This month, the Court of Appeals affirmed a circuit court decision that held that the City of Brookfield engaged in an unconstitutional taking when it conditioned the approval of a subdivision development on construction of a new public street. The Court of Appeals determined that this “exaction” was not permissible because it did not address a need caused by the development proposal and, even if it did, the exaction was not proportional to the conditions sought to be addressed
Continue Reading Court of Appeals Determines City Development Condition Is Unconstitutional Taking

CAFA Background and Exceptions

On March 16, 2022, the Seventh Circuit issued its opinion in Schutte v. Coix Health, resolving an open question about the breadth of the Class Action Fairness Act (“CAFA”). 28 USC § 1711 et seq. Congress enacted CAFA in 2005 to expand the availability of federal courts to class action defendants; the Act loosens the requirements for defendants seeking to remove to federal court cases that have been filed in state court as putative class
Continue Reading Seventh Circuit Resolves Open Question Under Class Action Fairness Act

In law school, we were taught different strategies in communicating effectively with clients. Often, however, there isn’t a discussion on how best to interact with indigent clients. Here are a few tips that anyone can use when connecting with clients who do not always have reliable means of communication. Tip #1: If the client’s number is out of service, try again later. Indigent clients do not always have money to consistently keep their cellphone on and in service.
Continue Reading Tip of the Month: 5 Tips and Tricks: Communicating Effectively with Indigent Clients

Being a new attorney can be tough for anyone. Law school prepares you to read, research, and analyze the law, but it does not necessarily prepare you for the day-to-day practice of the legal profession.

Inexperienced attorneys can feel completely overwhelmed by their first year(s) of practice, particularly public interest attorneys who may work for small, underfunded organizations that do not have the time, energy, or resources to grow and mentor their new hires.

Fortunately, many law schools are
Continue Reading What We Wish We Knew Then: 11 Tips for New Public Interest Attorneys

Last summer, President Joe Biden issued Executive Order 14036 targeting “any unlawful trade practices in the beer, wine, and spirits markets, such as certain exclusionary, discriminatory, or anticompetitive distribution practices,” as well as “patterns of consolidation in production, distribution, or retail beer, wine, and spirits market.” The Executive Order required that the United States Department of Treasury submit a report assessing competitive conditions in the beer, wine, and spirits industry.
Last month, the Treasury Department published its Competition in
Continue Reading What Wisconsin Wholesalers Need to Know about the Treasury Department’s Competition Report

As winter rolls on, it gets tougher and tougher for even the hardiest Wisconsinites to pull themselves out of bed before work and shovel out the previous night’s snowfall. This is especially true when snow accumulates on consecutive days or the piles of snow bordering our sidewalks get to be chest high. As obnoxious as it can be, there are Madison city ordinances as well as state law that compel snow removal.
Madison General Ordinance (“MGO”) 10.28
Continue Reading Do I Really Need to Shovel Snow?

“Bring your authentic self to work!” Sounds great, right? Unfortunately, this doesn’t bode so well for professionals of color.

Specifically, I’m going to speak about Black women. One, I’m a Black woman. Two, it’s Black History Month.

Let’s learn together.
Microaggressions at Work
Merriam-Webster defines “microaggression” as a comment or action that subtly and often unconsciously or unintentionally expresses a prejudiced attitude toward a member of a marginalized group (such as a racial minority).

My authentic self sometimes shows
Continue Reading Tip of the Month: Check Your Assumptions When I ‘Bring My Authentic Self to Work’

The use of third-party food delivery services has skyrocketed during the COVID-19 pandemic. Companies such as Grubhub, Uber Eats, and DoorDash provide customers with greater access to their favorite restaurants without having to leave the comfort of their own homes. But the use of such delivery services has also caused troubles for customers and restaurants alike. Hidden fees, late or missing deliveries, and quality control problems are only the tip of the iceberg when it comes to identifying these
Continue Reading Wisconsin Legislature Considers Bill to Regulate Third-Party Food Delivery Services

In early November, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, a bipartisan infrastructure deal. The bill allocates approximately $1.2 trillion for infrastructure spending, including $55 billion to expand access to clean drinking water, $110 billion for roads and bridges, $66 billion for railroads, $65 billion each for power grid updates and broadband expansion to rural areas and low-income communities, $39 billion for public transit, and $21 billion for environmental cleanup such as closing old
Continue Reading The Wage and Hour Implications of the Infrastructure Investment and Jobs Act

Animal law has become a legitimate area of study and field of practice among law students, practitioners, and professors who believe the interests of animals deserve meaningful consideration within the legal system.1Growing interest in the subject is reflected in the rapid development of animal law courses and groundbreaking lawsuits that cover a broad range of animal-related legal issues with the goal of advancing the legal status of animals.Now is a great time to get involved in
Continue Reading Animal Law: A Rising Area of Public Interest Law

On January 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced the launch of a new initiative, Hiring Initiative to Reimagine Equity (HIRE), to reimagine hiring practices to advance equal employment opportunity. The goal of this initiative is to identify innovative and evidence-based practices that will help workers from underrepresented communities gain access to good jobs and help employers utilize their talent across America’s workforce.
Continue Reading Government Agencies Launch Initiative to Address Hiring and Recruiting Challenges

On January 13, The Supreme Court of the United States issued two important decisions pertaining to vaccinations in the workplace. In one ruling, the Supreme Court struck down the Biden Administration’s OSHA rule requiring employers of 100 or more individuals to implement a policy requiring their employees to either get vaccinated against COVID-19 or show a negative COVID-19 test weekly and wear a mask during the work day. In the other, the Court affirmed another Biden directive,
Continue Reading The Supreme Court Issues Opinions On Two Vaccination Mandates: What Employers Need To Know

On Monday, December 27, 2021, the Centers for Disease Control and Prevention (CDC) shortened the recommended isolation and quarantine period for certain individuals infected with or exposed to COVID-19. The new recommendations come in light of evidence that the majority of SARS-CoV-2 transmissions occur in the 1-2 days prior to onset of symptoms and the 2-3 days after. The CDC’s new recommendations, outlined below, will be a welcome change for many employers struggling with staffing shortages as it will
Continue Reading CDC Shortens Recommended Isolation and Quarantine Periods

The Supreme Court has announced that it will hear oral arguments on both the OSHA ETS vaccine mandate and the CMS vaccine mandate on January 7, 2022.

On December 17, 2021, we shared with you that the Fifth Circuit limited the scope of the injunction related to the CMS Mandate, which meant that 26 states were required to comply with the mandate again. (Click here to read more). On December 18, 2021, we shared with you that the Sixth
Continue Reading Supreme Court Accepts Vaccine Mandate Cases

On Wednesday, the U.S. Supreme Court issued an order (found here) that it would hold a special session to hear arguments on OSHA’s vaccine-or-test rule that mandates employers with 100 or more employees require its employees to be fully vaccinated against the COVID-19 virus or be subject to weekly tests. The Court issued its order in response to emergency applications for an administrative stay in response to the U.S. Court of Appeals for the Sixth Circuit’s 2-1 decision
Continue Reading U.S. Supreme Court to Hold Special Session on January 7, 2022 to Review Federal Vaccine Mandates