Civil Litigation

On September 13, 2021, the House Ways and Means committee released its proposals to raise revenue, including increases to individual, trust and corporate income taxes, changes to retirement plan contributions and distributions, and changes to the estate and gift tax laws. We will continue to monitor this legislation and will provide relevant updates, but wanted to highlight the proposed estate and gift tax changes that may be most crucial to your immediate planning.
Good news first: There is no
Continue Reading Disappearing Act: What You Need to Know About the Estate and Gift Tax Provisions of the House Ways and Means Committee Tax Proposals

Oct. 15, 2021­ ­– The impeachment exception to the hearsay rule does not allow the state to use a defendant’s voluntary statement, obtained in violation of
Miranda v. Arizona, during its case-in-chief, under a recent state supreme court decision.The Wisconsin Supreme Court’s 3-3
per curiam decision affirmed the Wisconsin Court of Appeals decision in

State v. Garcia
, 2020 WI App 71 (Oct. 7, 2020). Justice Brian Hagedorn withdrew from participation, which led to an equally divided
Continue Reading State Cannot Use Defendant’s Statement to Rehabilitate Witness

The loss of a job can cause a great deal of difficulty for a person and their family.  There are a variety of situations where an employee may be laid off, fired, or otherwise terminated, and in some cases, employers may violate the laws when terminating an employee.  Those who have been wrongfully terminated may be able to take legal action against their former employer, and they may recover compensation for the financial losses they have experienced.  In these
Continue Reading When Can an Employee Pursue Compensation for Wrongful Termination?

Secura Supreme Insurance Company v. The Estate of Daniel Keith Huck, 2020AP1078-FT (Ct. App. Sept. 29, 2021)
In Secura, the decedent Huck was killed by a motorist while working in the course and scope of his employment for the Village of Mt. Pleasant. After receiving the tortfeasor’s liability limits of $25,000 and worker’s compensation from the Village’s insurer, the Estate submitted a claim for underinsured motorist’s (“UIM”) coverage under Huck’s automobile insurance policy with Secura, which had limits of
Continue Reading Court of Appeals Rules UIM Limits Are Reduced Only by Worker’s Compensation Actually Received

von Briesen & Roper, s.c., today announced that four lawyers recently joined the firm: Brandon J. Conway, Jordyn A. Janikowski, Christina M. Lucchesi and Audrey R. Merkel.
Brandon J. Conway is an Associate in the Milwaukee office. Conway focuses his practice on commercial litigation, shareholder disputes and toxic torts. Conway received a J.D. from the University of Wisconsin and a B.A. from St. Louis University. He resides in Milwaukee.
Jordyn A. Janikowski is an Associate in the Milwaukee office.
Continue Reading von Briesen & Roper, s.c. Welcomes Four Attorneys

Oct. 14, 2021 – The Court o​f Appeals District IV has reversed a circuit court ruling that a police officer illegally extended a traffic stop to administer field s​obriety tests because he didn’t observe the driver driving, behaving or talking suspiciously.In
State v. Adell, 2020AP2135-CR (Sept. 16, 2021), the court used a six-factor analysis to assess the validity of the police officer’s decision to extend the traffic stop. The court’s analysis of the factors was governed
Continue Reading Court of Appeals: Odor, Officer’s Training, Prior Convictions Enough to Extend Traffic Stop

 Oct. 14, 2021 – The Wisconsin Supreme Court has issued another extension of a temporary order that allows court reporters to take depositions remotely. The original order was prompted by the pandemic and was issued on March 24, 2020. In that order, the supreme court determined that a court reporter taking a deposition in Wisconsin is not required to be in the physical presence of a witness to administer an oath for a deposition upon oral examination under Wis.
Continue Reading Wisconsin Supreme Court Extends Order That Allows Remote Depositions

By: Attorney Jaclyn Kallie
Many employees encounter employment law issues involving a current or former employer, and these issues may affect their ability to find new job opportunities or earn income based on their skills and experience.  Employees are often asked to sign non-compete or non-solicitation agreements as part of an employment contract or severance package.  Before signing these agreements, employees should be sure to understand the types of restrictions that may be placed on them and whether an
Continue Reading When Are Non-Compete and Non-Solicitation Agreements Enforceable in Wisconsin?

Oct. 7, 2021 – A state appeals court has ruled that a restrictive covenant prohibits Door County landowners from converting their parcel into three, single-family units, concluding that the condominium declaration was an improper land division.

The dispute arose in September 2019. Cottage Row Properties, LLC filed an application for a minor land division with Door County for a 7.44-acre tract that fronted Green Bay. Steven Kane and his wife Jacqueline Kane are the only two members of the
Continue Reading Appeals Court Says Condo Plan Divides Land, Violates Restrictive Covenant

​Oct. 6, 2021 – The First Amendment does not prohibit Congress from excluding businesses that offer live adult entertainment from the second round of the Paycheck Protection Program (PPP), the U. S. Court of Appeals for the Seventh Circuit has ruled.In Camelot Banquet Rooms, Inc., et al., v. U.S. Small Business Association, No. 21-2589 (Sept. 15, 2021), a three-judge panel ruled unanimously that when Congress used the term “prurient” to identify a category of business excluded from participating
Continue Reading Seventh Circuit Upholds Congressional Exclusion of Adult Businesses from PPP

At the close of summer, the Wisconsin Court of Appeals rejected an insurance company’s attempt to “double dip” and reduce its underinsured motorist (“UIM”) coverage responsibility to an insured based on a liability payment made to another insured.[1]
The case arose from an automobile accident that caused the death of Michael Shimeta and serious injuries to his passenger, Terry Scheer. The responsible tortfeasor’s liability insurance policy provided for a $250,000 per-person limit and a $500,000 per-accident limit. Because the
Continue Reading Wisconsin Court of Appeals Rejects Attempted Underinsured Motorist Double Dip

By: Attorney Jaclyn Kallie
Being laid off or terminated by an employer can cause significant difficulties for an employee.  The loss of income may affect a person’s ability to provide for themselves and their family.  A terminated employee may also be concerned about the loss of medical insurance or other benefits.  Fortunately, some employers offer severance packages to employees who are being terminated.  These packages may include severance pay or the extension of benefits while a person is searching
Continue Reading What Employees Need to Know When Negotiating Severance Packages

By: Attorney Max Stephenson and Paralegal Courtney Hess
Since 2014, same-sex marriage has been legal in Wisconsin, and LGBTQ couples have the same rights as opposite-sex husbands and wives. These rights also extend to divorce, and if a same-sex couple chooses to end their marriage, each spouse’s rights will be protected when addressing issues such as property division and spousal support. Same-sex parents will also usually have the right to share child custody. However, there are
Continue Reading How Is Child Custody Addressed in a Same-Sex Divorce?

On September 9, 2021, President Biden issued his “Path Out of the Pandemic” COVID Action Plan (the “Plan”), which, among other mandates, calls upon the Occupational Safety and Health Administration (“OSHA”) to create and issue Emergency Temporary Standards requiring employers with 100 or more employees to require either COVID vaccinations or weekly COVID testing for unvaccinated workers, as well as to provide paid time off for employee vaccinations or to recover from receiving the vaccination.
The Plan also requires
Continue Reading President Biden COVID-19 Action Plan Calls for Vaccine Mandates and Other COVID-19 Safety Measures

When a person creates a last will and testament, they will make decisions about what should be done with their property and assets after their death. A person may choose to divide their assets among their loved ones, including their spouse, children, or other family members, and they may also specify that money or assets should be donated to charity or used for other purposes. In some cases, a person who expected to receive an inheritance may find
Continue Reading What Are My Options if I Was Excluded from a Loved One’s Will?

There are multiple types of trusts that can help protect assets. When a trust is created, assets will be placed in the control of a trustee, who will ensure that money or property will be properly distributed to the beneficiaries named in the trust. However, disputes can sometimes arise between the beneficiaries of a trust and the trustee. In these cases, beneficiaries will need to understand their legal options, including whether they can pursue litigation and what remedies may
Continue Reading When Can Beneficiaries Pursue Trust Litigation Against a Trustee?