loses in the end
Family Court Doesn’t Favor Mothers – Here’s What They Actually Care About
Many individuals walk into family court believing the odds are stacked against them due to their gender. Some men believe women are favored in family cases, especially those involving children. At the same time, some women feel they have to go to extreme lengths to have their concerns taken seriously in court.
While implicit bias can play a role in any court decision, the belief that one’s gender alone determines the outcome of their case is highly unlikely.
The
Continue Reading Family Court Doesn’t Favor Mothers – Here’s What They Actually Care About
OSHA Revises Heat Enforcement Program for Construction Jobsites, Signaling Continued Enforcement Instead of a Federal Heat Rule
ArticleAmundsen Davis Construction AlertApril 27, 2026The U.S. Department of Labor has revised OSHA’s National Emphasis Program (NEP) on outdoor and indoor heat-related hazards, signaling that construction employers should expect continued heat inspections rather than the rollout of a new federal heat standard.
The updated NEP, which takes effect immediately and continues through April 10, 2031, refines how OSHA targets employers, including construction jobsites, for heat-related inspections when the heat index is expected to be 80 degrees or
Continue Reading OSHA Revises Heat Enforcement Program for Construction Jobsites, Signaling
Continued Enforcement Instead of a Federal Heat Rule
OSHA Revises Heat Enforcement Program, Signaling Continued Enforcement Instead of a Federal Heat Rule
OSHA Revises Heat Enforcement Program, Signaling Continued Enforcement Instead of a Federal Heat RuleThe U.S. Department of Labor has revised OSHA’s National Emphasis Program (NEP) on outdoor and indoor heat-related hazards, signaling that OSHA will continue enforcing heat safety through inspections rather than the rollout of a new federal heat standard.
The updated NEP, which takes effect immediately and continues through April 10, 2031, refines how OSHA targets employers for heat-related inspections when the heat index is expected to
Continue Reading OSHA Revises Heat Enforcement Program, Signaling Continued Enforcement
Instead of a Federal Heat Rule