With the April 2023 election, an incredibly general, state-wide advisory ballot question about people on welfare needing to work passed by wide margins.

The Wisconsin legislature has taken that passage as a message to suddenly revamp and fine tune unemployment eligibility without actually fixing any of the problems with unemployment claim-filing in this state.

First some background.

It is vital to know that unemployment claim-filing is now in 2023 much, much different from what used to occur.

Year Claimants…
Continue Reading Legislature pushes a bunch of no-reform unemployment proposals

Many clients wonder who is responsible for planning their funeral, selecting burial or cremation, and making other arrangements after their death.  Some clients ask what happens if family members disagree about these matters.

In Wisconsin, there is a default law that dictates who has the authority to make these decisions after your death.  The default law provides that the following individuals, in order of priority, have the authority so long as the individual is at least age 18 and…
Continue Reading Who Plans My Funeral?

As a business owner, you are no doubt very busy: you are building your brand, perhaps considering applying for applicable trademarks, contracting with clients and vendors, or even considering selling or buying a business. Some of the small details associated with these events can seem trivial and unnecessary. When clients approach business lawyers with these situations, they sometimes ask about certain aspects of the processes: “Is this necessary? Can I just skip it?” I will detail in this post…
Continue Reading “Can I Just Skip It?” 

State v. Antwan Eugene Gill, 2022AP654-Cr, 4/6/23, (1-judge opinion, ineligible for publication), case activity (including briefs)
Gill was convicted for possession of THC and for operating a vehicle with a detectable amount of THC in his blood.  He argued that his trial lawyer was ineffective for failing to move for suppression of the results of field sobriety and blood tests and for failing to exploit inconsistences between an officer’s testimony and his report and squad-cams footage.  The court…
Continue Reading COA denies IAC claims re failure to move for suppression and to cross-examine officer effectively

April 11, 2023 – Defense counsel’s decision to rely on a reasonable doubt defense and not mount a third-party perpetrator defense did not constitute ineffective assistance of counsel, the Wisconsin Supreme Court has held.In State v. Mull, 2023 WI 26 (April 4, 2023), the supreme court held (6-1) that defense counsel’s failure to object to a hearsay statement linking the defendant to the crime did not amount to ineffective assistance of counsel.Justice Patience Roggensack wrote the majority opinion,…
Continue Reading Failure to Mount Third-Party Perp Defense Not Ineffective Assistance of Counsel

April 11, 2023 – A member of two LLCs failed to state a claim for relief when he sued over an allegedly fraudulent real estate transaction to which he was not a party, the Wisconsin Supreme has held.In Pagoudis v. Keidl, 2023 WI 27 (April 4, 2023), the supreme court held (5-2) that only the LLC that was a party to the real estate contract stated legally sufficient claims.Justice Jill Karofsky wrote the majority opinion, joined by Chief…
Continue Reading Member of LLC that Purchased Property Failed to a State Claim

The latest episode of the Wisconsin Law in Action podcast from the UW Law Library features Elizabeth Manriquez, Head of Reference and Scholarly Support and manager of the UW Law School Digital Repository.  She joins host Kris Turner to discuss the numerous collections and features of our repository, as well as several new and upcoming collections.  Manriquez also provides insight into the future of scholarly communications and information discovery.

Last month, the Digital Repository celebrated its 5th…
Continue Reading WI Law In Action Podcast: Elizabeth Manriquez on the UW Law School Digital Repository

Earlier today, April 10, 2023, HUD announced that two of its housing partners reached a $3 Million settlement with a California property management company and more than 30 owners who were discriminating against families with children by prohibiting any outdoor play activities and requiring adult supervision of all children under the age of 14 years in all common areas.  Its was alleged that tenants who violated those rules faced the threat of eviction.  This discrimination allegedly occurred at more than 48 apartment…
Continue Reading HUD Announces $3 Million Dollar Settlement with California Landlords for Discriminating Against Families With Children By Requiring Supervision and Prohibiting Outside Play

The recent proposal by the Environmental Protection Agency (EPA) to designate two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the federal Comprehensive Environmental Response, Contamination, and Liability Act (CERCLA or “Superfund”) promises to provide greater information concerning the release of PFAS into the environment, as well as powerful tools to require the cleanup and recover costs for such releases.

However, because of the ubiquity of these so-called “forever chemicals,” the proposed designation also raises a number of…
Continue Reading Implications of the EPA’s Proposed Rule Designating PFAS as Hazardous Substances

The April oral argument calendar for the moment appears to be the last of the term for the Wisconsin Supreme Court, and there’s only one civil case on it. Meanwhile, we have three civil decisions to review, touching on issues ranging from real estate, to public employment, to insurance. Read on for all the latest from Wisconsin’s highest court.
Cases Decided
Casanova v. Polsky, No. 2019AP1728 & 2019AP2063

Real Estate

Decision Filed: March 16, 2023

Public Citation: 2023 …
Continue Reading Wisconsin Supreme Court Update: April 2023

Funding your trust is the crucial step to making sure your estate plan works when the time comes. If you have an estate plan, you’ve already taken a crucial step in ensuring that your assets and property are distributed according to your wishes after you pass away. However, simply creating an estate plan is not enough. One of the key elements of a comprehensive estate plan is funding your trust.
Why Funding Your Trust is So Crucial
Funding a …
Continue Reading Funding Your Trust: The Crucial Part of Your Estate Plan

As people grow older, they tend to become more vulnerable to a wide range of physical injuries. Falls are one of the most common causes of injuries among elderly adults. Unfortunately, fall injuries can often be attributed to nursing home neglect or abuse. For family members of nursing home patients, it is crucial to understand when and how fall injuries can occur due to abuse or neglect. Some common issues that can lead to falls in nursing homes include:…
Continue Reading Fall Injuries Can Occur Because of Nursing Home Neglect or Abuse

Law theme, mallet of the judge, law enforcement officers, evidence-based cases, and documents taken into account.

State v. Robert K. Nietzold, Sr., 2023 WI 22, 03/28/2023, reversing an unpublished court of appeals opinion; case activity (including briefs)

Pursuant to the plea agreement, the state agreed to “not recommend a specific term of imprisonment.” At sentencing, the state argued for 27 years imprisonment, consisting of 12 years initial confinement and 15 years extended supervision. Nietzold objected, was denied a postconviction motion hearing in the circuit court, but the court of appeals reversed and ordered…
Continue Reading Unanimous SCOW Holds that State “Cured” Plea Breach and Reverses COA Order for Resentencing

We received a subpoena for a former manager to attend a court hearing. When we informed the requesting attorney that the manager no longer works for us, he verbally asked us for the former employee’s home address. Should we provide that information based on a verbal request?
There are a few things that need to be addressed to answer this question. The answer is dependent upon certain facts and circumstances, including whether and how the legal matter involves your…
Continue Reading Your Obligations if You Receive a Subpoena for a Former Employee

For as long as there have been independent insurance agencies, agencies have relied upon customer service representatives (CSRs) and other unlicensed employees to assist in their day-to-day operations.  These unlicensed employees have become critical to the ongoing success of independent insurance agencies.  Some unlicensed employees simply greet clients and answer the telephone; others, typically referred to as CSRs, undertake additional duties.  The more experienced, helpful, and crucial these employees become to the operations of the agency, the more likely…
Continue Reading The Dos and Don’ts of Unlicensed Customer Service Representatives and Employees

Internet and cyber security concept

The Wisconsin Court of Appeals allows negligence claims against businesses for cybersecurity attacks to move forward but holds that invasion of privacy claims require intentional conduct.

In the age of technology, more businesses are choosing to store their records in electronic databases for a variety of reasons, such as reducing paper files or to centrally locate information. It is likely that those electronically stored records contain personally identifiable information (PII) such as bank account records, social security numbers, driver’s…
Continue Reading Wisconsin Court of Appeals Allows Negligence Claims for Cybersecurity Attacks, Holds that Invasion of Privacy Claims Require Intentional Conduct