Government

February 6, 2020:Yay! Gift card to my favorite store, “Rad Stuff, Ltd.” OMG, thank you for the best birthday present ever! I can’t wait to go there! February 7, 2021: Oh, yeah I got a gift card to Rad for my birthday last year, I’m going to finally use it! Expires February 6, 2020? Ugh, that sucks. Oh well, guess I’ll toss it. BUT WAIT!!!! The federal government is looking out for consumers! Credit Card Accountability Responsibility and Disclosure Act In 2009, Obama signed the Credit Card Accountability Responsibility and Disclosure Act or (“CARD Act”) into action. CARD prohibits expiration…
On Sunday, December 27, President Trump signed into law a general government funding and appropriations bill that included several Coronavirus Response and Relief provisions. The COVID-19 provisions address continued unemployment benefits, provide funding for schools and day cares to operate safely, extend the CDC eviction moratorium, fund another round of the Paycheck Protection Program (“PPP), and modify some of the rules regarding PPP forgiveness. Stimulus Payments Individuals making less than $75,000 per year, based on their 2019 tax return, will receive $600. Just as with the previous stimulus payment, the benefit decreases $5 for every $100 earned over the $75,000.…
As pure and abstract as we’d like the operation of justice to be, we all know the practice of law is embedded within an inherently unequal society, and that our work is exacerbated by and perpetuates severe systemic, institutional, and interpersonal inequity. Conversations around power, inequality, and oppression can sometimes be difficult and uncomfortable, but they are valuable and necessary, in order to examine the theories of social interaction and change that underlies our work. The Interactions of Status, Rank, and Power I recently participated in community lawyering training offered by the Shriver Center on Poverty Law in Chicago. One…
Stafford Rosenbaum LLP’s election and political law attorneys have had a 2020 filled with noteworthy cases. The new practice group was launched this year, co-chaired by Attorneys Jeff Mandell and Doug Poland, and has been even busier in the last quarter of the year with cases involving presidential post-election results challenges. Stafford Rosenbaum represents Wisconsin Governor Tony Evers on post-election matters, which has involved researching and advising on vote recounts and matters surrounding them. There are now seven lawsuits challenging the presidential election results, two in which Stafford Rosenbaum LLP has been heavily involved that were filed as original…
Effective this morning, Dane County Public Health has issued Emergency Order #11, in response to an improvement in COVID numbers in Dane County. As the order omits mandatory school closure, the Public Health Department also released guidance for schools considering reopening in person instruction. What has changed under Emergency Order #11? Mass Gatherings Citing a decline in the 7-day average in the amount of positive cases in Dane County, as well as a  decline in the odds that any one person in a group of 10, 15 or 25 people would test positive for COVID-19, the Public Health Department…
At the end of last week, the Court of Appeals recommended for publication an opinion resulting from a permissive interlocutory appeal sought by Stafford Rosenbaum on behalf of the City of Monroe.  Stafford sought the appeal after the trial court denied the City’s motion for summary judgment asserting absolute and governmental immunity in response to a slip and fall complaint.  As explained below, the Court of Appeals reversed and remanded with directions to enter summary judgment in favor of the City dismissing the complaint. See Knoke v. City of Monroe et. al., No. 2019AP2003 (Wis. Ct. App. Dec. 3,…
At the end of last week, the Court of Appeals recommended for publication an opinion resulting from a permissive interlocutory appeal sought by Stafford Rosenbaum on behalf of the City of Monroe.  Stafford sought the appeal after the trial court denied the City’s motion for summary judgment asserting absolute and governmental immunity in response to a slip and fall complaint.  As explained below, the Court of Appeals reversed and remanded with directions to enter summary judgment in favor of the City dismissing the complaint. See Knoke v. City of Monroe et. al., No. 2019AP2003 (Wis. Ct. App. Dec. 3,…
In response to a continued increase in the number of COVID cases, Dane County, through Public Health Madison & Dane County, has issued Emergency Order #10, which took effect at 12:01 a.m. on November 18, 2020 and will remain in effect until December 16, 2020.  The order keeps all restrictions and other primary aspects of the previous order in place, including keeping the county in Phase 2 of Forward Dane, with most businesses allowed to operate at 50% capacity, and restaurants at 25% capacity. The biggest changes in this order are the following: (1) Indoor Mass Gatherings are prohibited. (2)…
The Wisconsin Court of Appeals recently found that a continuing trespass does not create a new “event” each day that it remains on the property.  See Ebert v. Village of Gresham, 2020 WL 6278316, ¶¶ 2, 13.  Because a new event is not created each day, a claimant must file a notice of injury within 120 days after the happening of the event giving rise to the claim pursuant to Wis. Stat. § 893.80.  Id.  The court also held that only special circumstances like those in Gillen v. City of Neenah, where a specific statute conflicted with the…
Approximately 37,000 people in Wisconsin who were previously deemed ineligible for an Economic Impact Payment (EIP) may now be entitled to one.1 A recent ruling in a class-action lawsuit means that people in jail or prison cannot be denied a stimulus payment based solely on their incarceration status.2 It’s important to understand who is affected by this court order and what steps, if any, they need to take in order to receive their payment. The deadline was Oct. 30, 2020, for those filing by mail, but those filing online may do so by Nov. 21, 2020. About the…
Effective November 2, 2020 Wisconsin employers will be required to provide all departing employees, regardless of the reason for the separation with the company, written notice regarding Unemployment Insurance Benefits. What Should the Notice Say? The DWD has suggested language to be included in the notice to be given to employees, including the following: That the employee may file an unemployment claim in the first week that employment stops or work hours are reduced. That the employer direct the employee to the already required Unemployment Insurance poster for information on how and when to apply for benefits. DWD has additional…
Public Interest Law Section Blog October 30 2020 Working with Domestic Abuse Survivors: What Advocates Want You to Know Megan L. Sprecher and Araceli Wence Domestic abuse is a serious societal problem, the ramifications of which are felt in every community. Megan Sprecher and Araceli Wence provide tips for working with survivors of domestic abuse. October is Domestic Violence Awareness Month, the perfect time for attorneys and other legal professionals to commit to learning more about the issue and consider ways to make their practice more welcoming and less re-traumatizing to survivors. Domestic abuse advocates at programs across the state…
In a sequel to our most recent KEW Tip (Evers’ 25% Public Gatherings Limitations Stands; Appeals Expected), a Wisconsin Court of Appeals granted interlocutory review, as well as a temporary injunction, to plaintiffs seeking to overturn the 25% capacity limit issued by the Wisconsin Department of Health Services in Emergency Order #3. As we discussed previously, a judge in Wisconsin in Barron County denied a request for an injunction filed by the Tavern League of Wisconsin and two pro-life groups. The plaintiffs argued that Emergency Order #3 exceeded the powers of the Secretary of the Department of…
On September 22, Governor Evers signed an order, Executive Order #90, declaring a public health emergency across the state, along with a mandatory mask order.  Our analysis regarding the statewide mask order is in this KEW Tips article, Governor Evers Extends Statewide Mask Order. On October 6, Andrea Palm of the Wisconsin Department of Health Services, issue Emergency Order #3, limiting indoor public gatherings to 25% of maximum capacity, saving for specific exempt activities. You can see KEW’s write up of Emergency Order #3  in KEW Tips:  Wisconsin Department of Health Services Places Statewide Limits Upon Public Gatherings.…
As COVID-19 cases continue a rapid increase throughout the state, Governor Evers directed the Wisconsin Department of Health Services to issue Emergency Order #3 (“EO 3”), to go into effect on October 8. EO 3 limits public gatherings throughout the state until November 6, 2020. For our Dane County readers, please note that this order does not replace current local Dane County order, which can be found at Public Health of Madison & Dane County. Also, we previously broke down the current Dane County Order KEW Tips, in our article titled: Dane County Requires Face Masks Starting July 13
October 21, 2015. Photo by Beth Skogen Photography.   On this day, five years ago, Jessica, Leslie and Nick officially opened up shop as Kramer, Elkins & Watt, LLC. As we celebrate five fabulous years with mostly ups and a few downs, we thought it would be fun to do an alternative post with some fun KEW facts.   How did the three KEW partners originally meet? All three worked at a law firm located on the west side of Madison.   Whose idea was it to start KEW? Nick got the ball rolling by approaching Jessica with the idea,…