Jan. 14, 2022 – A presumption against granting custody to an abusive parent can only be overcome with proof that the parent has completed treatment for batterers from a certified program or from a certified provider, the Wisconsin Court of Appeals has ruled.In
Valadez v. Valadez, 2020AP1006 (Dec. 29, 2021), the Court of Appeals District II held that a circuit court erred in concluding that an abusive parent had overcome the presumption against granting him custody by completing
Continue Reading Court Erred by Ruling That Non-Certified Treatment Overcame Custody Presumption
Mention of ‘Uncorroborated’ Testimony Violated Defendant’s Right Against Self Incrimination
Jan. 14, 2022 – A Wisconsin appellate court has ruled that a prosecutor who repeatedly argued that a victim’s testimony was “uncorroborated” violated the constitutional right of a criminal defendant who did not testify during the trial.In
State v. Hoyle, 2020AP187-CR, (Jan. 11, 2022), the Court of Appeals District III held that the multiple mentions of the uncorroborated testimony constituted improper references to the defendant’s decision not to testify and violated his Fifth Amendment right against self-incrimination.‘Someone is
Continue Reading Mention of ‘Uncorroborated’ Testimony Violated Defendant’s Right Against Self Incrimination
Acquisition Checklist: Include Outside Professionals for Success
Practitioners in smaller communities or those working extensively with small business need not be intimidated when clients seek to buy or sell businesses.There are resources available to help lawyers better understand issues that could arise during any such transaction, and to better educate attorneys as to when to seek help.Smoothing Out TransactionsAcquisitions are difficult for any size business, but they can be made smoother or made into bumpy rides depending on the outside advice obtained along the way.In most
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Reliance on Label ‘Catholic’ to Find Schools’ Attendance Areas Overlapped Was Unconstitutional
Jan. 14, 2022 – The state Department of Public Instruction (DPI) impermissibly inquired into religious doctrine in determining that two private schools in Washington County were affiliated with the Roman Catholic Church, the U.S. Court of Appeals for the Seventh Circuit has ruled.In
St. Augustine School v. Underly, 2021 WL 5998534 (Dec. 20, 2021), a three-judge panel held that by relying on a profession of Catholic affiliation on one of the school’s websites, DPI violated the First Amendment’s
Continue Reading Reliance on Label ‘Catholic’ to Find Schools’ Attendance Areas Overlapped Was Unconstitutional
Employment LawScene Alert: U.S. Supreme Court Halts OSHA’s Vaccination-or-Test Emergency Temporary Standard
The U.S. Supreme Court just issued a decision blocking the Occupational Safety and Health Administration’s Emergency Temporary Standard that would require employers with 100 or more employees to impose either a mandatory vaccination policy or, alternatively, mandate that unvaccinated workers be required to wear a face covering while at work and be subject to a COVID-19 test every seven days. The Court’s three liberal Justices, Stephen Breyer, Elena Kagan, and Sonia Sotomayor all dissented. This is a breaking story
Continue Reading Employment LawScene Alert: U.S. Supreme Court Halts OSHA’s Vaccination-or-Test Emergency Temporary Standard
U.S. Supreme Court Halts OSHA’s Vaccination-or-Test Emergency Temporary Standard
The U.S. Supreme Court just issued a decision blocking the Occupational Safety and Health Administration’s Emergency Temporary Standard that would require employers with 100 or more employees to impose either a mandatory vaccination policy or, alternatively, mandate that unvaccinated workers be required to wear a face covering while at work and be subject to a COVID-19 test every seven days. The Court’s three liberal Justices, Stephen Breyer, Elena Kagan, and Sonia Sotomayor all dissented. This is a breaking story
Continue Reading U.S. Supreme Court Halts OSHA’s Vaccination-or-Test Emergency Temporary Standard
“Mind proudly asserts its superiority over matter.”
“Mind proudly asserts its superiority over matter.”
Lavinia Goodell, December 1859
Lavinia Goodell’s contributions to the Principia, her father’s anti-slavery newspaper, have been discussed in prior posts. (Click here and here to learn more.) None of Lavinia’s pieces bear her full name. We first learned that Lavinia wrote articles for the Principia when we reviewed an unpublished biography written by Elisabeth S. Peck, a long time history teacher at Berea College in Berea, Kentucky, where the William Goodell family
Continue Reading “Mind proudly asserts its superiority over matter.”
OSHA ETS Halted Again!
Today the Supreme Court ordered that OSHA’s ETS be placed back on hold (a/k/a a “stay”) and sent back to the 6th Circuit Court of Appeals. In its order, the Court‘s majority noted the ETS may have gone too far because it required employers to remedy a “public health” concern:
The Solicitor General does not dispute that OSHA is limited to regulating “work-related dangers.” She instead argues that the risk of contracting COVID–19 qualifies as such a danger. We
Continue Reading OSHA ETS Halted Again!
What Divorce Debts Can I Discharge in Bankruptcy?
Let’s start with what debts you cannot discharge. Those would be child support and maintenance. These debts cannot be discharged in any form of bankruptcy.
No debts arising from a divorce can be discharged in a Chapter 7. So if you are planning on discharging some of the debts awarded to you in a divorce or which you were ordered to pay, you will need to proceed under Chapter 13.
While child support and maintenance cannot be discharged in
Continue Reading What Divorce Debts Can I Discharge in Bankruptcy?
Legal Options After a Winter Slip and Fall Accident in Wisconsin
Slip and fall accidents are one of the leading causes of personal injury in the winter. Sometimes, these accidents are the unavoidable result of harsh weather conditions. Other times, it is someone’s carelessness that leads others to fall and get hurt. Many slips and falls are entirely preventable when property owners and business operators use reasonable care to keep those on their premises safe. A number of careless practices when it comes to managing winter weather conditions can make
Continue Reading Legal Options After a Winter Slip and Fall Accident in Wisconsin
Defense win! DA’s closing argument violated the 5th Amendment
State v. Tomas Jaymithcell Hoyle, 2020AP1876-CR, 1/11/22, District 3 (recommended for publication); case activity (including briefs)
Hoyle chose to remain silent at his trial for child sexual assault. During closing arguments, the DA repeatedly argued that the testimony from “Hannah” (the alleged victim) was “uncontroverted” and the jury “heard no evidence disputing her account of the sexual assault.” In a published decision, the court of appeals holds that the DA’s arguments violated Hoyle’s 5th Amendment rights.
The State
Continue Reading Defense win! DA’s closing argument violated the 5th Amendment
Company Violated Consumer Protection Law by Repo’ing Car From Attached Apartment Garage
Jan 12, 2022 – A company that repossessed a car from an apartment building garage violated the Wisconsin Consumer Act (WCA), the Wisconsin Supreme Court has ruled.
In Duncan v. Asset Recovery Specialists, Inc., 2019AP1365, (Jan. 06, 2022) the supreme court held that for purposes of the WCA’s prohibition against a creditor entering a residential dwelling to repossess collateral or leased goods, the garage was included within the term “dwelling used by the customer as a residence.”
The decision
Continue Reading Company Violated Consumer Protection Law by Repo’ing Car From Attached Apartment Garage
Reminder—the OSHA ETS is Effective Now!
As you all know, last Friday the Supreme Court heard oral arguments regarding whether the OSHA ETS vaccine mandate should be upheld. The Court has not yet issued a ruling on this issue. As of January 10, large employers need to be in compliance with all ETS requirements. If an employer can show it is following all of these requirements, and is acting in good faith, then it has until February 9 to require testing for unvaccinated employees.
Continue Reading Reminder—the OSHA ETS is Effective Now!
Introducing Andrew Factor
Andrew joins OG+S fresh out of law school with a background in working with clients in the entrepreneurial business and intellectual property spaces. He hopes to focus his work on IP matters, as well as being a passionate advocate for business clients with an entrepreneurial spirit and a passion for their community.
Prior to law school, Andrew worked in entertainment and finance, with a particular interest in advancing the literary interests of diverse voices. He is a “Double Buckeye”
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If I Find Employment Prior to Filing Bankruptcy or After I File Bankruptcy, Will It Pose a Problem?
Probably not.
We want our clients to be able to earn as much as possible, and part of our job is to make sure that any income they have is protected.
The amount of income debtors have can affect their case, depending on the chapter they are filing under and their income. In Chapter 7 consumer cases, income is factored into what is know as the means test. The means test compares household income to the median household
Continue Reading If I Find Employment Prior to Filing Bankruptcy or After I File Bankruptcy, Will It Pose a Problem?
Family Courts Navigating Vaccine Disagreements
COVID-19 vaccines are becoming another battleground for divorced parents. Some protracted disagreements have required the appointment of a guardian ad litem to make a recommend for what serves the child’s best interest.
https://www.wsaw.com/2022/01/03/family-courts-navigate-covid-19-vaccine-disagreements/
The post Family Courts Navigating Vaccine Disagreements appeared first on Kowalski Wilson & Vang, LLC.
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