Meissner Tierney Fisher & Nichols s.c. shareholders Thomas J. Nichols, Randal J. Brotherhood and Adam J. Tutaj discuss Wisconsin’s New Business Entity Law (Act 258), which is set to become effective on January 1, 2023. In this second part, they conclude their discussion of Wisconsin’s adoption of the Revised Uniform Limited Liability Company Act and turn to the second major innovation of the New Business Entity Law – the adoption of the Revised Uniform Limited Partnership Act.
Thomas J.
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Brand of Motorcycle Plus Proximity of Time and Place Not Enough for Traffic Stop
Dec. 12, 2022 – A police officer who stopped a motorcyclist on a Harley five minutes after another officer reported a Harley driving erratically in the same area lacked reasonable suspicion for the stop, the Wisconsin Supreme Court has ruled (4-3).Justice Rebecca Dallet wrote the majority opinion, joined by Justice Ann Walsh Bradley, Justice Rebecca Bradley, and Justice Jill Karofsky. Justice Patience Roggensack dissented, joined by Chief Justice Annette Ziegler and Justice Brian Hagedorn. A Fleeing HarleyAlexis Meier, an
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Insurance Coverage & Contractors
by: Paralegal Sarah Reckling
A frequent issue that arises in insurance is the extent to which a standard CGL policy covers contractor liability. In my most cases, the issue is not of fact, but of liability insurance language. An insurer, regardless of whether the allegations are covered, must provide a defense of the entire lawsuit. If an insurer wrongfully fails to provide a defense, then the insurer is responsible for the damages to the insured (potentially including attorney’s fees).
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What Are the Consequences of Package Theft in Wisconsin?
By: During the holiday season, the number of packages being sent and received throughout the United States increases significantly. As people order products online and have them shipped to their homes or receive gifts sent by loved ones, packages can accumulate on a home’s porch or doorstep on a daily basis. These packages can be a tempting target for thieves, and package theft has become an increasingly significant issue in the U.S. in recent years.
The
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What is “Dicta” in Wisconsin’s Appellate Courts?
James M. Sosnoski
The Wisconsin Court of Appeals, as well as the circuit courts, are bound by previous published appellate decisions, which means that they must follow published decisions unless and until those decisions are overruled by the Supreme Court of Wisconsin. This requirement to follow previous decisions, or “precedent,” is commonly referred to as “stare decisis.”
“Dictum”—a shortening of the Latin phrase “obiter dictum”, or “something said in passing”[1]—is an interesting and somewhat amorphous concept related
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Wisconsin Supreme Court: Party Challenging Tax Collection Must Pay Tax First
Dec. 5, 2022 – A district court properly dismissed a claim for the recovery of unlawful taxes because the party making the claim failed to first pay the taxes, the Wisconsin Supreme Court has ruled.In St. John’s Communities, Inc. v. City of Milwaukee, 2022 WI 69 (Nov. 22, 2022), the supreme court unanimously held that the plain wording of Wis. Stat. section 74.35(2)(a) requires a party a seeking to recover an unlawful tax to first pay the tax.Change
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Warrantless Entry into Fenced Backyard Violated Fourth Amendment
Dec. 5, 2022 – Police who arrived at an address where an erratic driver was reported to have gone but waited to gather information before entering the property were not engaged in hot pursuit and their warrantless search was illegal, the Wisconsin Supreme Court has unanimously ruled.In State v. Wilson, 2022 WI 77 (Nov. 23, 2022) the supreme court also held that the police did not conduct a valid “knock-and-talk” investigation.Erratic DrivingA witness called the South Milwaukee Police
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When Can Truck Accidents Be Caused by Inadequate Maintenance?
Commercial trucks are an essential part of the transportation industry and the economy of the United States. They carry goods, materials, and other products throughout the country, ensuring that items can be delivered on time. Unfortunately, truck accidents are a common occurrence on our nation’s roads and highways, and inadequate maintenance is one of the leading causes of these accidents. When a truck’s equipment is not properly maintained, this can affect the safety of everyone
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von Briesen Welcomes Vince Falcone
von Briesen & Roper, s.c., today announced that attorney Vincent J. Falcone joined the Firm’s Madison office, located at 10 East Doty Street, Suite 900.
As a member of the Business Practice Group, Falcone focuses his practice on mergers and acquisitions, corporate law and real estate law. Falcone assists clients in all phases of drafting, negotiation, due diligence and financing of business transactions. Additionally, he assists commercial, residential and agricultural clients with real estate acquisitions and sales. He is
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Wisconsin Supreme Court Update: December 2022
Caleb R. Gerbitz
With the state’s high court issuing its first decisions of the year, what had been a monthly “preview” column now becomes an “update.” We’ll take a look at the couple cases the court decided over the past several weeks, then turn our attention to the two civil cases set for argument on the court’s December calendar.
Cases Decided
State ex rel. Kormanik v. Brash, No. 2022AP1736-W
Appellate Venue & Supervisory Writ Standard
Decision Filed: October
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Truck Driver Alleged Sufficient Facts in Wage Lawsuit Against Company
Nov. 29, 2022 – A truck driver claiming that a company violated federal law by paying him less than the minimum wage of $7.25 an hour stated sufficient facts to survive a motion to dismiss for failure to state a claim, the U.S. Court of Appeals for the Seventh Circuit has ruled.In Brant v. Schneider National, Inc., No. 21-2122 (Aug. 3, 2022), the Seventh Circuit Court of Appeals employed a six-factor test to hold (2-1) that the truck driver
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Complaint Alleging Negligence in Data Breach is Legally Sufficient
Nov. 29, 2022 – A former employee who sued a company in negligence for damages related to a data breach stated a legally sufficient claim, the Wisconsin Court of Appeals has ruled.But in Reetz v. Advocate Aurora Health Inc., 2021AP520 (Nov. 22, 2022), the Court of Appeals District I also held that the employee failed to state legally sufficient claims for invasion of privacy, contract damages, and declaratory relief.Phishing Leads to Data BreachIn January 2020, someone gained unauthorized access
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Blood Draw Refusal Case: Supreme Court Upholds Search Warrant Affidavit
Nov. 29, 2022 – When making an affidavit for a search warrant, a police officer satisfies the oath and affirmation requirements of the U.S. and Wisconsin constitutions as long as the wording of the affidavit impresses upon the officer a sense of obligation to tell the truth, the Wisconsin Supreme Court has ruled.In State v. Moeser, 2022 WI 76 (Nov. 23, 2022) a five-justice majority held that the oath and affirmation clause does not require any magic words
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Be Aware of Scammers Who Claim They Can Recover Cryptocurrency Losses
by: Ray Dall’Osto, Chris Strohbehn, Jack McNally & Jason Luczak
In November of 2022, a major cryptocurrency exchange, FTX, failed and has filed for bankruptcy, resulting in billions of dollars of losses for owners of virtual or crypto currency. Over the past several years, many people in the United States and throughout the world have invested in cryptocurrency. While some have been able to earn profits by trading these currencies, many others have experienced losses.
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5 Ways Your Spouse May Attempt to Hide Assets During Your Divorce
By: Attorney Megan Drury
Going through a divorce is difficult enough, but when you suspect your spouse of hiding assets, it can make the process even more complicated and frustrating. Your marital property, which includes all assets and debts that you have acquired during your marriage, should be divided fairly between both parties. Unfortunately, there are many divorce cases where spouses try to unfairly influence the property division process by concealing money or other valuable assets. Here are five
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Seventh Circuit Declines to Revisit Drug Sentencing Guidelines Case
Nov. 17, 2022 – The U.S. Court of Appeals for the Seventh Circuit has declined to revisit its holding in a 2020 case that resolved a sentencing guideline issue which is the subject of a circuit split. In U.S. v. Ramirez, No. 21-2587 (Nov. 8, 2022), the Seventh Circuit Court of Appeals held that the defendant failed to meet the three-factor standard for overruling a decision involving an issue on which the circuits are split. Drug, Gun ChargesIn May
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