Truck accidents can be devastating. Physical injuries, emotional trauma and financial hardship are just some of the difficulties waiting if you get involved in one. If you are a worker who got injured while on duty, you will likely face a lot more than that. Since your livelihood is at stake, you may struggle to support yourself and your family.
Financial implications of a truck accident
When a truck accident occurs, it can have serious financial implications for the
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As Deadliest Opioid Gets ‘Even Deadlier,’ Care Opportunities Emerge
On April 13, 2023, the White House took the unprecedented step of declaring xylazine-laced fentanyl an official emerging drug threat to the nation. The declaration is to be followed by a focused, 90-day response to this drug combination. While fentanyl is well known and ripe for diversion in health care settings, lesser-known xylazine, also called “tranq,” is a veterinary sedative used illicitly as a low-cost cutting agent to extend a user’s high. New stories accompanying the White House’s announcement
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Understanding the Legal Landscape of NIL (Podcast)
Frieser Legal Principal Attorney Joshua Frieser joined NIL Network‘s Michelle Meyer to discuss the legal landscape of Name, Image, and Likeness in college athletics, including current challenges, what athletes should look for in a contract, and what to expect over the next few years.
The post Understanding the Legal Landscape of NIL (Podcast) appeared first on Frieser Legal | Sports Law | NIL.
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What are Riparian Rights & Why are They Important?
It is that time of year again. Summer is around the corner, and lakefront and riverfront property owners all across the state are starting to think about when to get their piers back in or what day they want to drop their boat in. Inevitably, this time of year is when neighbors old and new may start to interfere with other waterfront property owners’ rights to access the water. One of the many issues surrounding lake and river property
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Show Your Strength: Ask for Help – A WisLAP Story
Overwhelmed with anxiety and depression, Peter J. Carman for a time considered quitting the legal profession after years of being in practice. A call to the State Bar’s Wisconsin Lawyers Assistance Program (WisLAP) changed that. The volunteer lawyer on the other end of the phone helped “talk me off the edge” says Carman. He shares his experience as both an attorney who received help from WisLAP and now as a volunteer with that program helping other lawyers.
The Wisconsin
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More Employees Sue Workplace Wellness Programs
On February 24, 2023, Leanne Diment, on behalf of a proposed class of employees of Quad Graphics and Rise Interactive Media & Analytics, sued her employer for violating the Americans with Disabilities Act (ADA). Specifically, she alleges that her employer forced her to undergo a biometric screen with her physician to avoid having to pay over $1800 more each year in health insurance premium. See Complaint, dkt. #1, Diment v. Quad Graphics, Inc. Case No. 23-cv-1173 (N.D. Ill.
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The McKinney-Vento Act: Maximizing School Stability for Homeless Youth
In the 2021-22 school year, the Wisconsin Department of Public Instruction recorded 16,454 (nearly 2%) of students as being homeless. This is an increase from the 2020-21 school year, which recorded 13,431 (1.6%) of Wisconsin students as homeless. This already too-high number is likely an undercount, as “for a variety of reasons, some young people don’t report that they are homeless.”1 Homelessness for youth correlates to poorer outcomes for emotional and physical health, lower school achievement, and increased dropout
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The November 2022 public hearing
At the January 2023 meeting of the Advisory Council, the Department presented the public testimony from the November 2022 public hearing. As has happened in the past, there was no discussion or examination of that testimony.
Note: Examination of the last three unemployment public hearings and the testimony provided in 2020, 2018, and 2016 are available: Recap of the 2020 public hearing, Advisory Council meeting — 17 Jan. 2019, and Winter work search concerns.
Can Identical Trademarks Co-Exist?
What happens when two trademarks have the same spelling? Can they coexist? The answer is yes, but with some caveats.
The Trademark Act provides for a system of trademark classes to categorize goods and services. Classes 1-34 cover goods, while classes 35-45 cover services. The use of the same trademark is permissible across different classes, as long as there is no likelihood of confusion among consumers. For example, “Delta” can be used by both Delta Airlines and Delta Faucets
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Legalizing Marijuana: Its Impact on Lawyers – and Insurance
As marijuana becomes big business, it may be time for Wisconsin lawyers to take another look at the industry.
As Wisconsin Public Radio reporter Shawn Johnson wrote in a Dec. 21, 2022, article, “Wisconsin is on its way to becoming an island among Midwest states when it comes to recreational marijuana. Already, marijuana is legal in Illinois and Michigan, and Minnesota Gov. Tim Walz, a Democrat, said his state would pass a bill to legalize marijuana by May.”
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“Baby’s rights was the watchword.”
“Baby’s rights was the watchword.”
Maria Goodell Frost, speaking of her sister Lavinia as an infant
On May 2, 1839, Rhoda Lavinia Goodell was born in Utica, New York.
A previous post recounted her father’s letter informing his father-in-law about the birth. Lavinia’s sister, Maria, who was twelve years old at the time, reminisced about the event in her unpublished biography of Lavinia:
Thursday, the 2nd day of May 1839 was ushered into the household a being who seemed
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Defamation: Lessons from Dominion v. Fox News
On April 18, 2023, on the eve of trial, Dominion Voting Systems and Fox News Network agreed to settle Dominion’s Delaware defamation lawsuit against Fox News[1] based on statements made on Fox News that Dominion rigged the 2020 U.S. presidential election.[2] It was soon reported that Fox News had agreed to pay Dominion $787.5 million to settle the case.[3]
Everyone has heard the adage, “sticks and stones may break my bones, but words can never hurt
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COA holds error in information didn’t invalidate repeater enhancer
State v. Steven M. Nelson, 2021AP843-845, 4/4/23, District 3 (not recommended for publication); case activity (including briefs)
Nelson pleaded guilty to possessing meth as a repeater. He was eligible for the repeater enhancement because, on November 15, 2017, he’d been convicted of being a felon in possession of a firearm in Barron County Case No. 2017CF307. The information in this case noted the Barron County prior, but erroneously said it was another conviction for possessing meth. Postconviction and
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Defense win! Seventh Circuit affirms habeas grant, holds right to counsel attaches when CR-215 form completed
Nelson Garcia, Jr., v. Randall Hepp, No. 21-3268, 4/25/23, affirming Nelson Garcia, Jr. v. Brian Foster
A long line of Supreme Court cases holds that a criminal defendant’s right to counsel attaches when he or she becomes a criminal defendant: when he or she is formally accused of a crime. Most recently, in Rothgery v. Gillespie County, 554 U.S. 191 (2008), the Court applied this rule to conclude that the defendant had the right to counsel when
Continue Reading Defense win! Seventh Circuit affirms habeas grant, holds right to counsel attaches when CR-215 form completed
Supreme court will review mine-run reasonable suspicion case
State v. Donte Quintell McBride, 2021AP311-CR, state’s petition to review an unpublished court of appeals decision granted, 4/18/23; case activity (including briefs, PFR, and response to PFR)
Issues (from the State’s PFR):
1. When reviewing a motion to suppress, what is the proper application of the “clearly erroneous” standard of review?
2. Was the seizure and subsequent search of McBride constitutional where police observed two people sitting in an unilluminated SUV, which appeared to obstruct traffic, late at
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Keeping Construction Workers Safe in the Face of Climate Change and Extreme Heat
It’s May 1st, which means it’s the beginning of construction safety week. It’s also the day those of us living in Wisconsin can begin to believe we won’t see snow again for at least a few months. And while we’re all looking forward to warmer days ahead, we also have to prepare for days that are too hot – and too many of those “too hot” days. Climate models indicate that Wisconsin is going to face many more days
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