State Bar of Wisconsin

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Agricultural Law & Rural Practice | Solo Small Firm & General Practice Section
Bottom Up | A WisLawNOW Podcast
Business Law Blog | Business Law Section
Children & the Law Section Blog | Children & the Law Section
Construction Blog | Construction & Public Contract Law Section
Criminal Law Section Blog | Criminal Law Section
Dispute Resolution Section Blog | Dispute Resolution Section
Elder Law & Special Needs Section Blog | Elder Law and Special Needs Section
Environmental Law Section Blog | Environmental Law Section
Family Law Blog | Family Law Section
Health Law Blog | Health Law Section
International Practice Blog | International Practice Section
Labor & Employment Law Blog | Labor & Employment Law Section
Litigation Blog | Litigation Section
Nonresident Lawyers Blog | Nonresident Lawyers Division
Public Interest Blog | Public Interest Law Section
Real Property Probate & Trust Law Blog | Real Property, Probate, and Trust Law Section
Sua Sponte | Appellate Practice Section
Taxation Law Blog | Taxation Law Section
WisBar Court Review
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State Bar of Wisconsin

Latest from State Bar of Wisconsin

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Sept. 6, 2024 – A plaintiff’s failure to honestly and meaningfully address a question of appellate jurisdiction under
28 U.S.C. section 2107 rendered his appeal frivolous, the U.S. Court of Appeals for the Seventh Circuit has ruled in
Upchurch v. O’Brien, 22-2541 (Aug. 6, 2024). As a result, the Seventh Circuit held, sanctions under
Federal Rule of Civil Procedure (FRCP) 38 were appropriate. The Great Outdoors Timothy O’Brien and his wife Margaret owned a resort on Catfish…
Continue Reading Failure to Address Jurisdictional Issue Rendered Appeal Frivolous

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Aug. 29, 2024 – Whether the right to counsel had attached at a probable cause hearing wasn’t a settled matter of law, meaning an attorney wasn’t deficient when he failed to object to a lineup identification that occurred without counsel present, the Wisconsin Court of Appeals (District I) has ruled in

State v. Robinson​, 2020AP1728 (Aug. 6, 2024). On Dec. 18, 2017, a man walked into a U.S. Bank branch on West Capitol Drive in Milwaukee and slipped…
Continue Reading Failure to Object to Post-hearing Lineup Identification Not Deficient

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Aug. 29, 2024 – The FBI was not required to seek a warrant before obtaining cell phone data on an armed man heading toward the site of civil unrest because of exigent circumstances, the U.S. Court of Appeals for the Seventh Circuit has held in
U.S. v. Karmo, No. 23-1082 (July 31, 2024). Civil unrest broke out in Kenosha on Aug. 23, 2020, after the police shot a Black man while attempting to arrest him. Michael Karmo and…
Continue Reading No Warrant Required for Cell Phone Data of Armed Man Heading Toward Unrest

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Aug. 29, 2024 – In a case of first impression, the Wisconsin Court of Appeals (District III) has applied the other-acts evidence statute to a sexual assault case. In State v. Hill, 2022AP1718 (Aug. 6, 2024), the Court of Appeals held that the analysis for admitting other-acts evidence under State v. Sullivan, 216 Wis. 2d 768, 576 N.W. 2d 30 (1998), doesn’t apply to prior conviction evidence sought to be admitted under section 904.04(2)(b). In August 2022, the Douglas…
Continue Reading Sullivan Test Inapplicable to Prior Conviction Evidence in Sexual Assault Cases

Certainties of life include birth, death, and taxes, and for attorneys, continuing legal education (CLE) reporting requirements.​ CLE credits are a critical constant for attorneys, not just a duty as part of being a professional, but essential for maintaining a professional edge and upholding standards of competence and responsibility. Previous articles,
like this one from Nov. 15, 2023,
InsideTrack, discuss various methods for earning CLE credit that you may not know about, such as: Whether you are a…
Continue Reading Paths to CLE Opportunities

In November 2023, seven unions filed suit in Dane County Circuit Court returning to do battle against a familiar foe: 2011 Wisconsin Act 10. The suit seeks to have Act 10 blocked, arguing that it violates the Wisconsin Constitution’s equal protection clause. On July 3, 2024, the court rejected a motion to dismiss the case and “declare[d] those provisions of [Act 10] relating to collective bargaining modifications unconstitutional and void.” The battle over Act 10 is, perhaps unsurprisingly, far…
Continue Reading New Challenge to Act 10 Overcomes Dismissal and Appears Headed for State Supreme Court

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​​Aug. 20, 2024 – A party alleging the State Bar of Wisconsin uses membership dues to fund political and ideological activities cannot seek money damages, under a
recent ruling from the U.S. District Court for the Eastern District of Wisconsin.Atty. Daniel Suhr, represented by the Wisconsin Institute for Law and Liberty (WILL), filed a complaint in December 2023, alleging that the State Bar’s mandatory status is unconstitutional because, Suhr alleges, the State Bar uses membership dues to fund political…
Continue Reading Litigation Update: State Bar Will Vigorously Defend Keller Procedures

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Aug. 13, 2024 – A company that twice promptly re-assigned an employee after he’d complained about racial harassment by his supervisors did not create a hostile work environment, the U.S. Court of Appeals for the Seventh Circuit has ruled in Clacks v. Kwik Trip, Inc., No. 23-1983 (July 24, 2024).In June 2018, Kwik Trip, Inc. (Kwik Trip) hired Stanford Clacks, a Black man, as a truck driver at its distribution center in La Crosse.Clacks second trainer, Tom Roerkohl,…
Continue Reading Prompt Re-assignment Defeats Claims of Hostile Workplace

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Aug. 13, 2024 – Statements from a juvenile who was subjected to psychological pressure by police in three interviews conducted over 26 hours must be suppressed, the Wisconsin Court of Appeals (District IV) has ruled in State v. Kruckenberg, 2023AP396 (July 25, 2024).

At 2 a.m. on Jan. 9, 2021, the police went to a residence in Albany to check out a report of a missing newborn.

The police learned that C.D., age 14, had four days earlier…
Continue Reading Police Pressure on Juvenile Requires Suppression of Statements

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Aug. 13, 2024 – A district court did not err by denying a motion for sanctions against attorneys for plaintiffs who sued a company with an inaccurate timekeeping system, the U.S. Court of Appeals for the Seventh Circuit has ruled in Mazurek v. Metalcraft of Mayville, Inc., No. 22-1743 (Aug. 2, 2024).Judge Candace Jackson-Akiwumi wrote the majority opinion, joined by Judge Michael Scudder. Judge Thomas Kirsch dissented.In October 2017, Richard Mazurek filed a Fair Labor Standards Act (FLSA)…
Continue Reading Plaintiffs’ Memories of Labor Violations Sufficient to Avoid Rule 11 Sanctions

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Aug. 13, 2024 – The Wisconsin Elections Commission (WEC) properly applied a substantial compliance standard when accepting nomination papers that were blurred and omitted some words, the Wisconsin Court of Appeals (District I) has ruled in Hess v. WEC, 2023AP1350 (July 30, 2024).In the spring of 2023, Paul Melotik began circulating nomination papers after Gov. Tony Evers called a special election to fill a vacancy in State Assembly District 24.On May 23, 2023, Melotik submitted the nomination papers,…
Continue Reading Blurry Nomination Papers Complied With Statutory Requirements

The 2023-24 Wisconsin legislative session concluded months ago. It began like the 2021 -22 session ended, with a Democratic governor, large Republican majorities in both houses, and a $4 billion state budget surplus. Over 2,000 bills were introduced, with less than 12% becoming law, and Gov. Tony Evers continued his record-setting veto pace.

Despite that, some construction-related ideas became law.
2023-25 State Budget
The state budget deliberations take up most of the first half of odd-numbered years,…
Continue Reading More Heat than Light: New Laws Affecting the Construction Industry

In 1962, the Wisconsin Supreme Court issued a decision in
Holytz v. City of Milwaukee.1 The case, a watershed decision for Wisconsin’s highest court, held that cities and other governmental arms and agencies can be sued for damages in court pursuant to the respondeat superior doctrine.2 Shortly after the decision was issued, the Wisconsin Legislature responded in kind with the passage of Wis. Stat. section 893.80.3 Section 893.80’s most important function from the municipal perspective is…
Continue Reading Statutory Notice Requirements for Claims against Wisconsin Governmental Bodies and Employees

It’s a Sunday Night. Dinner is done and you’re winding down and getting ready for another week ahead.
You decide to scroll social media when you see a post from a distraught mother of two young children asking some legal questions on a public forum. You scroll through the comments from a wide array of people and notice a plethora of information being provided to the young, frantic woman – none of which is correct.

As a family law…
Continue Reading Should You Respond to Bad Legal Advice on Social Media?

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Aug. 6, 2024 – Former State Bar of Wisconsin President Michelle Behnke was elected ABA President-elect at the end of the ABA’s annual meeting in Chicago on August 6.​“Congratulations to Michelle Behnke on her election as American Bar Association President-elect,” said State Bar of Wisconsin Executive Director Larry Martin. “Her extensive experience in the ABA and her tenure as a trailblazing State Bar President will serve the ABA and it’s 400,000 members well.”

Behnke served as president of the…
Continue Reading Michelle Behnke Elected American Bar Association President-elect

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August 5, 2024 – Wisconsin’s “right to farm” law does not bar a lawsuit over the alleged failure to repair an agricultural drainage tile system, the Wisconsin Court of Appeals (District IV) has ruled in

Buchholz v. Schmidt, 2023AP1400 (July 18, 2024)Ben Buchholz and Steven Schmidt owned farmland in Dodge County.A road separated the Buchholz and Schmidt properties. A culvert running beneath the road carried stormwater from Buchholz’s property over Smith’s property and into a drainage way.Buchholz and…
Continue Reading Right-to-Farm Law Doesn’t Bar Lawsuit Over Private Drain Tile