State Bar of Wisconsin

On Feb. 5, 2024, the National Labor Relations Board’s (NLRB) Region 1 director in Trustees of Dartmouth College,1 found that members of the college’s men’s basketball team qualify as “employees” under Section 2(3) of the National Labor Relations Act (NLRA).
Background
The Board in 2015 considered another case regarding collegiate-level student athletes’ employment status: Northwestern University.2 In this case, the Board declined to assert jurisdiction and did not explicitly rule whether student athletes were “employees” under the
Continue Reading ‘Seismic’: NLRB Rules Dartmouth Men’s Basketball Players are Employees

As public interest attorneys, we often represent low-income clients at a low point in their lives, such as during an illness, injury, job loss, incarceration, eviction, divorce, etc. When clients are struggling, it can be helpful to provide resources for as many benefits as they may be eligible for to get them back on their feet. One of these benefits is assistance with their energy bills. Did You Know? According to the
2020 Energy Burden Report by the American
Continue Reading How Energy Assistance Benefits in Wisconsin Can Help Your Clients

In her Business Law Blog article, “The DEI Conundrum for Companies,” Nadelle Grossman explored both obstacles and opportunities that companies face in the area of diversity, equity, and inclusion (DEI) efforts.

In this article, I expand that discussion, noting and commenting on ways that law firms can establish or build upon their DEI efforts to overcome challenges they may have.

Mary E. Purdy, Marquette 2024, is interested in practicing in corporate and business law.

Uncertainty in
Continue Reading The DEI Landscape in Law Firms

Feb. 14, 2024 – The Wisconsin Supreme Court has ordered that the Wisconsin Elections Commission (WEC) place former U.S. Representative Dean Phillips’ name on the 2024 presidential primary ballot.In Phillips v. WEC, 2024AP138 (Feb. 2, 2024) the Supreme Court (per curiam opinion) held that a committee tasked under state law with choosing names for the ballot erred by keeping Phillips off the ballot, because there was no evidence the committee considered whether Phillips was “generally advocated or recognized
Continue Reading Wisconsin Supreme Court Orders Phillips’ Name Placed on 2024 Ballot

Feb. 14, 2024 – Iranian nationals who had their visa applications denied because of their service in the Islamic Revolutionary Guards (IRGC) failed to show that consular officials acted in bad faith, the U.S. Court of Appeals for the Seventh Circuit has ruled in Pak v. Biden, No. 23-1392 (Jan. 31, 2024).
Visa Applications to Be With Family
At different times between 1980 and 2008, Iranian nationals Ali Pak, John Doe 2, Vahid Fatouraee, and Armin Fathinejad completed
Continue Reading Service in Iran’s Revolutionary Guards Sufficient for Visa Denials

Feb. 14, 2024 – A circuit court erred by ruling that whether a party had waived its right to arbitration by its litigation conduct was a decision for the arbitrator rather than the court, the Wisconsin Court of Appeals has ruled.

In U.S. Bank National Association v. Klein, 2022AP920 (Jan. 25, 2024), the Court of Appeals (District IV) distinguished a Wisconsin Supreme Court holding that the issue of whether a party had waived its right to arbitration was
Continue Reading Court of Appeals: Waiver by Litigation Conduct Is Issue for Court, Not Arbitrator

Over the past four years, those in the civil litigation sphere – whether plaintiff or defense counsel – have seen a change in the daily practice of many litigators. Initially, this was out of necessity in early 2020 when, for months, many had to work from home as the world dealt with the COVID-19 crisis. Later, as the post-COVID way of life became the norm, many litigators have incorporated these changes into their regular practice. We Attend More Virtual
Continue Reading Practicing Litigation in the Post-COVID Era


Feb. 5, 2024 – A police dog’s warrantless search of the interior of a vehicle did not qualify for an instinct exception to the Fourth Amendment, the Wisconsin Court of Appeals has ruled.In
State v. Campbell, 2020AP1813 (Jan. 23, 2024) the Court of Appeals District III held that even if Wisconsin law were to recognize an instinct requirement, the exception did not apply because a police officer controlled the dog during the search.Traffic StopIn late 2017, Wisconsin
Continue Reading Canine Vehicle Search Controlled by Police Didn’t Meet Instinct Exception

Feb. 5, 2024 – The prohibition in the Wisconin Fair Employment Act (WEFA) against discriminating against an employee based on an arrest record does not apply to information related to civil charges, the Wisconsin Court of Appeals (District II) has held in Oconomowoc Area School District v. Gregory L. Cota, 2022AP1158 (Jan. 10, 2024).Presiding Judge Mark Gundrum wrote the majority (2-1) opinion, joined by Shelley Grogan. Judge Grogan wrote a concurrence and Judge Lisa Neubauer dissented.Brothers FiredThe Oconomowoc
Continue Reading WEFA Ban on Considering Arrest Record Limited to Criminal Charges

Feb. 5, 2024 – A Wisconsin Court of Appeals decision that a judge’s ex parte message to a jury containing unchallenged factual information was harmless error is not a violation of clearly established federal law, the U.S. Court of Appeals for the Seventh Circuit has ruled in Jewell v. Boughton, No. 22-3082 (Jan. 22, 2024).As C.F. was walking from a Milwaukee tavern to her car in 2015, a man threatened to shoot her if she didn’t give up
Continue Reading Court’s Ex Parte Message on Unchallenged Testimony Didn’t Violate Federal Law

As many labor attorneys predicted, 2023 was a huge year for labor organizations in the U.S. We saw a continued uptick in union organizing campaigns and high profile strikes in the health care, auto, and film industries.

In 2023, we saw several remarkable wins at the bargaining table for unions, and significant legal decisions favoring organized labor from the National Labor Relations Board (NLRB).
Strikes and Organizing Campaigns
Health care organizations have not been immune to the rise of
Continue Reading The Rise of Labor in Health Care: Labor Law Developments in 2023

Simply defined, human trafficking is the exploitation of human beings for someone else’s gain, according to Erika Petty, executive director at Milwaukee-based Lotus Legal Clinic, a nonprofit that provides free legal services exclusively to victims of human trafficking.

As you’ll discover in Episode 16 of the Bottom Up podcast, produced by the State Bar of Wisconsin, while human trafficking can be simply defined, the complexity of the issue spans the nation and the globe, and hits home right here
Continue Reading Bottom Up Episode 16: Helping Victims of Human Trafficking, a Hidden Crime, with Erika Petty

Jan. 30, 2024 – A fraudulent email scam is currently targeting State Bar of Wisconsin members.

A third-party entity has registered a deceptive domain,
member-wisbar.org, which closely mimics the State Bar’s official domain. This entity is sending emails containing malicious attachments, masquerading as communications from the State Bar of Wisconsin.

The State Bar of Wisconsin is committed to the safety and security of all members. In taking precautions, here are some key points to note:

  • Email Origin: The fraudulent


Continue Reading Scam Alert: Beware of Email Scam Targeting State Bar of Wisconsin Members

Jan. 27, 2024 – The Wisconsin Court of Appeals did not misapply U.S. Supreme Court precedent by ruling against a defendant who argued that he’d invoked his right to remain silent when he said he had nothing to say about a homicide, the U.S. Court of Appeals for the Seventh Circuit has ruled.

In Wesley v. Hepp, No. 22-2968 (Jan. 5, 2024), a three-judge panel for the Seventh Circuit Appeals Court held that the defendant’s statement was equivocal
Continue Reading ‘Nothing to Talk About’ Not Enough to Invoke Right to Remain Silent

For the past several years, the Department of Children and Families (DCF) has researched models that promote family engagement with parent experiences in the child welfare system to effect change. DCF explored many different models, and selected Iowa’s Parent Partner Model to adapt in Wisconsin because of its many potential benefits as well as for the ability for Wisconsin to contribute to the research base. Parents Supporting Parents in Wisconsin The Wisconsin Parent Partner Model, known as Parents Supporting
Continue Reading Invaluable: Wisconsin’s Parent Support Program

Emma Lou Hawley, Justis Hagberg, Laura Niesen, and Jonathon Bennett Young (from left) were among the 17 attorneys admitted to the State Bar on Jan. 23, 2024. For more photos of the event, visit the photo album on the State Bar of Wisconsin Facebook page. Photos: Jeff M. Brown.

Emma Lou Hawley, Justis Hagberg, Laura Niesen, and Jonathon Bennett Young (from left) were among the 17 attorneys admitted to the State Bar on Jan. 23,
Continue Reading State Bar Welcomes 17 New Attorneys Through Diploma Privilege