Civil Litigation

By: Attorney Kristen Nelson
Doctors, nurses, therapists, and other health care professionals work extremely hard to obtain their professional licenses. Between schooling, practical training, and undergoing background checks or even enduring questions about mental health, it is not easy to get a professional license in the health care industry. Losing a license can be devastating, and it can happen for a number of reasons. Both criminal charges, whether or not they are related to your work, and some civil
Continue Reading Top Reasons Wisconsin Healthcare Professionals Lose Their Licenses

On January 13, 2022, the Supreme Court of the United States (“Supreme Court”) issued a Stay on the implementation of the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) which required private sector employers with 100 or more employees to implement a COVID-19 policy under which employees were to either become vaccinated, or undergo weekly COVID-19 testing (demonstrating a negative test result) and wear a face covering.
The Supreme Court’s DecisionThe Supreme Court stayed the OSHA ETS,
Continue Reading Supreme Court Stays OSHA’s ETS Mandatory COVID-19 Vaccination/Testing Requirement

Jan. 14, 2022 – T​he state Department of Public Instruction (DPI) impermissibly inquired into religious doctrine in determining that two private schools in Washington County were affiliated with the Roman Catholic Church, the U.S. Court of Appeals for the Seventh Circuit has ruled.In

St. Augustine School v. Underly, 2021 WL 5998534 (Dec. 20, 2021), a three-judge panel held that by relying on a profession of Catholic affiliation on one of the school’s websites, DPI violated the First Amendment’s
Continue Reading Reliance on Label ‘Catholic’ to Find Schools’ Attendance Areas Overlapped Was Unconstitutional

Jan. 14, 2022 – A Wisconsin appellate court has ruled that a prosecutor who repeatedly argued that a victim’s testimony was “uncorroborated” violated the constitutional right of a criminal defendant who did not testify during the trial.In

State v. Hoyle, 2020AP187-CR, (Jan. 11, 2022), the Court of Appeals District III held that the multiple mentions of the uncorroborated testimony constituted improper references to the defendant’s decision not to testify and violated his Fifth Amendment right against self-incrimination.‘Someone is
Continue Reading Mention of ‘Uncorroborated’ Testimony Violated Defendant’s Right Against Self Incrimination

Jan. 14, 2022 – A presumption against granting custody to an abusive parent can only be overcome with proof that the parent has completed treatment for batterers from a certified program or from a certified provider, the Wisconsin Court of Appeals has ruled.In

Valadez v. Valadez, 2020AP1006 (Dec. 29, 2021), the Court of Appeals District II held that a circuit court erred in concluding that an abusive parent had overcome the presumption against granting him custody by completing
Continue Reading Court Erred by Ruling That Non-Certified Treatment Overcame Custody Presumption

Slip and fall accidents are one of the leading causes of personal injury in the winter. Sometimes, these accidents are the unavoidable result of harsh weather conditions. Other times, it is someone’s carelessness that leads others to fall and get hurt. Many slips and falls are entirely preventable when property owners and business operators use reasonable care to keep those on their premises safe. A number of careless practices when it comes to managing winter weather conditions can make
Continue Reading Legal Options After a Winter Slip and Fall Accident in Wisconsin

Jan. 12, 2022 – The Wisconsin Supreme Court will hear oral arguments on a lawsuit filed over the decennial re-drawing of the state’s congressional and legislative districts at 9 a.m. Wednesday, Jan. 19. The date and time were set in an order issued on Jan. 11.​
Redistricting must take place every 10 years to account for shifts in population, and comply with other federal and state laws. The Republican-controlled Wisconsin Legislature drew new maps after the 2020 census, but
Continue Reading Wisconsin Supreme Court Will Hear Arguments in Redistricting Lawsuit on Jan. 19

Jan 12, 2022 – A company that repossessed a car from an apartment building garage violated the Wisconsin Consumer Act (WCA), the Wisconsin Supreme C​​​ourt has ruled.

In Duncan v. Asset Recovery Specialists, Inc., 2019AP1365, (Jan. 06, 2022) the supreme court held that for purposes of the WCA’s prohibition against a creditor entering a residential dwelling to repossess collateral or leased goods, the garage was included within the term “dwelling used by the customer as a residence.”
The decision
Continue Reading Company Violated Consumer Protection Law by Repo’ing Car From Attached Apartment Garage

Jan. 5, 2021 – Two retired Milwaukee police officers who were rehired by the city lost the right to begin receiving retirement benefits at age 57, the Wisconsin Court of Appeals has ruled.
In Miller v. City of Milwaukee, 2020AP1346 (Dec. 28, 2021), the Court of Appeals District I held that because they were rehired as general employees, the two former police officers were entitled to begin receiving retirement benefits at the age of 60.
Re-hired After Retirement
Continue Reading Re-hiring Changed Minimum Retirement Age for Retired Milwaukee Police Officers

The U.S. Centers for Disease Control and Prevention (“CDC”) on Monday, December 27, 2021, updated its guidance on COVID-19 safety protocols for vaccinated, unvaccinated, exposed and positive tested persons. The updates are effective immediately and may help employers address the coordination of staffing and return to work obligations. While vaccination and booster status remains central to employee opportunities for return to work, there is a symmetry occurring that helps to manage the health risk with new data on COVID-19.
Continue Reading COVID-19 von Briesen Task Force Resource: CDC Revises COVID-19 Isolation and Quarantine Guidelines

 Dec. 28, 2021 – A state appeals court has ruled that a trace amount of heroin found on a defendant provides a basis for the offense of narcotics possession, because a jury could have reasonably inferred from compelling circumstantial evidence of recent drug use that the defendant knowingly possessed the heroin.In

State v. Chentis, 2020AP1699-CR (Dec 1, 2021), the Court of Appeals District II held that Nakyta. T. Chentis had failed to demonstrate that withdrawing his plea to
Continue Reading Circumstantial Evidence Means Trace Amount of Heroin Is Sufficient to Sustain Conviction

Dec. 28, 2021 – The decision of an administrative law judge (ALJ) that the Wisconsin Department of Natural Resources (DNR) failed to comply with state law in issuing permits for a frac sand facility was supported by substantial evidence, the Wisconsin Court of Appeals has ruled.  In Meteor Timber, LLC v. Wisconsin Division of Hearings, 2020AP1869 (Dec. 16, 2021), the Court of Appeals District IV upheld the ALJ’s reversal of the DNR’s decision to issue the permits.  Mining
Continue Reading Appeals Court Upholds ALJ’s Decision Denying Permit for Frac Sand Facility

 Dec. 28, 2021 – The Wisconsin Court of Appeals has certified an appeal over a victims’ rights ballot measure adopted last year to the Wisconsin Supreme Court.In Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, 2020AP2003 (Dec. 21, 2021), a three-judge panel held that certifying the appeal to the supreme court was necessary to clarify the central question raised by the appeal: whether the ballot question submitting the measure to voters was legally insufficient.In its certification, the court
Continue Reading Court of Appeals Sends Challenge to Victim Rights Measure to Supreme Court

 Dec 28, 2021 – State law does not grant a municipality the right to file a writ of certiorari challenging a board of review’s property tax assessment, the Wisconsin Supreme Court has ruled.In City of Waukesha v. City of Waukesha Board of Review, 2019AP1479 (Dec. 22, 2021) the supreme court unanimously held that the statute that allows a party to file a writ of certiorari to challenge a property tax assessment grants that right only to taxpayers.Listing Prompted
Continue Reading City May Not File Certorari to Challenge Tax Assessment, Supreme Court Rules

By: Attorney Jaclyn Kallie
The winters in Wisconsin can be brutal. Extremely cold temperatures and major storms involving snow, ice, and strong winds can affect people’s lives in multiple ways, and these issues can also have an impact on construction projects. In cases where winter weather resulted in delays or other issues that caused one or more parties to experience financial losses, construction litigation may be necessary. For those who are looking to recover losses or who need to
Continue Reading Can Construction Litigation Address Issues Relate to Winter Weather?

During the winter, the roads in Wisconsin and throughout the United States can become very dangerous. Storms may cause snow to accumulate on roads and highways, and cold temperatures may cause ice to form. These conditions can make roads very slick, and drivers will be much more likely to lose control of their vehicles and become involved in collisions. These issues are especially dangerous for large trucks and commercial vehicles, and truck drivers will need to take extra care
Continue Reading Who Is Liable for Truck Accidents Involving Snow or Ice?