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McLaughlin v. Gaslight Pointe Condominium Association, LTD
No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024)

In McLaughlin v. Gaslight Pointe Condominium Association, LTD, the Wisconsin Court of Appeals contributed to Wisconsin’s ever-growing body of caselaw examining when an insured’s intentional conduct may constitute an “occurrence” within the meaning of a CGL policy. No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024) (recommended for publication). The court also examined several exclusions commonly found in CGL policies. In brief, the facts of…
Continue Reading The Wisconsin Court of Appeals’ Provides Further Guidance on the Intersection Between Volitional Acts and Occurrences

As of February 13, 2024, the American Society for Testing and Materials (ASTM) E1527–21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” is now required when Phase I Environmental Site Assessments (ESAs) are conducted by environmental consultants to qualify for the innocent landowner defense, or the bona fide prospective purchaser or contiguous property owner liability protections, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (see: 42 U.S.C. 9601 et seq.).

The goal of…
Continue Reading Use of the ASTM E1527-21 Phase I Environmental Site Assessment Standard Practice is Now Required to Meet CERCLA Liability Protections

Join Stafford Rosenbaum in watching the film Bad River, in theatres from March 15-20, 2024. The movie documents the Bad River Band’s ongoing fight for sovereignty against Canadian energy company Enbridge.

The movie will play at AMC Fitchburg 18, Ashland Bay Cinema 6, and at select theatres across the country. 50% of all profits from the film will be donated to the Bad River Band. More information on the Band and the litigation is below. For more information on…
Continue Reading In Theatres this March: Bad River Film

As the demand for renewable energy sources continues to grow worldwide, landowners and developers have realized the potential in harnessing the power of solar and wind energy in Wisconsin. Wisconsin is well known for having large swaths of flat, open land, often used for traditional farming activities. Such topography is perfect for energy companies looking to expand their generating capacity, often paying landowners a premium for the use of such land.  

Leasing and easement arrangements are the essential methods…
Continue Reading Solar and Wind Lease Agreements

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For any couple who is going through a divorce, one of the key issues that needs to be addressed is property and asset division. This is one of the primary financial concerns that will affect spouses. Decisions about property division will determine the financial resources available to each spouse, in consideration of establishing new living arrangements, covering bills and expenses, and addressing other needs. When contemplating issues related to property, spouses will need to understand the community property…
Continue Reading Is Equal Property Division Required in a Wisconsin Divorce?

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In a divorce, the division of assets is often one of the most contentious issues. All of the property a couple owns will need to be considered, and there needs to be a determination on who will be responsible for paying the debts the couple owes. As couples take steps to gain an understanding of their financial position, and make decisions about how assets and debts will be divided, one spouse may find that the other has wasted…
Continue Reading How Can I Address Wasted or Destroyed Assets During My Divorce?

White-tailed Deer - Odocoileus virginianus

Hunting leases present a number of issues, which if not addressed in writing, can lead to misunderstandings at best, and unexpected liability or litigation at worst.  Because both the owner’s and the hunter’s needs vary depending on the type of land and the type of hunting involved, each leasing situation presents its own set of unique requirements and expectations.  An owner may be a farmer who allows hunting only during gun deer season or spring turkey hunting season.  This…
Continue Reading Hunting Lease Issues

According to various different wedding websites, approximately 15 to 20 percent of couples are choosing to hold rustic wedding ceremonies and receptions at a barn, farm, or ranch.

While many attorneys practicing personal injury law may have come across a premises liability claim regarding a fall that occurred at a wedding, the agricultural tourism immunity statute, Wis. Stat. section 895.524, adds an interesting layer to an injury claim that occurred at a barn or farm wedding.
The Case
I…
Continue Reading Agricultural Tourism Immunity and Barn Weddings: The Plaintiff

It is that time of year again. Summer is around the corner, and lakefront and riverfront property owners all across the state are starting to think about when to get their piers back in or what day they want to drop their boat in. Inevitably, this time of year is when neighbors old and new may start to interfere with other waterfront property owners’ rights to access the water. One of the many issues surrounding lake and river property…
Continue Reading What are Riparian Rights & Why are They Important?

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By: Attorney Jorge Fragoso and Law Clerk Quron Payne
Numerous actions may cause a person to be arrested and charged with a criminal offense, and the penalties they may face will depend on the specific laws they are accused of violating and the harm that was done to their alleged victims. While there are many different ways to categorize criminal offenses, many crimes can be divided into two broad groups: crimes against persons and crimes against property. The latter…
Continue Reading What Are the Consequences for Property Crimes in Wisconsin?

March 2, 2022 – A company that obtained a written easement in 1980 to install a gas line beneath a homeowner’s property obtained a prescriptive right to continue using the gas line in 1990, the Wisconsin Supreme Court has ruled.

In Bauer v. Wisconsin Energy Corporation, 2019AP2090 (Feb. 24, 2022), the supreme court unanimously held that a circuit court properly granted summary judgment against a landowner who bought the property in 1996 with no knowledge of the gas…
Continue Reading Supreme Court: Company has Prescriptive Right to Use Gas Line Under House

Spring officially begins on March 20th – less than one month away.  In Wisconsin, that means wedding planning is in full swing.  One important item on many wedding planning to-do lists is a pre-nuptial agreement.

We hear a lot about “pre-nups” in pop culture.  One of the most iconic pop culture references is in the song “Gold Digger,” by Kanye West.  The lyrics caution getting married without a pre-nuptial agreement, lest you lose half of your wealth upon divorce. …
Continue Reading Marital Property Agreements: They’re Not Just for Kanye West and Kim Kardashian

What is a marital settlement agreement? In an uncontested divorce action in Wisconsin, which is when you and your spouse have agreed on all issues, we call the marital settlement agreement the final agreement that you and your spouse would both sign and agree upon — all the terms and conditions that is then filed with the Court. At that point, the Court then accepts your agreement and grants you a divorce.

This gives you and your spouse certainty…
Continue Reading Divorce: What you Must know about the Marital Settlement Agreement

Man having fun speeding with a snowmobile through the powder snow at sunset

As we head into winter, many people across the state will throw on their snowmobiling gear and hop on the approximately 25,000 miles of snowmobile trails we have in Wisconsin.

Snowmobiling is incredibly popular in the dairy state. There are more than 200,000 registered snowmobiles in Wisconsin,1 and we are home to the World Championship Snowmobile Derby (in Eagle River) and the International Snowmobile Racing Hall of Fame (in St. Germain).2
25,000 Miles of Trails, Most on…
Continue Reading Protecting Private Landowners: Recreational Immunity in Wisconsin

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Bank sign above the door of financial building concept for finance and business

For years, by including language in account agreements, banks have been able to apply funds deposited at their institution – funds that would otherwise be controlled by the account holder’s payable on death (POD) designation – directly to a decedent’s outstanding debt owed to that institution, without any need to file a claim (in court or in otherwise).

The following is an example of such a set-off provision, which may be found in an account agreement:
Upon the…
Continue Reading Why Your Clients’ PODs at Banks May Be Ineffective

On November 1, 2021, the American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action (ASTM Committee E-50) approved a new standard for conducting Phase I Environmental Site Assessments (ESAs). The new standard, known as “E1527-21 – Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” which was published by ASTM in November 2021, makes significant modifications to the previous ASTM Phase I Standard Practice (E1527-13) that has been in…
Continue Reading The New ASTM E1527-21 Standard Practice for Phase I Environmental Site Assessments (ESA)