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May 20, 2025

Much as I would prefer any other topic for my column this month, the arrest of Judge Hannah Dugan was the biggest story in local law in, well, forever.

In the event you’ve been living under a rock, Milwaukee County Circuit Court Judge Hannah Dugan was arrested April 25 at the courthouse on charges of helping a defendant, Eduardo Flores-Ruiz, who had a case in her courtroom, evade immigration authorities who had a warrant for his…
Continue Reading Weighing the consequences of Judge Dugan’s arrest

May 19, 2025 – A Wisconsin Department of Natural Resources (DNR) permit did not need to require supplementary battery storage for a new natural gas-fired electric generating plant, the Wisconsin Court of Appeals decided Thursday in
Sierra Club v. DNR, No. 2024AP673 (May 15, 2025). The court remanded the permit to DNR because part of the permit’s basis comes from the agency’s Background Concentration Protocol, which the court held was an unpromulgated rule – created outside the required…
Continue Reading Court of Appeals: Gas-Fired Power Plant Rule Requires Remand

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On April 24, 2025, the U.S. Court of Appeals for the Seventh Circuit (the “Seventh Circuit” or “Court”) affirmed summary judgment in Partin v. Baptist Healthcare Sys., Inc., applying the McDonnell Douglas burden-shifting framework to Emergency Medical Treatment and Active Labor Act (“EMTALA”) retaliation claims.
Case Background
Plaintiff Dr. William Partin (“Partin”) was an employee of Floyd Associates (“Floyd”), a medical staffing company with whom Baptist Healthcare System, Inc. (“Baptist”) contracted for emergency department medical personnel. Partin resigned…
Continue Reading Emergency Physician Loses Appeal on EMTALA Retaliation Claim

This article first appeared in On Balance, the membership magazine of the Wisconsin Institute of CPAs, and is used with their permission.

In early January, the incoming U.S. presidential administration loudly signaled that businesses should expect changes in trade policies in 2025. Although no specific policies had yet been promulgated, then President-elect Trump stated in social media outlets that broad sweeping import tariffs may be imposed on goods from Mexico, Canada and China. As of May 15, many new…
Continue Reading Taking Stock of Trade Issues

May 13, 2025 – Three victims of a violent 2015 hostage-taking in Neenah recently lost their Fourth Amendment claims before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, in Moderson v. City of Neenah, No. 23-2843 (May 9, 2025).

In a decision written by Circuit Judge Candace Jackson-Akiwumi and joined by Judges Frank H. Easterbrook and Ilana Diamond Rovner, the dangerous crime scene made brief seizures reasonable even when two victims were handcuffed…
Continue Reading Seventh Circuit Court of Appeals: Rough Handling Not Wrongful Seizure

Summer is a Prime Time for Injuries from Negligence
 Posted on May 08, 2025 in Personal InjuryThe long days of summer are meant to be enjoyed. Wisconsin’s many lakes, backyard barbecues, road trips, and outdoor recreation are all some of the best parts of summer. But these warm-weather activities also come with heightened risks.
Each summer, emergency rooms across Wisconsin see a sharp rise in serious injuries caused by negligent behavior. From poolside accidents to high-speed recreational…
Continue Reading Summer is a Prime Time for Injuries from Negligence

May 2, 2025 – The partial veto power extends to allow Gov. Tony Evers to change a biennial budget provision to last 402 years, a 4-3 majority of the Wisconsin Supreme Court recently held in LeMieux v. Evers, 2025 WI 12.

The dissent found this partial veto problem greater than the acts of the current governor – 49 years of supreme court decisions strayed from the constitution, necessitating correction.

Revenue Increase Through 2425

In the 2023-25 biennial budget,…
Continue Reading Constitution Allows Partial Veto Fixing Biennial Budget Increase for 402 Years

State v. Colin R. Dowling, 2024AP524, 5/1/25, District IV (1-judge decision, ineligible for publication); case activity

The COA found sufficient evidence to sustain Colin Dowling’s civil forfeiture obligation for impeding traffic by driving at a slow speed.  Although Dowling argued that there were no reasonable alternatives to slowing down his Tesla to preserve its battery, the COA concluded contacting roadside assistance was a safer alternative than driving 45 miles per hour on an interstate highway where the speed…
Continue Reading COA finds preserving electric vehicle’s battery no defense for driving too slowly on the expressway

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Posted on April 29, 2025 in Medical License Defense
Being convicted of a serious crime — especially a white-collar or high-profile offense — is not necessarily the end of the road. In Wisconsin, the law provides the opportunity to challenge a criminal conviction through the appeals process. Whether the issue involves procedural errors, improper jury instructions, or newly discovered evidence, a successful appeal can mean the difference between years behind bars and full exoneration.

At Gimbel, Reilly, Guerin…
Continue Reading What is the Criminal Appeals Process in Wisconsin? 

Attorney Jessica Mederson presents on construction law and resiliency measures amid a changing climate
On Thursday, May 1, Attorney Jessica C. Mederson will give a “Strategies for Incorporating Energy Resiliency and Climate Change into Construction Projects and Contracts” presentation at Centro Hispano of Dane County. Part of the daylong Construction Law Update: Current Trends in Sustainability and Finance hosted by the State Bar of Wisconsin, Jessica will present to a Madison-area audience of construction, sustainability, community, and legal…
Continue Reading Attorney Jessica Mederson Presents on Energy Resiliency in Construction Law

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April 24, 2025 – After an employer had police investigate possible theft by employees, the employees’ subsequent discharge violated the Wisconsin Fair Employment Act’s (WFEA) prohibitions against termination discrimination because of an arrest record, a 5-2 supreme court majority decided April 10 in

Oconomowoc Area School District v. Cota, 2025 WI 11.

Three justices didn’t like that result. Justice Janet C. Protasiewicz’s concurrence said this “strange result” required legislative revision of the WFEA.

Chief Justice Annette Kingsland Ziegler’s…
Continue Reading Suspicious District Faulted for WFEA Firing Violation

Hazan Sports Management Group (HSM), led by NBPA-certified agent Daniel Hazan, has filed a breach of contract suit against its former client Malik Beasley in the U.S. District Court for the Southern District of New York. Beasley, the Detroit Pistons star and finalist for the NBA’s Sixth Man of the Year award, signed an NBPA Standard Player Agent Contract (“SPAC”) with HSM in 2023 to serve as his on-court player agent. The parties also signed an exclusive marketing representation…
Continue Reading Pistons Star Malik Beasley Sued by Former Agent

von Briesen & Roper, s.c., announced today that attorneys Nicholas S. Cerwin and Taylor A. Van Zeeland have joined the firm’s Milwaukee office.
Nicholas S. Cerwin is a Shareholder in the Government Law Group and Real Estate Section. Cerwin focuses his practice on governance issues, municipal licensing, public policy, and a wide range of law enforcement matters. Prior to joining von Briesen, he served as Deputy City Attorney for the City of West Allis and as Assistant District Attorney for…
Continue Reading von Briesen Welcomes Nicholas Cerwin and Taylor Van Zeeland

April 9, 2025 – The Wisconsin Supreme Court became the ultimate referee Tuesday in deciding 5-2 in Halter v. Wisconsin Interscholastic Athletic Association (WIAA), 2025 WI 10 that the WIAA acted reasonably in suspending high school wrestler Hayden Halter for unsportsmanlike conduct.

However, four justices didn’t think the case fit the supreme court’s docket. Justice Janet C. Protasiewicz, joined by Justice Jill J. Karofsky, concurred with the majority but concluded that the WIAA, a private, contractual organization, was not…
Continue Reading Wisconsin Supreme Court Denies Wrestler's Suspension Challenge

In United States ex rel. Feliciano v. Ardoin, a pro se relator filed a qui tam action under the False Claims Act (“FCA”). On February 4, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s dismissal ruling that a pro se litigant cannot allege violations of the FCA. In doing so, the Court joined every other court of appeals to have addressed the question.
Background
The FCA, codified at 31 U.S.C. §§ 3729-3733, empowers…
Continue Reading D.C. Court of Appeals Joins Prohibition on Pro Se Pursuit of FCA Claims

GRGB Gets Proven Results in High-Profile and High-Stakes Criminal Cases
 Posted on April 07, 2025 in Criminal DefenseWhen someone is facing criminal charges — especially charges that threaten their freedom, reputation, and future — choosing the right attorney becomes the most important decision that person will make in their life.
At Gimbel, Reilly, Guerin & Brown, LLP, our criminal defense team has earned a reputation in Milwaukee and throughout Wisconsin for handling some of the most serious…
Continue Reading GRGB Gets Proven Results in High-Profile and High-Stakes Criminal Cases