State Bar of Wisconsin​

We are a professional association for Wisconsin lawyers. The State Bar provides educational, career development, and other services to more than 25,000 members. We also provide public services, including attorney referrals, public education, and reduced-fee legal assistance for low-income state residents. Our mission is to improve the administration of justice and the delivery of legal services and to promote the professional interests of Wisconsin lawyers.

Website: https://www.wisbar.org/
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Latest from State Bar of Wisconsin​ - Page 22

Closeup Of A Man's Arm, Clad In A Long Sleeve Shirt, Handing Papers Across A Desk To An Out Of Focus Woman

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

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Continue Reading Proper Service Required Petition to be Placed in Hands of Authorized Official

Three Corporate Stock Certificates Lying Atop Each Other At Angles, Some Printed In Red Ink And Blank Ink, Some Printed In Green Ink and Black Ink

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on the company and not minority shareholders, the Wisconsin Court of Appeals (District IV) has ruled.As a result, in an unpublished per curiam opinion in Eichoff v. New Glarus Brewing Company, 2022AP1958 (Feb. 22, 2024), the Court of Appeals upheld the dismissal of the minority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

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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

A White Man's Hand Placing A White Letter Enveloper In A Metal Mail Box Painted White

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

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Continue Reading Dismissal of Writ Proper Where Prisoner Missed 45-day Deadline

A Vertical Red Signs Displaying Prices for Diesel, Super E10, Super, Super Plus, and Autogas LP Rises Against A Backdrop Of A Convenience Store Sign and Houses In The Distance

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

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Continue Reading Motion that Mentioned ‘Contempt’ Was Not Motion for Contempt

Two Male Workers, Clad In Orange HardHats and Yellow High Viz Vests, Stand Between A Row of Railroad Cars With Their Backs To The Camrea, With The Cars Stretching Away Into The Distance

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

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Continue Reading Different Standard of Foreseeability under Federal Employer’s Liability Act

A Judge's Gavel Lying At An Angle On A Document That Reads Across The Top Class Action Complaint, With Two Iron Cogs Lying Across The Document Below The Gavel

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

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Continue Reading Case Management Order Not Enough to Bind Plaintiffs Without Privity

A Balding White Man Bent Over A Steering Wheel, His Forehead Against His Left Arm, Backlit By Red Light And Viewed Closeup From The Passenger Seat

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

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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

Close Up Wide View From Inside A Office As Someone Smashes A Sledgehammer Through A Glass Door On An Overcast Day

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

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Continue Reading Marsy’s Law Did Not Repeal Limitation on Juvenile Restitution

A Young Sallow-Skinned Man Wearing A Jean Jacket, Leaning Forward In A Chair Across A Coffee Table From A Doctor In A White Coat Holding A Clipboard

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

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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

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Continue Reading Nurturing Growth: The Crucial Role of Referral Sources for Lawyers in Solo and Small Firms

Dean DietrichState 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

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Continue Reading Board of Governors Discusses FY 2025 Budget

In the landscape of American society, the impact of incarceration on families reverberates deeply, yet often remains overlooked.

Startling statistics reveal that, currently, an estimated 6.5 million adults have an immediate family member incarcerated, underscoring the prevalence of this issue.1 To further put it in perspective, one in seven people have had an immediate family member spend one year or longer in prison, while one in 34 people have experienced the anguish of having a loved one incarcerated…
Continue Reading How Attorneys Can Support Families Affected by Incarceration

View of An Attorney In A Dark Suit, Seen From The Elbows Down, Gesturing With His Palms Up Above Papers Strewn Across Counsel's Table In A Courtroom

Feb. 21, 2024 – Wisconsin law did not allow a defendant to withdraw a plea when the difference between the actual maximum penalty and the maximum penalty that was miscommunicated to her was only six years, the Wisconsin Court of Appeals has held.In State v. Gomolla, 2022AP 199 (Feb. 6, 2024), the Court of Appeals District III held that, “despite the defective plea colloquy, the State presented clear and convincing evidence that Gomolla nevertheless understood the potential punishment

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Continue Reading Plea Was Knowing Despite Court’s Misinformation About Maximum Sentence

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