Oct. 14, 2026 — A case against a 10-year-old charged with first-degree murder in the shooting death of his mother has raised constitutional issues of national importance.A primary question is whether the attributes of youth, as described by the U.S. Supreme Court, apply in determining whether the defendant should be tried as an adult.A nationally known public interest lawyer, Bryan Stevenson, is representing the defendant in State v. Mann-Tate. Oral arguments were Sept. 8.Seven justices will decide whether
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Michigan Sues Blue Cross Blue Shield of Michigan, Alleging that It Conspired to Raise Insurance Prices and Lower Reimbursements to Health Care Providers
On October 8, 2026, the Michigan Attorney General, on behalf of the State and in its parens patriae authority on behalf of the people of Michigan, sued Blue Cross Blue Shield of Michigan (“BCBSM”) alleging federal and state antitrust violations and state claims of nuisance and unjust enrichment. The complaint alleges that BCBSM conspired with other insurance companies that make up the Blue Cross Blue Shield Association (the “Association”) to reduce competition and increase prices for insurance sold to…
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3 Common Commercial Contract Mistakes Business Owners Make (and How to Avoid Them)
3 Common Commercial Contract Mistakes Business Owners Make (and How to Avoid Them)Commercial contracts can have a significant impact on a business’s profitability, operations, and risk exposure. Yet many business owners sign vendor agreements, service contracts, and sales agreements without fully understanding key provisions or appreciating how those terms may affect them down the road. What appears to be a routine business contract can create unexpected obligations, financial exposure, or costly disputes if important details are overlooked.Fortunately, many contract-related…
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Avoid Them)
‘Miracle Lien Avoidance:’ A Powerful Bankruptcy Tool for Farmers and Rural Debtors
Oh, those pesky liens!
They seem to touch everything you have. Liens on tractors. Liens on skid steers. Liens on livestock. Liens on tools. Sometimes even liens on the refrigerator and other household goods.
You try adjusting payments. You write letters. You make phone calls. You negotiate. But the liens just won’t go away.
You would even consider bankruptcy, but everyone knows the old saying: “Liens pass through bankruptcy unchanged.”[1]
So what’s a farmer, tradesperson, or rural family…
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Dog Injury Claims in Wisconsin: Liability, Insurance, and Defenses
- October 13, 2026Wisconsin’s dog injury statute applies to more than bites. Katelyn Sandfort explains the state’s strict liability statute, comparative negligence, insurance issues, and potential defenses. Dogs are man’s (and woman’s) best friend. But sometimes without warning, interactions with a dog can result in serious injuries. Wisconsin’s dog injury statute provides as follows: 174.02 Owner’s liability for damage caused by dog … (1) Liability for injury. (a) Without notice. Subject to s. 895.045 and except as provided in s. 895.57(4)
…
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November ballot question 3: Prohibiting targeted government benefits for minority individuals and women
Wisconsin voters will encounter three constitutional amendment referendum questions on the Nov. 3 ballot. In a series of posts, Wisconsin Justice Initiative will help you understand constitutional amendment referendum questions generally, and the Nov. 3 election questions specifically. This is part five in the series. Find prior posts here.
By Alexandria Staubach and Margo Kirchner
Ballot question 3 is the most destructive proposed constitutional amendment voters will face on Nov. 3; it’s a regressive ploy.
The proposed amendment…
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Indiana Court of Appeals Reverses Regular Commitment Due to Insufficient Evidence
The Indiana Court of Appeals (the “Court”) recently reversed a regular commitment for a schizophrenic patient because the hospital failed to offer any evidence that the patient was dangerous to himself or others and that he was unable to function independently. The Court found the hospital did not present clear and convincing evidence. In re. Matter of Civil Commitment J.A., No. 26A-MH-606 (Ind. Ct. App. Sept. 18, 2026).
Background
J.A. has received care for schizophrenia since at least…
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Can Workers’ Comp Deny Benefits for a Surgery You Already Had?
If you’ve been injured at work in Wisconsin, you might assume that once your workers’ compensation claim is accepted, your medical treatment will be covered.
But what happens if you undergo surgery for your work injury and, afterward, the insurance company argues that the surgery was not actually related to your workplace accident?
That question was addressed in Kimberly Brown v. Shirley Gregory & Jose Vaz, Sangria’s Mexican Grill, a 2025 decision from the Wisconsin Labor and…
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Coalition renews call for community supervision over surveillance tech
Wisconsin Justice Initiative has joined a new 45-organization coalition led by the ACLU of Wisconsin and Milwaukee Turners to advocate for an ordinance that strengthens community oversight over police surveillance technology.
The coalition sent an open letter (above) to city officials late last week. The letter calls on officials to demand an end to the use of the Flock Safety automated license plate reader system within the city and asks again that they adopt a Community Control Over…
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Federal Court Upholds CMS’s OPO Performance Rule but Allows Earlier Judicial Challenges
On September 29, 2026, in LifeLink Foundation, Inc. v. Kennedy, the U.S. District Court for the Middle District of Florida (the “Court”) upheld the Centers for Medicare & Medicaid Services (“CMS”) 2020 rule governing Organ Procurement Organization (“OPO”) performance measures and tier classifications (the “Final Rule”). The decision rejects one significant legal challenge to the Final Rule and, for now, leaves the current framework in place for the 2026–2030 recertification cycle, although other lawsuits challenging the framework remain…
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Illinois Assisted Living Update: New Assessment, Dementia Care and Enforcement Requirements
The Illinois General Assembly recently enacted HB 3392, which amends several provisions of the Illinois Assisted Living and Shared Housing Act (“Act”). The legislation imposes new assessment requirements, modifies qualifications for assisted living directors, updates medication administration provisions, revises dementia care requirements and strengthens enforcement authority for repeated compliance deficiencies. The law took effect immediately upon becoming law on July 24, 2026. HB 3392 continues Illinois’ recent efforts to modernize the Act, following 2025 reforms addressing resident rights,…
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DOJ Memo Sharpens Its Corporate Fraud Focus: Insights from the National Fraud Enforcement Division on Its Corporate Enforcement Priorities
On October 1, 2026, Colin M. McDonald, Assistant Attorney General for the National Fraud Enforcement Division (“NFED” or the “Fraud Division”), issued a memorandum (the “Memo”) announcing key priorities of the Fraud Division’s Corporate Enforcement Section. The Memo follows significant changes to internal U.S. Department of Justice (“DOJ”) workflows for criminal fraud enforcement and the creation of a standalone NFED earlier in 2026.
Corporate misconduct, including health care, was among the five enforcement priorities previously announced for the NFED.
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4 International Trade Trends Wisconsin Businesses Should Watch Followingthe G20 Trade Ministerial
Milwaukee recently hosted the 2026 G20 Trade Ministerial, bringing trade officials from the world’s largest economies to Wisconsin. Although the meeting did not produce a new trade agreement, it offered a useful glimpse into the priorities increasingly driving trade policy around the world.
Four themes emerged from the discussions: the growing connection between trade policy and geopolitical risk; the importance of supply-chain resilience; the increasingly strategic role of trade compliance; and a heightened focus on the practices behind global…
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November ballot question 2: Banning closure of places of worship during an emergency
Wisconsin voters will encounter three constitutional amendment referendum questions on the Nov. 3 ballot. In a series of posts, Wisconsin Justice Initiative will help you understand constitutional amendment referendum questions generally, and the Nov. 3 election questions specifically. This is part four in the series. Find parts one, two, and three here, here, and here.
Wisconsin legislators are asking voters to approve a constitutional amendment purportedly about religious liberty, but which many religiously leaders…
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Seller Misrepresentation Claims: What Homeowners Need to Know
One of the most common disputes arising from residential real estate transactions is a seller misrepresentation claim. These lawsuits are often based on allegations that the seller failed to disclose a known defect or provided inaccurate information about the property’s condition.
Although the terms are sometimes used interchangeably, a failure-to-disclose claim is generally one type of seller misrepresentation claim. A buyer may allege that a seller failed to disclose a known defect, provided an inaccurate answer on a Real…
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DOJ Revises Justice Manual to Strengthen False Claims Act Enforcement
The U.S. Department of Justice (“DOJ”) recently revised its Justice Manual to strengthen its approach to False Claims Act (“FCA”) enforcement. The revisions address two issues particularly relevant to FCA defendants: the use of sub-regulatory guidance and DOJ’s consideration of dismissing declined qui tam actions.
DOJ Reinforces Limits on Sub-Regulatory Guidance
The revised Justice Manual builds on an older policy, reintroduced in 2025, providing that sub-regulatory guidance cannot create legal obligations or serve as the sole basis for…
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