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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Continue Reading PODCAST: Up For Review – March 2023 Update
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
Continue Reading The Statute of Repose and Statute of Limitations in Construction Contract Cases in the Wake of Wascher
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
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
Continue Reading PODCAST: Esports – Legal Implications of Streaming
The court handed down a few decisions in civil cases this past month. We take a look at those decisions and check in on the court’s February oral argument calendar in this month’s update on the Wisconsin Supreme Court’s docket.
James M. Sosnoski and Caleb R. Gerbitz host this episode.
Read the article on these cases here.
The post PODCAST: Up For Review – February Update appeared first on Meissner Tierney Fisher and Nichols S.C..
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McKenzie E. Tibbetts
Historically, noncompete agreements have been controlled and regulated by state law. In Wisconsin, noncompete agreements are generally considered lawful but must be “reasonable.” At common law, Wisconsin permits noncompete agreements unless it constitutes an unreasonable restraint on trade.[i] However, under the controlling Wisconsin statute, noncompete agreements will be enforceable only if they are reasonably necessary for the protection of the employer, if they do not extend beyond a reasonable period of time and territory, and
Continue Reading FTC Attempts to Ban Noncompete Agreements
Caleb R. Gerbitz
The court handed down a few decisions in civil cases this past month. We take a look at those decisions and check in on the court’s February oral argument calendar in this month’s update on the Wisconsin Supreme Court’s docket.
Cases Decided
Slabey v. Dunn County, No. 2020AP877
Civil Rights
Decision Filed: January 18, 2023
Public Citation: 2023 WI 2
This § 1983 case involves a claim brought by a plaintiff who was sexually assaulted by a
Continue Reading Wisconsin Supreme Court Update: February 2023
Meissner Tierney Fisher & Nichols s.c. Shareholders Thomas J. Nichols, Randal J. Brotherhood and Adam J. Tutaj discuss Wisconsin’s New Business Entity Law (Act 258), which became effective on January 1, 2023. In this third and final part, they discuss the New Business Entity Law’s revisions to the administrative provisions common to all of the major business entity forms (including corporations), as well as certain other harmonizing changes aimed at making Wisconsin’s business entity statutes more cohesive.
Thomas J.
Continue Reading PODCAST: Wisconsin’s New Business Entity Law – Part 3
There’s only one date on the Wisconsin Supreme Court’s January oral argument calendar, but it packs a pair of interesting civil cases. Before previewing those cases, this update begins with a look at the court’s first significant products liability decision in over a decade.
James M. Sosnoski and Caleb R. Gerbitz host this episode.
Read the article on these cases here.
The post PODCAST: Up for Review – January Update appeared first on Meissner Tierney Fisher and
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Pamela J. Tillman
The newest “emerging contaminants” of national concern are PFAS — the acronym for thousands of chemicals in the group of perfluoroalkyl and polyfluoroalkyl substances. PFAS are human-made chemicals used in a wide variety of manufactured products in order to resist and repel oil, stains, heat and water, and some studies have associated them with adverse health effects in humans. PFAS are widely referred to as “forever chemicals” due to their persistence and inability to naturally break
Continue Reading Denial of Coverage Under the Pollution Exclusion for Claims Arising out of Exposure to PFAS
Caleb R. Gerbitz
There’s only one date on the Wisconsin Supreme Court’s January oral argument calendar, but it packs a pair of interesting civil cases. Before previewing those cases, this update begins with a look at the court’s first significant products liability decision in over a decade.
Cases Decided
Murphy v. Columbus McKinnon Corp., No. 2020AP1124
Products Liability
Decision Filed: December 28, 2022
Public Citation: 2022 WI 109
For the first time since the legislature codified products liability claims
Continue Reading Wisconsin Supreme Court Update: January 2023
Meissner Tierney Fisher & Nichols s.c. shareholders Thomas J. Nichols, Randal J. Brotherhood and Adam J. Tutaj discuss Wisconsin’s New Business Entity Law (Act 258), which is set to become effective on January 1, 2023. In this second part, they conclude their discussion of Wisconsin’s adoption of the Revised Uniform Limited Liability Company Act and turn to the second major innovation of the New Business Entity Law – the adoption of the Revised Uniform Limited Partnership Act.
Thomas J.
Continue Reading PODCAST: Wisconsin’s New Business Entity Law – Part 2
James M. Sosnoski
The Wisconsin Court of Appeals, as well as the circuit courts, are bound by previous published appellate decisions, which means that they must follow published decisions unless and until those decisions are overruled by the Supreme Court of Wisconsin. This requirement to follow previous decisions, or “precedent,” is commonly referred to as “stare decisis.”
“Dictum”—a shortening of the Latin phrase “obiter dictum”, or “something said in passing”[1]—is an interesting and somewhat amorphous concept related
Continue Reading What is “Dicta” in Wisconsin’s Appellate Courts?