Civil Litigation

By Attorney Chris Strohbehn During the winter in Wisconsin, snow and ice can make driving more difficult and dangerous on any roadway. However, bridges and overpasses are often some of the most dangerous locations. Milwaukee has recently seen a clear example of this in the form of an accident in which a driver lost control on a snowy overpass and fell more than 70 feet to the road below. Fortunately, the driver survived, and no other people were injured, but if you are injured in a car accident on an icy bridge, it is important for you to understand whether…
Feb. 24, 2021 – The North woods getaway called “Bibs Resort” and its red “bibs” logo was the subject of a recent 4-3 decision by the state supreme court, which ruled that ownership of the tradename and trademark in dispute transferred to a new owner. The decision in Ritter v. Farrow, 2021 WI 14 (Feb. 23, 2021), interprets the Wisconsin Condominium Ownership Act with respect to “intangible” personal property and settles a longstanding dispute on who owns the tradename and trademark in the lakeside resort. Justice Jill Karofsky wrote the majority opinion, joined by Justices Rebecca Bradley, Rebecca Dallet,…
Feb. 19, 2021 – A state appeals court has clarified a circuit court’s authority to order the use of bail money to pay restitution if the bail-related charges are later dismissed but a defendant enters a global plea deal to resolve other outstanding criminal charges. In 2016, James Jones faced criminal charges in four cases, all in Outagamie County. The cases involved possession of burglary tools, burglary, misdemeanor retail theft, and felony retail theft. Prosecutors alleged the crimes took place on different dates. In June 2016, Jones’s mother posted a $2,500 bail bond for one case, possession of burglary tools.…
The term “fraud” is used to refer to a wide variety of criminal offenses, many of which can result in serious consequences under either Wisconsin state law or federal law, depending on the circumstances. If you are facing allegations of any form of criminal fraud, you need an experienced criminal defense attorney who can provide strong representation and guidance to help you understand your options. Fraud Crimes in Wisconsin In Wisconsin, many forms of fraud are classified as crimes against property, specifically under the category of misappropriation, meaning the unlawful use of another person’s property, assets,…
By Attorney Kristen Nelson Under normal circumstances, reinstating a lapsed or expired healthcare professional license in Wisconsin can be a challenging process, with requirements often including renewal fees and late fees, and the demonstration of up-to-date education and recent work history in a position that requires the license in question. However, during the COVID-19 national health emergency, the demand for healthcare professionals has greatly increased, leading the Wisconsin government to temporarily waive some of these requirements. While the rollout of vaccinations has offered hope that the worst of the pandemic may soon be in the past, there still remains significant…
On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act of 2021. The PRO Act is supported by key members of the Senate’s leadership, including Majority Leader Chuck Schumer. The PRO Act would be the most significant labor law reform in the United States since the World War II-era Taft-Hartley Act and the 1935 Wagner Act, which created the National Labor Relations Board (“NLRB”) and first granted private sector employees the right to form and join labor organizations (“unions”). The United States House of Representatives passed an earlier version of the PRO Act…
The law firm of von Briesen & Roper, s.c. announced today the formation of their Sports Law Section. The firm’s Sports Law Section is led by Shareholder Megan L.W. Jerabek. Attorney Jerabek is a member of The Sports Lawyers Association and also serves as co-chair of the firm’s Trusts and Estates Section and a member of its tax, real estate and business sections.   von Briesen’s Sports Law Section is focused on providing legal services to athletes and coaches and is comprised of thirteen attorneys with expertise in a wide range of legal specialties often required by sports professionals. The Section…
Feb. 15, 2021 – The U.S. Court of Appeals for the Seventh Circuit has ruled that a jury must decide whether a Wisconsin police officer’s actions were objectively reasonable when he fired four shots into a vehicle, killing one of the vehicle’s occupants. East Troy Deputy Juan Ortiz fired four shots into a vehicle from 50 feet away, killing Christopher Davis. The incident occurred as part of a drug bust. Davis was a passenger in a Pontiac suspected of carrying cocaine for delivery in a restaurant parking lot. When police arrived in a marked car, the Pontiac pulled out and…
By Attorney Cameron Weitzner Domestic violence is a serious and widespread issue throughout Wisconsin and the United States, and many experts have reported that incidents and reports of domestic violence between intimate partners have increased during the COVID-19 pandemic, in part due to families spending more time in close proximity to each other. If you are facing allegations of domestic abuse, it is important to understand how Wisconsin handles these cases and what may happen if you are arrested. How Does Wisconsin Define “Domestic Abuse?” Wisconsin law includes special provisions regarding how arrests and prosecution are handled in cases…
Feb. 11, 2021 – The Wisconsin Supreme Court has unanimously upheld an operating while intoxicated (OWI) conviction, eighth offense, despite the defendant’s argument that the state did not meet its burden to prove a prior OWI conviction from 30 years ago. Alfonso Loayza was convicted of an eighth OWI offense in circuit court. But a state appeals court reversed after concluding the state did not prove, by a preponderance of the evidence, that Loayza was previously convicted for OWI in California in 1990. Because the sentences for OWI convictions vary based on the number of prior convictions, the appeals court…
By Attorney Erin Strohbehn In Wisconsin, one important matter that often must be settled during the probate process is the legal guardianship of minor children who survive their parents. While it may be difficult or uncomfortable for parents to think about this scenario, there are things that they can do during their lifetime to make this process as smooth as possible if it does become necessary. In some cases, however, the determination of guardianship may be more complicated and must be resolved through probate litigation. How Do Wisconsin Courts Appoint a Child’s Guardian? In most cases, if only one…
Ask any project manager or general contractor on a major construction project in Wisconsin how much time is spent navigating the bureaucratic maze to obtain necessary permits, complying with permit conditions, and rectifying any alleged failure to meet permit conditions, and the answers may be both surprising and disappointing. The myriad of requirements imposed by state agencies add to the regulatory burden, including environmental regulations by the Department of Natural Resources (DNR) and the Department of Agriculture, Trade and Consumer Protection (DATCP), workforce requirements by the Department of Workforce Development (DWD), and professional licensure expectations imposed by the Department of…
By Attorney Chris Strohbehn In Wisconsin, many people take advantage of the winter weather at this time of year to ride their snowmobiles. This popular hobby can be a source of enjoyment and excitement, but it can also be dangerous. Snowmobile accidents are fairly common in Wisconsin, and many result in serious injuries and even death. If you have been injured in a snowmobile accident, you should know the steps that you can take to give yourself the best chance of recovering damages. Steps to Take After a Snowmobile Crash Injury victims from snowmobile crashes have the option to pursue…
Feb. 4, 2021 – The Wisconsin Supreme Court has ruled that a jail inmate who admitted stealing another inmate’s property in a telephone call with police was not “in custody,” which would have required the officer to give a Miranda warning before questioning him. The defendant, Brian Halverson, returned a call from an officer investigating an incident at a correctional facility at which Halverson was previously housed. The officer did not give Halverson any Miranda warnings prior to initiating the conversation. Miranda warnings, such as the “right to remain silent,” are required prior to a “custodial interrogation” of someone suspected…
By Attorney Max Stephenson and Paralegal Courtney Hess Whether a child’s parents are married, divorced, or unmarried, the child is entitled to financial support from both of them. In the case of divorced or unmarried parents, this usually comes in the form of court-ordered child support that one parent pays to the other for the purpose of providing for the child’s needs. The amount ordered depends on a variety of factors, but the most important are the income of the paying parent and the placement schedule of the child or children. If a parent’s income changes after the initial…
The law firm of von Briesen & Roper, s.c. announced that two attorneys were named Client Service All-Stars 2020 by The BTI Consulting Group, Wellesley, MA. Jeffrey E. Mark is named as a BTI Client Service All-Star MVP, one of only 61 attorneys named in the MVP category for making a consecutive repeat appearance on the list. Susan E. Lovern is named as a BTI Client Service All-Star. The BTI Client Service All-Star awards are based solely on more than 350 in-depth interviews with top legal decision makers at large and Fortune 1000 organizations. BTI’s 2020 report states, “Clients identify…