The TCJA and Estate Taxes could be up in the air depending on the presidential election outcome. With the 2024 election looming, uncertainty hangs over the fate of the Tax Cuts and Jobs Act (TCJA) of 2017. This landmark legislation included a significant increase in the estate tax exemption, allowing individuals to transfer much larger sums to heirs without incurring federal estate tax. However, some key provisions of the TCJA, including the high estate tax exemption, are set to
Continue Reading The TCJA and Estate Taxes- Start Preparing Now

The admissions ceremony was held before members of the Wisconsin Supreme Court in the Assembly Chamber in the State Capitol building. For additional photos, see the albums on Facebook for the 9:30 a.m. and the 1:30 p.m.​ ceremonies.

May 24, 2024 – The new Wisconsin lawyers include a math professor, a young man who faced drug charges and whose public defender changed his life, a paralegal who wanted to do more to help people, and several first lawyers
Continue Reading Marquette Admissions: Welcome to 185 New Wisconsin Lawyers

May 22, 2024 – A Costco in the Green Bay area did not violate the Wisconsin Unfair Sales Act (WUSA) 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 in Pit Row, Inc. v. Costco Wholesale Corporation, No. 23-1800 (April 30, 2024).In March 2020, the owners of 12 gas stations (the Stations) in the Green Bay area sued Costco
Continue Reading Costco’s Cut in Gas Prices to Match Competitors Didn’t Violate Unfair Sales Act

May 21, 2024  – 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 (District III) has ruled in State v. Vannieuwenhoven, 2022AP882 (April 30, 2024).   Barring an appeal to the Wisconsin Supreme Court, the decision marks the last chapter in a double-murder case that went unsolved for 42 years.On July 9, 1976, Ellen Mathys, age 24, and David Schuldes, age 25,
Continue Reading DNA Profile From Saliva, Obtained by A Ruse, Was Lawfully Collected

Prenuptial agreements, commonly referred to as “prenups,” are legal agreements that couples may enter into before marriage. A prenup may protect assets belonging to either spouse and determine how certain issues will be handled if the couple chooses to get a divorce.

While these agreements can be valuable tools for protecting the interests of both parties, there are circumstances under which a court in Wisconsin may declare that a prenup is invalid. Understanding these circumstances is essential
Continue Reading When Can a Wisconsin Court Rule That a Prenup Is Invalid?

May 21, 2024 – 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 in Greenwald Family Limited Partnership v. Village of Mukwonago, No. 21-3237 (April 29, 2024).In September 2014, the Greenwald Family Limited Partnership (the Partnership) offered to buy four acres along the eastern edge of a 19.6-acre parcel known as
Continue Reading Infrastructure Requirements for Land Split Didn’t Violate Equal Protection Clause

A parent in a termination of parental rights proceeding has a near absolute statutory right to counsel, pursuant to Wis. Stat. section 48.23. Case law establishes that a parent’s statutory right to counsel is not limited to those who appear in person, and that such a right can withstand default judgment.1Wis. Stat. Section 48.23(2)(b)3 In response to these cases, the Wisconsin Legislature amended the statutes to create a process by which a parent may presumptively waive their
Continue Reading ‘Egregious’ and Accidental Waiver of Counsel in TPR Cases

Teachers play a key role in shaping the future by educating and inspiring students. However, their job can also come with its own set of risks and challenges, including workplace injuries.

It is important for teachers to review workplace injury risks and tips on how to stay safe.
Musculoskeletal and vocal injuries
The Bureau of Labor Statistics reports that over 120,000 elementary and secondary school teachers suffered a job-related injury or illness during 2021. One of the most common
Continue Reading Teachers and work-related injuries

Non-compete agreements in Illinois may be up in the air due to recent and future rulings. The recent decision by the Federal Trade Commission (FTC) to ban non-compete agreements nationwide sent shockwaves through the American workforce. While this ruling has significant implications, the situation for Illinois employers and employees remains somewhat murky. Here’s a breakdown of what you need to know:
The FTC’s Non-Compete Ban: A National Shakeup
The FTC voted to enact a rule prohibiting employers from imposing
Continue Reading Non-Compete Agreements in Illinois

May 17, 2024 – 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.In Winnebago County v. D.E.W.,2023AP215 (May 14, 2023), the Wisconsin Supreme Court, in a per curiam decision, ruled that the review of the decision of the Wisconsin Court of Appeals should be dismissed as improvidently granted.The case involved whether Winnebago
Continue Reading Debate Over Dismissals for Improvidently Granted Petitions Continues

Attorneys Erin Deeley, Matthew Fisher, and Isaac Brodkey will present “Wisconsin’s Fair Dealership Law: 50 Years and Counting 2024” to an audience registered through the State Bar of Wisconsin. The presentation will give an overview, key developments since 1974, the current landscape of WFDL decisions and developments, and open WFDL issues that could be addressed in the future. Attendees will also learn about:

  • The purposes of the WFDL
  • What qualifies as a dealership?
  • What qualifies as a

Continue Reading Stafford Rosenbaum Attorneys Present on Wisconsin Fair Dealership Law for State Bar CLE

This post is the fourth and final (for now) part in a multi-part series on Minnesota’s Adult Use Cannabis Law. Feel free to check out Parts 1-3 here, here, and here. The last post talked about medical cannabis. This next post will focus on the implications of recent news coverage (like this one from the AP) about the Drug Enforcement Administration’s (DEA) intention to reschedule marijuana under the Controlled Substances Act.

Before we get too
Continue Reading Minnesota Adult Use Cannabis Law: What’s the Deal with Rescheduling?

The business world is abuzz with the recent FTC non-compete ban. This new rule, if implemented, would significantly impact how employers and employees approach job changes. But before it takes effect, the FTC’s authority to ban non-compete agreements is being challenged in court.
Legal Showdown: Business Groups vs. FTC
The US Chamber of Commerce and other business organizations are suing the FTC, arguing the agency lacks the legal power to enact a blanket ban on non-competes. They believe
Continue Reading FTC’s Non-Compete Ban Faces Legal Challenges

Posted on May 10, 2024 in Criminal Defense
People who are accused of possessing or distributing drugs will often face criminal charges related to these substances. However, there are some cases when criminal charges may also apply to items that are related to drugs, even if no drugs are found.

Under Wisconsin law, the possession of drug paraphernalia is a criminal offense, and more serious charges usually apply if a person is accused of selling or distributing paraphernalia to
Continue Reading Is Distributing Drug Paraphernalia a Crime in Wisconsin?

May 10, 2024 – 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 (District II) has ruled in State v. Larson, 2023AP1534 (April 24, 2024).In February 2023, the Kenosha County District Attorney charged Maria Larson and Gerald Campion with first-degree reckless homicide, as parties to a crime.The file stamp on the front of the criminal complaint listed Branch 6 Judge Angelina Gabriele.Larson
Continue Reading Request for Judicial Substitution Timely Even Though Made Before Bindover

May 10, 2024 – 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 (District III) has held in Koble Investments v. Marquardt, 2022AP182 (April 23, 2024).In May 2019, Elicia Marquardt signed a 12-month apartment lease with Koble Investments (Koble).On March 27, 2020, Gov. Tony Evers issued a 60-day emergency order that prohibited landlords from serving eviction
Continue Reading Eviction Notice Filed During 60-day COVID Moratorium Was Illegal