Civil Litigation

A process server or sheriff knocks on your door, or shows up at work, and serves you with a subpoena. It’s not something that happens often, so how do you respond?

The easiest and most efficient way to respond to service of a subpoena is to call a lawyer. They can advise you on the legality of the subpoena and advise if there are any options for responding. Some of the things the attorney can advise on are: Was
Continue Reading ‘You’ve Been Served’ – Responding after Service of a Subpoena

Jan. 28, 2025 – Although a legal issue remained in the future, an order in a divorce case was final – killing the ex-husband’s appeal because it arrived too late – allowing the Wisconsin Supreme Court to reiterate the standards for finality critical for appeal deadlines.

A 4-2 majority denied the ex-husband’s appeal in Morway v. Morway, 2025 WI 3 (Jan. 22, 2025). Chief Justice Annette Kingsland Ziegler did not participate in the case.

Although Justice Rebecca Frank
Continue Reading Appeal Denied: The Finality of Orders at Issue in Post-Divorce Case

Jan. 27, 2025 – In Wisconsin Voter Alliance (WVA) v. Secord, 2025 WI 2 (Jan. 17, 2025), a 5-2 majority reversed and remanded a District II Wisconsin Court of Appeals decision because it violated the prohibition defined in Cook v. Cook, 208 Wis. 2d 166 (1997), which held that the court of appeals cannot reverse its own decisions.

The supreme court did not decide the merits: whether state public records law requires release of Notice of Voting
Continue Reading Supreme Court: Appeals Court Wrongfully Overruled Precedent in Public Records Case

By a 5-2 vote, on January 17, 2025, the Wisconsin Supreme Court vacated a District II Court of Appeals decision holding that county registers in probate must provide, in response to requests under Wisconsin’s public records law, copies of Notice of Voting Eligibility (“NVE”) forms—court records relating to determinations of the competency of individuals to vote that are otherwise sealed from the public and protected from disclosure by Wisconsin law.  In Wisconsin Voter Alliance v. Secord, 2025 WI 2,
Continue Reading Wisconsin Supreme Court Preserves Privacy Protections for Court Records of Voters Subject to Guardianships, Affirms Unified Nature of Court of Appeals

Think Your Spouse is Lying About Their Income? Protect Yourself in Your Divorce
 Posted on January 21, 2025 in DivorceOne of the biggest issues that will be determined in a divorce is the division of assets between spouses. For this reason, having accurate and truthful information about your spouse’s income and the rest of their assets is vital to ensuring that you receive a fair share according to the terms of the law.
If your spouse is
Continue Reading Think Your Spouse is Lying About Their Income? Protect Yourself in Your Divorce

Charged with Healthcare Fraud in Wisconsin? You Need a Lawyer
 Posted on January 13, 2025 in White Collar Crimes
If you are a healthcare provider, a charge of healthcare fraud can have serious implications. Not only do you face potential criminal penalties such as jail time and fines, but the accusation can threaten your livelihood and reputation. If convicted of healthcare fraud, you could be excluded from participating in federal healthcare programs and even lose your license to practice
Continue Reading Charged with Healthcare Fraud in Wisconsin? You Need a Lawyer

Cincinnati Insurance Company v. James Ropicky, et al., No. 2023AP588, 2024 WL 5220615 (Wis. Ct. App. Dec. 26, 2024)

On December 26, 2024, the Court of Appeals of Wisconsin issued is decision in Cincinnati Insurance Company v. James Ropicky, et al., No. 2023AP588, 2024 WL 5220615 (Wis. Ct. App. Dec. 26, 2024), addressing whether an ensuing cause of loss exception to a Construction Defect Exclusion, Fungi Exclusion, and Fungi Additional Coverage endorsement contained in a homeowner’s insurance policy issued
Continue Reading Wisconsin Appellate Court Interprets Construction Defect Exclusion and Fungi Exclusion

Jan. 9, 2025 – A required psychological report filed less than 48 hours before a final hearing for involuntary commitment stripped the circuit court of competency because it deprived the person to be committed of due process, the Wisconsin Court of Appeals recently decided in Outagamie County v. M.J.B., 2024 AP 250. Circuit courts have subject matter jurisdiction under the Wisconsin Constitution, but a circuit court may not be competent to hear a case if it fails to
Continue Reading Appeals Court: Circuit Court Lost Competency in Final Hearing for Involuntary Commitment After Required Report Arrived Late

A recent appellate court opinion out of New Jersey, McGinty v. Zheng (Sept. 20, 2024), which addressed issues surrounding arbitration agreements in the context of personal injury claims, sparked my interest.

The McGinty case is a pivotal example of how courts are interpreting arbitration agreements in the digital age, and serves as a significant reminder for lawyers about the enforceability of arbitration clauses and the implications of user agreements in digital platforms.

Teresa Kobelt, U.W. 1988, is an
Continue Reading A New Jersey Case and the Insidiousness of Arbitration Agreements

Dec. 30, 2024 – Attorney General Josh Kaul violated two provisions of controversial 2017 Act 369, the Wisconsin Court of Appeals, District II decided 2-1 in another case implicating separation of powers between the legislative and executive branches.

The Legislature passed and outgoing Gov. Scott Walker signed Act 369 shortly after the November 2018 election changed the balance of power in Madison, requiring the attorney general to “deposit all settlement funds into the general fund.” Prior to that, the
Continue Reading Appeals Court: Attorney General Must Comply with Legislative Limits on Wisconsin Department of Justice (DOJ) Settlements

Policyholders nationwide are frustrated with the insurance industry in general. The recent murder of one of the nation’s largest healthcare insurers by a disgruntled policyholder is just one glaring example.[1] Or consider the 26.4% premium increase homeowners across the country experienced over the past three years on average.[2] Here in Wisconsin, homeowners saw their premiums jump 21.4% on average since 2018. While policyholder dissatisfaction is certainly expected in the wake of national headlines and skyrocketing premiums, it
Continue Reading Climate Change: Are Insurers Really ‘Covering Less’?

Brian M. Cooley is an attorney in Meissner Tierney’s transactional practice group. Brian advises clients in the areas of business organization, business and corporate transactions, mergers and acquisitions, and real estate.
Where are you from?

I was born in California and raised in North Carolina and Texas before settling in Wisconsin in 1999. I currently live in Menomonee Falls.
What was your first job?

I did IT Support and light graphics work for a small television production company.
Do
Continue Reading Attorney Spotlight – Brian M. Cooley

Car accidents can be stressful, and understanding how fault is determined helps make the process smoother. In Wisconsin, fault plays a crucial role in how damages are assigned after an accident. The state uses a specific system to assess each driver’s responsibility. Knowing how this works can help you better handle the aftermath of a collision.
Wisconsin’s comparative negligence rule
Wisconsin uses a comparative negligence system to determine fault in car accidents. This means each driver’s responsibility for the
Continue Reading How does Wisconsin determine fault in a car accident?

Are Accusations of Domestic Battery Public?
 Posted on December 16, 2024 in Criminal Defense
If you have been accused of domestic battery, you may be concerned not only about the serious criminal penalties you may face, but also about the potential implications for your life and career if the accusations become public. The potential personal, reputational, and financial consequences of a domestic battery charge becoming public information are significant, especially if the accusations are false. That is why it
Continue Reading Are Accusations of Domestic Battery Public? 


Dec. 13, 2024 – A restitution award was appropriate even though more than half the defendant’s income came from Social Security Disability Income (SSDI), the Wisconsin Court of Appeals District II recently ruled in
State v. Joling, 2023AP1023-CR (Dec. 11, 2024). Under 42 U.S.C. section 407(a), money paid from Social Security shall not be “subject to execution, levy, attachment, garnishment, or other legal process.” Eric J. Joling pleaded no contest to one count of OWI (fifth offense)
Continue Reading Appeals Court: Social Security Income Did Not Preclude Restitution Award

The National Weather Service is
predicting higher than average precipitation this winter for the entire northern tier of the continental U.S. If that prediction is correct, there will be more snowplows than usual this winter season on the 115,000 miles of roads in Wisconsin. ​
Snowplows exist for the sole purpose of making the roads safer for travel. But for several reasons, driving in their vicinity presents a risk of hazards far greater than those inherent in typical everyday
Continue Reading Snowplow Accident Cases: Proceed with Caution