A Wisconsin ski resort received a mixed decision from the Wisconsin Court of Appeals in
Schabelski v. Nova Casualty Company.1 The decision provides some important lessons regarding releases in Wisconsin, and again shows how challenging it can be to convince a Wisconsin court to dismiss a personal injury claim entirely based on a waiver agreement. Background: Experienced Skier Agrees to a Waiver, Falls from Chairlift Kathleen Schabelski went to a small, Wisconsin ski area (Sunburst Ski Resort), and
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Solo Small Firm & General Practice Section | State Bar of Wisconsin Blogs
Latest from Solo Small Firm & General Practice Section | State Bar of Wisconsin
Avoid Bankruptcy: Be Safe on the Lake this Summer
It is summer and vacation time, and many people will be heading to rural Wisconsin lakes and rivers. With over 600,000 registered vessels in Wisconsin, and more than 300,000 nonresident boats, we can expect a number of injuries and even deaths. We average about 20 fatalities from boating accidents each year.
Injuries and deaths lead to lawsuits, and lawsuits often lead to bankruptcy.
Injured parties facing a bankruptcy filing by a tortfeasor explore their options to avoid having the
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Withdrawal: How to Avoid Those Messy Ethics Issues
Representing your client can often be a delicate balance, especially when your client is difficult or unpredictable. There are circumstances under which an attorney is required to withdraw from representation.1 In other circumstances, attorneys may withdraw from representation if the withdrawal can be accomplished without material adverse effect on the interests of the client.2
Attorneys will inevitably encounter situations requiring or permitting withdrawal. Screening potential clients, setting client expectations, and communication are key to setting an outline
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UW’s Lawyering Skills Program Helps Students Learn ‘Real-World’ Skills
The Lawyering Skills Course at the University of Wisconsin Law School is a unique opportunity for students to learn how to practice law in the “real world.” Students learn legal skills from practicing lawyers from all over Wisconsin through simulation.
Each spring semester, 2L and 3L students are exposed to nine substantive areas of legal practice. This all-inclusive course is taught by practitioners and reveals the day-to-day work of practicing lawyers.
About the Course
The course has been an
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Lawyers: Advice to Help Your Bankruptcy Clients Take a ‘Fresh Start’
A bankruptcy filing is intended to give debtors a financial “fresh start.” However, debtors’ financial futures are only as good as what they can make of it. Fortunately, former bankruptcy debtors have many steps, options, and resources to make the most of their fresh start, and continue the road to financial independence.
Here are a few:
First: Get Serious About Personal Finances
The most important first step for debtors emerging from bankruptcy is to get serious about their personal
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Amending the Wisconsin Constitution: A Brief How-to Guide
Fed up with the way state government works? Convinced that the Wisconsin Constitution insufficiently protects certain individual liberties? Convinced you’re the guy or gal destined to lead a movement to amend our Constitution, but unsure of the process? If so you’re in luck. Here’s a brief “how-to guide” to amending the Wisconsin Constitution.HistoryThe Wisconsin Constitution was debated and drafted in a constitutional convention that ran from December 1847 to February 1848, and the product of that convention was
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Protecting Private Landowners: Recreational Immunity in Wisconsin
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
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A Corn Maze of Insurance: Agritourism, Immunity, and Liability
Once upon a time (did I really start an article that way?) pumpkin farms were few and far between. The farmers usually just placed a few rows of pumpkins of increasing size near the farm’s driveway, modestly priced their product, and sold the pumpkins for cash only.
The farms certainly weren’t the commercial extravaganzas they are today, with everything from pumpkins and caramel apples, to food markets that include fanciful soaps and pick-your-own floral bouquets. Add a petting zoo
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Are Farm Bankruptcies Down in 2021?
Farm bankruptcies are down according to an excellent article appearing in Market Intel. Farm Bureau Senior Economist Veronica Nigh analyzes Chapter 12 filings around the country and points out that such filings for the year ending June 30, 2021, are the lowest since 2015.
While that would normally be considered good news, we believe it is somewhat misleading.
In fact, we believe farm bankruptcies are not down at all. Instead, we conclude that more farmers are filing under
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Anti-bias Training: Critical for All Lawyers
Bias is not limited to major issues such as race and gender. Bias is present in many other areas, such as our educational background, where we live, and how we dress.Did you attend U.W., Marquette, or an out-of-state law school? We are judged on where we practice. Are you based in a rural county or an urban one? We are evaluated on our very own appearance. Do you have a thin and wispy or large and burly build? Are
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Small Business Lessons: You’ve Got Mail
This article was originally published on the Melnick & Melnick law blog and is used here with the author’s permission.
I love a good rom-com. And You’ve Got Mail is one of the best, for sure in my top 10. Meg Ryan and Tom Hanks, virtual romance (over email and a dial-up modem), and in New York City – need I say more?
But there is more. Kathleen Kelly (Meg Ryan) owns a small business, a charming children’s bookstore
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Proposed Cannabis Legislation: What's in it for Rural Wisconsin?
Currently, Wisconsin law provides stiff (some might even say draconian) penalties for the possession, sale or use of cannabis for either recreational or medicinal purposes.
For example, if a Wisconsin farmer grows 201 cannabis plants on a small plot of land or if the farmer were to possess a small “bail” of cannabis weighing just over 22 pounds with a plan to sell it to friends or cancer patients, current Wisconsin law provides that he or she could be
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Considerations for Farm Clients on the Ever-changing Tax Code
The Biden administration has rolled out its proposed changes to the tax code, which departs significantly from the tax policies enacted during the Trump administration.
Famers and small-business owners should be aware of the proposed changes, because the proposal has the potential to translate into higher annual taxes.
Importantly, before any proposed tax plan can become law, it must obviously be passed by Congress. The new tax proposals, if passed into law, will affect how attorneys and tax professionals
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Plan Ahead or Pay the Costs: Terminating an Agricultural Tenancy
Leasing farmland is a common practice that can be a profitable venture for nonoperating rural land owners. In 2014, a total of 4,670,320 acres of agricultural land in Wisconsin was rented out, with landlords received rents totaling $579,953,000.1
However, these agricultural leases can cause issues when the landowner’s circumstances change – for example, when they wish to the sell their property or lease to a different tenant. In these cases, it is often necessary or desirable to terminate
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Lending a Helping Hand to Wisconsin’s Farming Community
Earlier this year, I attended an annual conference on bankruptcy, debtor, and creditors’ rights issues – as I have annually for 15 years.
A featured speaker at the conference was Jeff Ditzenberger, a farmer who makes it his mission to assist individuals with their mental health issues. Ditzenberger is founder of the Talking, Understanding, Growing, Supporting (T.U.G.S.) program for mental health.
During his presentation, Ditzenberger talked about the growing need for mental health care – not only for farmers, but
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It's Harvest Season: May a Farmer Drive That Thing on the Road?
My rural house backs up to a county highway, the other side of which is one of many cornfields.
The highway is frequently used by a local farmer to access his fields with his tractor and many implements. Whenever a tractor roars past hauling a tank filled with manure, my wife and I laughingly declare, “Here comes the s**t spreader!”
This scene is a common one in Wisconsin – especially this time of year when it is harvest season.
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