Civil Litigation

On December 29, 2022, the United States Court of Appeals for the Ninth Circuit held that a Washington principal violated a middle school teacher’s free speech rights by threatening discipline, if the teacher continued wearing a “Make America Great Again” (“MAGA”) hat to staff training sessions. The Court found no evidence that the teacher caused any actual disruption by repeatedly bringing or wearing the hat to teacher-only trainings. The decision can be found here.
BackgroundA teacher repeatedly brought
Continue Reading No Cap!: Ninth Circuit Holds MAGA Hat is Free Speech

Jan. 27, 2023 – A county jail inmate sexually assaulted by a guard who was disciplined but not fired for previous fraternization with inmates failed to show that the county’s conduct was the moving force behind the assault, the Wisconsin Supreme Court has ruled.In Slabey v. Dunn County, 2023 WI 2 (Jan. 18, 2023), the supreme court specifically held (5-2) that the inmate did not meet the standard for a constitutional tort, under 42 U.S. Code section 1983,
Continue Reading Failure to Fire Guard Who Later Assaulted Inmate Not Sufficient for Section 1983

Jan. 27, 2023 – A defendant whose attorney failed to contact two alibi witnesses is entitled to a hearing on his claim for ineffective assistance of counsel, the Wisconsin Supreme Court has ruled.In State v. Jackson, 2023 WI 3 (Jan. 20, 2023), the supreme court unanimously held that testimony of the alibi witnesses, if true, would meet the standard for an ineffective assistance of counsel claim.Justice Rebecca Dallet wrote the unanimous (6-0). Justice Patience Roggensack did not participate.Upstairs
Continue Reading Failure to Contact Alibi Witnesses Entitles Defendant to Machner Hearing

 By: Attorney Megan Drury and Paralegal Ali Jaeger
Going through a divorce is one of the most difficult experiences that anyone can endure. There are a variety of issues that will need to be addressed by divorcing spouses, and conflicts can often arise as a couple determines how to handle ownership of their marital property. Dividing assets is rarely easy, but it can become even more complex when one or both spouses own a business. There are several different
Continue Reading What Are the Options for Dividing Business Interests in a Divorce?

Jan. 20, 2023 – A workers’ compensation settlement agreement that required $400,000 to be paid to a law firm’s trust account created an express trust for the claimant’s medical creditors, the U.S. Court of Appeals for the Seventh Circuit has ruled.In Ryan v. Prpa, No. 22-1536 (Dec. 19, 2022), the Seventh Circuit also held that a provision of state law did not exempt the $400,000 from the bankruptcy estate of the workers’ compensation claimant.Workers’ Compensation Case SettlesAfter filing
Continue Reading Award under Workers’ Compensation Agreement Part of Bankruptcy Estate

​Jan. 20, 2023 – A prosecutor’s withholding of a child abuse report from a defendant did not violate the constitutional rule established by the U.S. Supreme Court in
Brady v. Maryland, because the report contained the same information as a sheriff’s report that was turned over to the defendant, the Wisconsin Supreme Court has unanimously ruled.
State v. Hineman,2023 WI 1 (Jan. 10, 2023) the supreme court also held that the identity of the person who was
Continue Reading Duplicative Child Abuse Report Not Material Under Brady

We believe a lot of people think of Medicare like the funny uncle who shows up for the holidays and all you want to do is avoid him. But avoiding the funny uncle … aka Medicare … won’t keep him away from the plate of latkes or the Christmas fruitcake, and he’ll just try harder to get your attention if you don’t deal with him up front. So if you say your polite hellos and talk about the weather
Continue Reading New Year’s Resolution: Stay Out of Medicare’s Crosshairs

By: Attorney Jason Luczak
Here at Gimbel, Reilly, Guerin & Brown LLP, our attorneys provide representation for clients in multiple types of legal matters, including family law, business law, civil litigation, criminal defense, personal injury, and much more.  We regularly publish blogs covering a variety of topics related to these legal fields, and we strive to keep our clients and the readers of our blog updated on legal developments and issues that can affect
Continue Reading Our Top 10 Blogs for 2022 Covered Criminal Cases, Weapons Charges, and More

Health care compliance programs must be dynamic in order to enhance their effectiveness. This dynamic aspect requires that compliance professionals be on top of recent government pronouncements and enforcement trends so that they can adjust and fine-tune their programs to incorporate and address developments and trends that impact their organization. This Legal Update focuses on key 2022 pronouncements from the government, including recent guidance from the Department of Health and Human Services (“HHS”), HHS’s Office of the Inspector General
Continue Reading What Compliance Officers Need to Know Going Into 2023

On January 2, 2023, during a National Football League game involving the Buffalo Bills and Cincinnati Bengals, Bills’ safety Damar Hamlin collapsed from an apparent cardiac arrest. Thankfully, numerous medical personnel were able to respond and render care to Mr. Hamlin. The incident was frightening—fellow players and spectators prayed for his survival while medical personnel worked feverously to keep his heart beating. The collateral impact of this incident on the reputations of the NFL, the Bengals and Bills, their
Continue Reading School Safety: Adolescent Athletes & Cardiac Arrest

Business owners have multiple options during the business formation process as they determine how a company should be structured. In many cases, structuring a business as a limited liability company (LLC) can provide advantages, since this type of structure will shield business owners from being personally liable for business debts while providing them with flexibility as they determine how to manage and operate their business. However, it is important for LLC owners to understand the laws that may affect
Continue Reading How Will Wisconsin’s New LLC Law Affect Businesses?

On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking that would prohibit the use by employers of non-compete clauses, agreement terms that have the effect of imposing a non-competition obligation and would preempt all state laws that provide less protection than the proposed rule. This change would require the undoing of existing restrictive provisions with employees, with notice of the relief from compliance (with certain limited exceptions in business purchase agreements).
The proposed
Continue Reading Federal Trade Commission Issues Proposed Rule to Ban Non-Compete Agreements

In December 2022, the Wisconsin Natural Resources Board (NRB), the board that establishes policy for the Wisconsin Department of Natural Resources (WDNR), voted to allow the WDNR to move forward with developing regulatory standards for per- and polyfluorolalkyl substances (PFAS) in groundwater.
It is anticipated that the WDNR’s process of gathering data, researching safe concentrations of PFAS, and adopting groundwater regulatory standards to be incorporated into Wisc. Admin. Code Section NR 140 could require as much as one to
Continue Reading The Wisconsin Natural Resources Board Votes to Allow WDNR to Develop PFAS Regulations for Groundwater

The state of Wisconsin provides residents and visitors with many opportunities to enjoy the outdoors during the winter, including skiing or snowboarding at a variety of ski areas and resorts. However, these activities can be dangerous, and accidents can occur that may result in serious injuries. In these situations, injury victims may wonder whether someone else was at fault for the harm they have suffered and whether they can file a lawsuit against a ski area or another liable
Continue Reading Can I File a Lawsuit for a Wisconsin Skiing or Snowboarding Injury?

On December 15, 2022, the U.S. Environmental Protection Agency (EPA) provided notice of a Final Rule approving the use of the American Society for Testing & Materials (ASTM) “E1527-21 – Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ESA).” The goal of an ASTM E1527 Phase I ESA is to identify the confirmed presence, likely presence or a material threat of the presence of hazardous substances or petroleum products at a real property, also known
Continue Reading EPA Approves Use of the ASTM E1527-21 Standard Practice for Phase I Environmental Site Assessments

Jan. 2, 2023 – The Wisconsin Supreme Court has for the first time interpreted a key provision of the 2011 state products liability statute.In

Murphy v. Columbus McKinnon Corporation,
2022 WI 109 (Dec. 28, 2022), the supreme court held (4-3) that in enacting the 2011 law, the legislature retained the consumer-contemplation test for determining whether a product is defective.Justice Patience Roggensack wrote the majority opinion, joined by Justice Ann Walsh Bradley, Justice Rebecca Dallet, and Justice Jill Karofsky (except
Continue Reading Products Liability Law Retains Common Law Standard for Defective Design