State Bar of Wisconsin

March 18, 2024  – A creditor who waited until after a debtor’s discharge to argue that the debtor’s interest in a company was not worthless waited too long under the bankruptcy rules, the U.S. Court of Appeals for the Seventh Circuit has held in In the Matter of Gregory Kleynerman, No. 22-2947 (Feb. 27, 2024).Gregory Kleynerman and Scott Smith founded Alpha Cargo Technology, LLC (ACT) in 2002. Each man owned one-half the company.In 2009, ACT sold all its
Continue Reading Creditor’s Arguments About Exempt Interest Came Too Late

March 18, 2024 – The Wisconsin Interscholastic Athletic Association arbitrarily applied its own rules by disqualifying a high school wrestler from competing in a regional meet after receiving two unsportsmanlike conduct calls at the prior meet, the Wisconsin Court of Appeals (District II) has held (2-1) in Halter v. Wisconsin Interscholastic Athletic Association, 2021AP525 (Feb. 28, 2024).Judge Maria Lazar wrote the majority opinion, joined by Judge Mark Gundrum. Presiding Judge Lisa Neubauer dissented.Unsportsmanlike ConductOn Feb. 2, 2019, Waterford
Continue Reading Court of Appeals: WIAA Was Arbitrary in Declaring Wrestler Ineligible

March 15, 2024 – Gov. Tony Evers today announced the appointment of State Bar of Wisconsin President-elect Jane Bucher to serve on the Green County Circuit Court (Branch 2), which leaves a vacancy in the president-elect post.

Bucher, a partner at Russell Law Offices S.C. in Monroe, was elected State Bar president-elect in 2023 and was set to become president on July 1, 2024. However, under Wisconsin Supreme Court rules, judges cannot serve as State Bar Officers or members
Continue Reading President-elect Jane Bucher Appointed Judge, Leaving a State Bar Officer Vacancy

March 14, 2024 – Dismissal of a petition for judicial review is warranted where a party failed to physically place the petition in the hands of an agency employee authorized to accept service before the filing deadline ran, the Wisconsin Court of Appeals (District IV) has held in Laughing Cow, LP v. Wisconsin Department of Revenue, 2023AP583 (Feb. 29, 2024).In August 2022, Laughing Cow, LP (Laughing Cow) appealed tax assessments, made by the state Department of Revenue (the
Continue Reading Proper Service Required Petition to be Placed in Hands of Authorized Official

March 14, 2024 – Any injuries that resulted from a company’s majority shareholder creating an employee stock plan and a nonprofit foundation to handle marketing fell on the company and not minority shareholders, the Wisconsin Court of Appeals (District IV) has ruled.As a result, in an unpublished per curiam opinion in Eichoff v. New Glarus Brewing Company, 2022AP1958 (Feb. 22, 2024), the Court of Appeals upheld the dismissal of the minority shareholders’ lawsuit.In 1993, Deborah Carey incorporated New
Continue Reading Dismissal of Minority Shareholder Suit Over Brewery Was Proper

It’s spring, and the legislative session is in full swing in Wisconsin – the perfect time to reflect on some atypical aspects of the Wisconsin health law environment. In no particular order, here are our top picks.

There is no automatic surrogate decision maker for a patient who becomes incapacitated.

This is Amy’s top pick because, in her experience, Wisconsin’s lack of a surrogate decision-maker law adds more stress than patient protection to many end-of-life situations.

Much to the
Continue Reading Four Atypical Aspects of Wisconsin’s Health Law Environment

March 7, 2024 – The proper remedy for a prisoner’s failure to timely submit all the documents required to file a writ of certiorari is dismissal of the writ, the Wisconsin Court of Appeals has ruled in Mitchell v. Buesgen, 2022 AP1076 (Feb. 22, 2024)Artillis Mitchell, an inmate at Stanley Correctional Institute, received a misconduct report in September 2021.A disciplinary committee found Stanely guilty of the two violations and imposed disciplinary separation, as well as restitution. Mitchell appealed
Continue Reading Dismissal of Writ Proper Where Prisoner Missed 45-day Deadline

March 7, 2024 – A proposed judgment that included the word “contempt” in its title was not a motion for contempt when it was filed to enforce the terms of an injunction, the Wisconsin Court of Appeals (District III) has held in an unpublished per curiam opinion in Pine Ridge Wausau, LLC v. Krist Oil Co., 2022AP1793 (Feb. 21, 2024).Pine Ridge Wausau, LLC (Pine Ridge) operates a convenience store in Wausau. Krist Oil Co., (Krist), operates a convenience
Continue Reading Motion that Mentioned ‘Contempt’ Was Not Motion for Contempt

March 7, 2024 – An injured worker who sues under the Federal Employers’ Liability Act need not show that the specific chain of events that led to his or her injury was reasonably foreseeable, the Wisconsin Court of Appeals ruled in Besiada v. Wisconsin Central, Ltd., 2023AP562 (Feb. 21, 2024).Wisconsin Central Ltd., (Wisconsin Central) a rail carrier, employed Bruce Besiada at its yard in Stevens Point.Besiada was required to inspect incoming railcars for defects, including bent handholds. The handholds
Continue Reading Different Standard of Foreseeability under Federal Employer’s Liability Act

March 6, 2024 – Joining a case management order was not enough to bind a group of plaintiffs to summary judgment decisions against other plaintiffs who’d joined the order where no privity between them existed, the U.S. Court of Appeals for the Seventh Circuit has held in Cannon et al. v. Armstrong Containers, Inc. et al., No. 22-2636 (Feb. 9, 2024.)In 2015, the U.S. District Court for the Eastern District of Wisconsin found itself overseeing a spate of lawsuits
Continue Reading Case Management Order Not Enough to Bind Plaintiffs Without Privity

March 6, 2024 – Evidence that a driver had been drinking earlier in the day, had parked illegally, and was drunk when he was arrested was sufficient to sustain a conviction for operating while intoxicated, the Wisconsin Court of Appeals (District IV) has ruled in City of Watertown v. Wiest, 2023AP992 (Feb. 15, 2024).While on patrol in 2021, a City of Watertown (City) police officer saw a truck parked in a no-parking zone on East Main Street shortly
Continue Reading Admission of Drinking, Illegal Parking Sufficient for OWI

In her recent Business Law Blog article, “The DEI Landscape in Law Firms,” Mary Purdy focused on how law firms specifically in the Milwaukee market could establish their diversity, equity, and inclusion efforts. In this article I expand this discussion, by focusing on women in law and the obstacles and opportunities in diversity, equity, and inclusion (DEI) that law firms face on a national scale. Women as the Majority: A Crack in the Glass Ceiling? For the
Continue Reading Breaking Barriers: The Rise of Women in Law Firms and the Shifting Landscape of Legal Associates Across the Nation

Feb. 29, 2024 – A provision in a constitutional amendment that entitles crime victims to “full restitution” does not entitle victims to restitution in the full amount of their damages, the Wisconsin Court of Appeals (District IV) has ruled in State v. M.L.J.N.L., 2021 AP 1437 (Feb. 8, 2024).Three BurglarsM and two other minors broke into several buildings in Dane County and caused major damage. At the time, M was 14 years old.The State filed a delinquency petition
Continue Reading Marsy’s Law Did Not Repeal Limitation on Juvenile Restitution

Feb. 29, 2024 – A Social Security claimant failed to meet his burden to prove that he was disabled without interruption before he turned 22 because he provided no corroborating evidence for gaps in treatment, the U.S. Court of Appeals for the Seventh Circuit has held in Hess v. O’Malley, No. 22-2694 (Feb. 7, 2024)At the age of eight, Todd Hess was diagnosed with attention deficit disorder (ADD), dyslexia, and depression. When Hess was 13, he began suffering
Continue Reading Seventh Circuit: Gaps in Treatment Before Age of 22 Fatal to Social Security Claim

In the vast landscape of legal practice, solo and small law firms stand out as models of accessibility and personalized service.

Smaller firms often provide a level of attention and care that larger firms may struggle to match. However, operating on a smaller scale also presents unique challenges, particularly when it comes to generating a consistent flow of clients.

In this dynamic environment, referral sources emerge as invaluable assets, playing a pivotal role in sustaining and expanding the reach
Continue Reading Nurturing Growth: The Crucial Role of Referral Sources for Lawyers in Solo and Small Firms

State Bar President Dean Dietrich makes a point during the State Bar of Wisconsin’s Board of Governors meeting in Sheboygan on Friday, Sept. 22. File photo.

Feb. 26, 2024 – During a virtual meeting on Friday, February 23, the State Bar of Wisconsin’s 52-member Board of Governors discussed, but took no action on, a proposed budget for fiscal year 2025 (July 1, 2024 to June 30, 2025).

Paul Marshall, the State Bar’s chief financial officer, said that the initial
Continue Reading Board of Governors Discusses FY 2025 Budget