Civil Litigation

Accidents involving large trucks claim the lives of nearly 70 Wisconsinites each year and leave more than 2,000 injured, many of whom are the occupants of other vehicles. The dangers of truck accidents are clear, due to the large size of the vehicles and their heavy cargo. What is not always so clear is who is at fault. If you have been injured in a collision with a semi-trailer truck, you may assume that the truck driver is your only option for pursuing compensation, but in many cases, the trucking company that employs the driver may also be liable. Trucking…
School districts continue to navigate the challenges associated with delivering educational instruction during a pandemic. Wisconsin’s status as a COVID-19 “hot spot” continues, leaving districts in the position of having to closely monitor local data and make difficult decisions, oftentimes pivoting between instructional delivery models. Many school districts have seen a rash of workplace safety grievances filed pursuant to Wis. Stat. § 66.0509(1m) by district employees or union leadership raising workplace safety concerns and, in many instances, seeking relief demanding that districts move exclusively to a virtual instruction environment. This development is disappointing, considering the extensive time, effort, expense, and…
The 2017 federal tax reform legislation included a limitation on the individual itemized deduction for state and local taxes (“SALT”). The limit is $10,000 per joint return and $5,000 per return for married taxpayers that file separately. Some high individual tax states attempted to help their taxpayers blunt the effect of this new limitation by allowing them to make charitable contributions to the state in exchange for a corresponding credit against their individual state taxes. The expectation was that individuals doing so would be able to deduct the full charitable contribution on their federal income tax returns, and thereby reduce…
By Attorney Cameron Weitzner Under Wisconsin law, battery is a criminal offense that is defined as any act that intentionally causes another person bodily harm without his or her consent. This encompasses a wide range of situations, from those involving minor injuries to the infliction of injuries with severe, permanent effects. Charges may also be different depending on the identity of the person who was injured. If you have been charged with battery, it can be difficult to know the severity of the penalties you may face based on the circumstances. An experienced defense attorney can help you understand the…
The Wisconsin Court of Appeals recently found that a continuing trespass does not create a new “event” each day that it remains on the property.  See Ebert v. Village of Gresham, 2020 WL 6278316, ¶¶ 2, 13.  Because a new event is not created each day, a claimant must file a notice of injury within 120 days after the happening of the event giving rise to the claim pursuant to Wis. Stat. § 893.80.  Id.  The court also held that only special circumstances like those in Gillen v. City of Neenah, where a specific statute conflicted with the…
By Attorney Max Stephenson For parents and children alike, one of the hardest parts of a divorce is adjusting to a life split between two households. In most cases, neither parent is able to spend the time with their kids that they did before the divorce. This can be extremely difficult on an emotional level, and it can also involve logistical challenges related to arranging schedules and transportation. You may take some solace in the fact that Wisconsin law recognizes the importance of a child’s relationship with both parents, and courts will usually make an effort to grant both parents…
By Attorney Chris Strohbehn In 2018, more pedestrians were killed in car accidents nationwide than in any year since 1990, according to the National Highway Traffic Safety Administration (NHTSA). These effects are felt close to home in Wisconsin, where more than 50 pedestrians died and more than 1,400 were injured in the same year. If you are struck by a vehicle while walking on or near the road, your injuries can be especially serious, and it is important that you know your options for pursuing compensation. Common Causes of Pedestrian Accidents A variety of factors may be involved in an…
By Attorney Max Stephenson During a Wisconsin divorce, the court may decide to award spousal maintenance or alimony payments if one of the parties has a substantial need for support or if there is a significant difference in the income, assets, or earning capacity of the two spouses. However, a person’s financial situation is ever-changing, and in the months and years following a divorce, the original reasons for granting maintenance may no longer apply. If this has happened to you, you may be able to obtain a modification to your spousal support order. Reasons for a Post-Divorce Modification of…
Adopting a child can make a huge difference in his or her life by providing a loving parent and a source of safety, support, and stability. That said, a successful adoption also requires a major commitment on the part of the parent, and that starts with making sure that you follow the appropriate legal procedures to make the adoption possible. Here are some important things to note about three common types of adoption to help you prepare for your adoption process: Wisconsin Step-Parent Adoptions If you have married someone who already has children, you may be able to proceed with…
While attending a 2017 Claims Litigation Management (CLM) Diversity and Inclusion Institute Conference in Chicago, Illinois, I attended a session titled “Diversity in Demand: What Buyers Want.” The session explored what insurance buyers, in this case Fortune 100/500 companies, are seeking from their industry service providers. Specifically, this session primarily focused on these companies’ demand for diversity and inclusion in the insurance industry based upon research showing that, when insurers have members who represent the target customers, the team was much more likely to understand customers’ needs, facilitating more effective engagement. Eric Andrews, Marquette 2012, is a senior associate with…
By Attorney Cameron Weitzner Under Wisconsin law, those who commit a criminal offense can face serious consequences. However, many offenders are able to learn from their mistakes and avoid committing repeat offenses in the future. Unfortunately, even a single conviction can result in a public criminal record that can affect your employment opportunities and other facets of your life. If you are eligible, it may be in your best interests to pursue an expungement of your conviction to minimize its impact on your future. Expungement Eligibility Criteria in Wisconsin In Wisconsin, a conviction can be expunged under the following circumstances:…
MILWAUKEE, WI – Susan E. Lovern, President and CEO of von Briesen & Roper, s.c., today announced that the intellectual property lawyers of the former Miller, Matthias & Hull LLP firm have joined the firm’s new downtown Chicago office at One North Franklin Street, Suite 2350. In addition to nine lawyers and a registered patent agent, five staff including a patent illustrator have joined the firm. Miller, Matthias & Hull LLP, was a boutique IP firm that had been focused exclusively on patent prosecution and counseling services and previously had been named a “Go-To Law Firm®”, by Corporate Counsel Magazine…
By Attorney Cameron Weitzner Wisconsin law protects people’s property by imposing criminal penalties on those who willfully damage or steal something that belongs to somebody else. In addition to theft, Wisconsin defines a wide range of different property crimes, and some come with much more serious penalties than others. If you have been arrested for criminal damage to property, you need an experienced criminal defense attorney who can help you understand the specific charges you are facing and the possible penalties if you are convicted. Understanding Types of Criminal Damage to Property In Wisconsin, some of the most common state
By Attorney Max Stephenson Dividing marital property can be one of the most difficult parts of a divorce, not only because you and your spouse may both have strong personal feelings about many of your possessions, but also because you each need sufficient assets to support yourself after the divorce. As you prepare for your divorce, you should take note of some of the assets and properties that often cause conflict so that you can make a plan to address each one. How Is Property Divided in a Wisconsin Divorce? In Wisconsin, divorcing couples are required to divide all…
MILWAUKEE, WI – von Briesen & Roper, s.c., today announced that six lawyers and one non-lawyer professional recently joined the firm in locations throughout Wisconsin. Three Eau Claire lawyers joined the firm, Mindy K. Dale, Lindsey S.M. Minser and David A. Richie. The Milwaukee office added two lawyers, Kelly L. Krause and Sumeeta A. Krishnaney. The Neenah office added one lawyer, Mmeli Obi. The Green Bay office added one non-lawyer professional, Pamela W. Schneider (CPA, JD, LL.M, CMA). Susan Lovern, President and CEO of von Briesen & Roper, said, “Our growth around the state and our new footprint in Eau…
By Attorney Chris Strohbehn and Paralegal Ruth Campos Motorcycle crashes in Wisconsin are particularly dangerous, with over 90 percent of motorcyclists who are involved in an accident suffering an injury or losing their lives. Perhaps even more astonishingly, nearly 14 percent of all vehicle accident fatalities are motorcyclists, despite the fact that they account for less than 2 percent of Wisconsin accidents. It is clear that an accident can have a severe impact on a motorcyclist’s life, and if you have been injured by another driver, it is important for you to understand how you can pursue compensation for the…