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In Hartland Sportsmen’s Club, Inc. v. City of Delafield, the Wisconsin Court of Appeals affirmed the Waukesha County Circuit Court’s earlier order requiring the City to grant Hartland Sportsmen’s Club’s conditional use permit application to operate a sport shooting range. In 2013, the Hartland Sportsmen’s Club sued the City for continually denying the Club’s permit application to operate a shooting range.  The City set numerous safety requirements for the Club before it would approve the permit.  However, each time the Club complied with the City’s requirements, the City created new standards and requirements, making it practically impossible for the Club…
By now, many of you have heard that last week a federal judge expanded several provisions of the Family First Coronavirus Response Act (FFCRA).  We have been postponing our alert on this hoping the Department of Labor would issue some guidance for employers.  So far, there has been no word from the DOL.  If you have questions about whether your company should follow the judge’s order—or should continue to administer the FFCRA per usual until the DOL issues guidance—please do not hesitate to contact us! On August 3, 2020, Judge J. Paul Oetken of the U.S. District Court for the Southern District of…
The coronavirus pandemic has forced most of us to stay home, and as a result, we are all looking for hobbies to pick up while we are social distancing. For some, quarantine hobbies have become Netflix binge watching or mastering bread baking. For others, creative passions and hobbies such as selling handmade crafts on Etsy or unwanted junk on eBay have become sources of income. If you are dabbling in a quarantine hobby that produces income, here are some tips for choosing between legal structures in order to better protect yourself and your business. Whether you have just started selling…
Reclaiming criminals: “My remedies will either kill or cure!” Lavinia was quite taken with James Tolan, her client accused of stealing a $23 watch. “I never had the confidence of a criminal before,” she told her sister.  “It was a very interesting experience.” Poor Tolan, an inmate of the Rock County jail, was literally aContinue reading → The post Reclaiming criminals: “My remedies will either kill or cure!” appeared first on Lavinia Goodell.…
On June 25, 2020, the Wisconsin Court of Appeals decided State v. Prado, which significantly changed Wisconsin’s implied consent law.  For decades, it has been the law in Wisconsin that when an unconscious driver is arrested for drunk driving, law enforcement officers could take a blood sample from the driver without a warrant.  Under Prado, if a law enforcement officer obtains a blood draw from an unconscious driver without a warrant, unless an exception to the warrant requirement is present, it will be an infringement of the driver’s rights under the Fourth Amendment to the United States Constitution to be free…
In the fall of 1875, Judge Harmon Conger—the same judge who admitted Lavinia to the Rock County bar—changed the course of her legal career. She was sitting in her office drafting a client’s will when a sheriff popped in to announce that the judge had just appointed her to defend two criminals. One, James Tolan, was charged with stealing a watch from someone. The other, Harrison Cramer, had allegedly stolen spoons, jackknives, and a black silk belt from a store. The appointments surprised Lavinia.  Continue reading → The post “What shall we do with our criminals?” appeared first on Lavinia
On Thursday, July 30, Governor Evers issued Executive Order #82 declaring a public health emergency, and Emergency Order #1 requiring all people in Wisconsin over the age of 5 to wear face coverings while inside any enclosed space other than their own private residence. The Office of the Governor also issued a press release and included some FAQs about the new state-wide requirement. The Order goes into effect on August 1, 2020, at 12:01 am, and will remain in effect until September 28, 2020. What qualifies as a face covering? The order defines “face covering” as a piece of cloth…
What Happened? Governor Evers issued Executive Order #82 declaring a new public health emergency to address the high virus activity levels.  Pursuant to this new public health emergency order, the Governor issued “Emergency Order #1” requiring face coverings in certain situations. The order goes into effect at 12:01 am on Saturday, August 1, 2020, and expires on September 28, 2020. Is it Legal? Maybe. There will likely be a court challenge as to whether the Governor’s Executive Order declaring a new public health emergency is valid. A Governor may issue a public health emergency for sixty days. After sixty days…
Governor Evers issued Emergency Order #1 on July 30, 2020 implementing a statewide face covering mandate. The face covering requirement will begin on Saturday, August 1, 2020 and will expire September 28, 2020 or by a subsequent superseding emergency order. The Order requires every individual over the age of five in Wisconsin wear a face covering if “the individual is indoors or in an enclosed space, other than at a private residence; and; another person or persons who are not members of individual’s household or living unit are present in the same room or enclosed space.” Enclosed space is defined…
Peter, Paul, and Mary have done well for themselves. Each has a nice home, a seasonal residence, and a large IRA. Coincidentally, each also has an additional $11 million worth of real estate, savings, brokerage accounts, and closely-held business interests. We advised Peter, Paul, and Mary that in 2020 each has a federal gift and estate tax exemption that allows him or her to transfer up to $11,580,000 free of tax. (The exemption is adjusted annually for inflation.) The exemption can be used while living or upon death, as long as the total value of both types of transfers does…
Every year before July 1st, Wisconsin publishes an updated Medicaid divisor to be in effect starting on July 1st of that year until June 30th of the next year.  This year, Wisconsin has not yet updated its Medicaid divisor due to COVID-19 pandemic.  At this point in time, there is no official guidance as to when the divisor will be updated. The Medicaid divisor is the average statewide daily rate of nursing home care for a resident who is privately paying for his or her care.  The current Medicaid divisor, which was announced last year prior to July 1st, 2019,…
The coronavirus pandemic is damaging businesses throughout Wisconsin, forcing many into insolvency and collapse. Navigating the pending or actual insolvency of a business is one of the most complex and demanding challenges for business owners and creditors. Bankruptcy is one answer, but it is often time-consuming and expensive. Chapter 128, Wisconsin’s bankruptcy alternative, is a valuable tool for both creditors and debtors in difficult times that is often overlooked. Chapter 128 of the Wisconsin statutes contains three different options for individuals and businesses. First, a person, meaning an individual or business, may assign his or her assets to an assignee,…
Last week, the Institute of Museum and Library Services today announced that the University of Wisconsin Law Library was awarded a three year National Leadership Grants for Libraries grant in the amount of $239,087 to improve access to tribal laws.  Our project, which was one of 38 projects that received an IMLS grant, is featured on the IMLS award announcement: The University of Wisconsin Law Library, in partnership with the Stockbridge-Munsee Community Band of Mohican Indians, the UW Law School Great Lakes Indigenous Law Center, the National Indian Law Library, and the Open Law Library, will develop The Digital Publication…
The Ordinance: On July 14, 2020, the City of Milwaukee passed an ordinance requiring the wearing of masks in the City of Milwaukee.  The ordinance went into effect on Thursday, July 16 and has two main requirements: Masks must be worn in all buildings open to the public. Masks must be worn outside in a public place when within 6 feet of another person. A mask is defined as, “a protective mask covering the nose and mouth, including cloth face coverings or surgical masks as described by the centers for disease control and prevention.”  The ordinance makes exceptions for people…
Donna’s husband Phil is in a nursing home and receives Medicaid benefits to pay for his care (a.k.a. Medical Assistance or Title-19).  Donna wants to make sure Phil’s Medicaid remains in place and is protected, so she wants to know “Is there anything else I need to do?” As the spouse who is not receiving Medicaid benefits, Donna is referred to as the “community spouse.” A community spouse is allowed to have a certain amount of assets in addition to certain other “exempt assets.” There are many Medicaid exemptions available to the community spouse, such as the home, retirement accounts…