Those keeping an eye on the Wisconsin Supreme Court know that it’s been in the news a bit over the last month. But in this column, we look past the internal politics of the court and review the civil cases currently pending before it, paying special attention to those affecting civil practitioners in Wisconsin. The court kicks off its 2023–24 term with a relatively light September oral argument calendar, featuring just two civil cases. Constitutional rights and tax
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Meissner Tierney Fisher & Nichols s.c. Blogs
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Wisconsin’s Proposed Alcohol Regulations: Major Reforms Impacting the Industry
Recently, in June 2023, the Wisconsin Assembly passed Assembly Bill 304 (the bill is numbered SB 332 in the Wisconsin Senate). That bill makes several significant changes to how the state regulates its storied and substantial alcohol industry. The proposed law affects nearly every level of the Wisconsin alcohol industry from the licensing, producing, selling, and distribution of alcoholic beverages. For instance, bartenders will now have to be licensed by the state instead of by their local municipality.
Navigating
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Wisconsin Supreme Court Update: July/August 2023
Wisconsin Supreme Court Update: July & August 2023
The Wisconsin Supreme Court finished up its 2023–24 term in June, issuing a slew of new decisions and granting review in one new case for next term. In this update, we take a closer look at the civil cases the court decided to round out the term.
Cases Decided
Allsop Venture Partners III v. Murphy Desmond SC, No. 2020AP806
Evidence
Decision Filed: June 2, 2023
Public Citation: 2023 WI 43
Practice
Continue Reading Wisconsin Supreme Court Update: July/August 2023
Gain Exclusion for Sale or Exchange of Principal Residence
Selling a home in 2023 is unlike selling a home in any year of recent memory. The majority of homeowners have mortgages with interest rates below 6.0%, and nearly a quarter have mortgages with interest rates below 3.0%. While interest rates may only be one factor when deciding to sell a home, it does not help homeowners who have to contend with the highest average home values in U.S. history.
Some homeowners have the ability to wait for conditions
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Attorney Spotlight – McKenzie E. Tibbetts
McKenzie E. Tibbetts is an attorney that serves in Meissner Tierney’s transactional practice group. She advises clients in the areas of business and corporate transactions and taxation.
Where are you from?
Lake Crystal, Minnesota
What was your first job?
I was a lifeguard at my local rec center.
Do you have any hobbies?
When I am not at work, I enjoy working out at F45, working my ‘to-be-read’ stack of books, or exploring the various breweries in Milwaukee.
What
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Wisconsin Supreme Court Update: June 2023
The Wisconsin Supreme Court handed down decisions last month on issues involving healthcare, constitutional law, and employment issues. Read on for all the latest.
Cases Decided
Gahl v. Aurora Health Care, Inc., No. 2021AP1787-FT
Healthcare
Decision Filed: May 2, 2023
Public Citation: 2023 WI 35
In October of 2021, Allen Gahl, acting as power of attorney for a Covid-19 patient, petitioned the circuit court for an order compelling Aurora Health Care to administer ivermectin to the patient. The circuit
Continue Reading Wisconsin Supreme Court Update: June 2023
Wisconsin Supreme Court Update: May 2023
It’s time for our monthly check-in on the latest civil law developments at the Wisconsin Supreme Court. In the past month, the court decided five civil cases spanning a broad array of issues including insurance law, eminent domain, and arbitration. Plus, the court granted review in a case touching on taxation and religious liberty. Read on for all the latest.
Cases Decided
Banuelos v. UW Hospitals & Clinics Authority, No. 2020AP1582
Healthcare
Decision Filed: April 4,
Continue Reading Wisconsin Supreme Court Update: May 2023
Defamation: Lessons from Dominion v. Fox News
On April 18, 2023, on the eve of trial, Dominion Voting Systems and Fox News Network agreed to settle Dominion’s Delaware defamation lawsuit against Fox News[1] based on statements made on Fox News that Dominion rigged the 2020 U.S. presidential election.[2] It was soon reported that Fox News had agreed to pay Dominion $787.5 million to settle the case.[3]
Everyone has heard the adage, “sticks and stones may break my bones, but words can never hurt
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Wisconsin Supreme Court Update: April 2023
The April oral argument calendar for the moment appears to be the last of the term for the Wisconsin Supreme Court, and there’s only one civil case on it. Meanwhile, we have three civil decisions to review, touching on issues ranging from real estate, to public employment, to insurance. Read on for all the latest from Wisconsin’s highest court.
Cases Decided
Casanova v. Polsky, No. 2019AP1728 & 2019AP2063
Real Estate
Decision Filed: March 16, 2023
Public Citation: 2023 WI
Continue Reading Wisconsin Supreme Court Update: April 2023
Copyrights: The Difference in Deposits
Generally, to properly file a copyright application, the applicant must complete three components. First, the applicant must complete an online application. This process is relatively straightforward and requires certain pieces of information to be filled out and specified concerning the type of work, year of creation, publication information, author(s), claimant(s), and certain limits on use (if applicable). Second, the applicant must submit a filing fee by credit card, debit card, bank account, or deposit account. Lastly, the applicant must
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Attorney Spotlight – Scott T. Reigle
Scott T. Reigle is a shareholder in Meissner Tierney’s litigation practice group. Scott is primarily a commercial litigator who also advises clients on business strategy, regulatory compliance, and other best practices.
Where are you from?
West Bend, WI
What was your first job?
Aside from dog walking/snow shoveling/other odd jobs as a kid, my first job was as a summer caretaker of an abandoned farm that was being readied for sale.
Do you have any hobbies?
I love cooking
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Attorney Spotlight: Steven L. Miracle
Steven L. Miracle is an attorney in Meissner Tierney’s litigation practice group. Steve is primarily an insurance coverage litigator, representing insurers and their insureds in a wide variety of civil matters. Steve also works within business and corporate litigation, construction defects, and extra-contractual work.
Where are you from?
Appleton, Wisconsin
What was your first job?
At 15, I got a job working the concession stand at a local movie theater. You can’t find a better perk than free movies!
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PODCAST: Up For Review – March 2023 Update
Taxation is the theme of this month’s supreme court update. The court decided two tax cases in the past month, and it has another on its March oral argument calendar. We’ll take a look at those, plus a couple of other civil cases set for argument in the coming weeks.
Attorneys Featured: James M. Sosnoski and Caleb R. Gerbitz
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The Statute of Repose and Statute of Limitations in Construction Contract Cases in the Wake of Wascher
The phrase “except as provided” is a fairly innocuous phrase commonly seen in various statutes or if you are young enough to remember, the run-of-the-mill law school textbook on statutory interpretation. It is so common within the Wisconsin statutes that according to Justice Bradley, the phrase renders over 3,000 results in Westlaw.
But if you practice in the world of construction law and defend contractors and their insurers, you may be familiar with the phrase located
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Wisconsin Supreme Court Update: March 2023
Caleb R. Gerbitz
Taxation is the theme of this month’s supreme court update. The court decided two tax cases in the past month, and it has another on its March oral argument calendar. We’ll take a look at those, plus a couple of other civil cases set for argument in the coming weeks.
Cases Decided
Lowe’s Home Centers, LLC v. City of Delavan, No. 2019AP1987
Taxation
Decision Filed: February 16, 2023
Public Citation: 2023 WI 8
The court handed
Continue Reading Wisconsin Supreme Court Update: March 2023
PODCAST: Esports – Legal Implications of Streaming
Join Shareholder Adam J. Tutaj and Associate Attorneys James M. Sosnoski and Mark R. Hamilton Jr. as they discuss an industry that has garnered attention in the past several years and developed into a legal specialty, Esports. Esports concern multiple facets of gaming centered around tournaments and content creation. In this episode, they converse about the legal intricacies surrounding content creation specifically, streaming.
Adam J. Tutaj and Mark R. Hamilton Jr. host this episode with James M. Sosnoski as
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