Wiegert v. TM Carpentry, LLC, No. 2020AP1833 (Wis. Ct. App. May 4, 2022)

In Wiegert a three-judge panel for the Third District Court of Appeals affirmed the Sheboygan County Circuit Court’s grant of summary judgment ruling that Acuity had no duty to defend or indemnify its insured, Stone Creek, against claims asserted by Terry and Deborah Wiegert which arose out of renovation work Stone Creek performed on the Wiegert’s home. The court determined any alleged damage could only…
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“Jury trials are going the way of the dinosaur.” “Mandatory mediation has taken trials away from us.” I have heard some version of these quotes for the better part of the last two decades while practicing across two different states. The words are usually uttered by gray-haireds boasting how they built skills and reputations as top trial attorneys based on trying “hundreds of cases” throughout their careers, yet bemoaning that young lawyers today have no chance to become as…
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“The extent to which wives flatter the vanity and humor the weaknesses of their husbands is humiliating to both men and women, and degrading to matrimony.”

Lavinia Goodell, October 1876

Lucy Stone, a lifelong advocate for women’s rights, was one of Lavinia Goodell’s mentors.

Lucy Stone

In 1870, Lucy and her husband, Henry Blackwell, launched the Woman’s Journal, a paper promoting suffrage and women’s rights. Lavinia Goodell wrote numerous articles for the paper and shortly before her death…
Continue Reading “The extent to which wives flatter the vanity and humor the weaknesses of their husbands is humiliating to both men and women, and degrading to matrimony.”

Due to the increase in the cost of gasoline since establishing the 2022 rates last year, the Internal Revenue Service is increasing mid-year the optional standard mileage rates for computing the deductible cost of operating an automobile for business, medical, and moving expenses.  Effective July 1, 2022, the optional standard mileage rates will be 62.5 cents per mile for business transportation, and 22 cents per mile for travel relating to medical and moving transportation expenses. These increased mileage rates…
Continue Reading Pain at the Pump: IRS Announces Mid-Year Adjustment of Business and Medical Mileage Rates

Restraining orders can be confusing. You may ask yourself, “should I get one” or, “will I have the qualifications for one.” We have answers. Click the link below to learn more about retraining orders.

Restraining Orders Stop the Abuse
The post Restraining Order Questions? We Have Answers. appeared first on Kowalski Wilson & Vang, LLC.
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By: Attorney Cameron Weitzner and Paralegal Rachel Sweet
Marijuana use has become more and more accepted in the United States over the past several years. Several states have legalized marijuana for recreational use, and a total of 37 states allow the drug to be used for medicinal purposes. Because marijuana has been found to provide many benefits for patients, people in Wisconsin may be looking to use the drug. However, it is important to understand the current laws regarding…
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This week, a Wisconsin judge placed on hold his previous decision regarding the WDNR’s authority to regulate PFAS chemicals. As we reported in a previous von Briesen Environmental Law Update, a Waukesha County Circuit Court judge ruled on April 12, 2022 in the case of Wisconsin Manufacturers & Commerce, Inc. and Leather Rich, Inc. v. WDNR, (Waukesha County Case 2021CV000342) that the WDNR lacked the authority to regulate PFAS chemicals because the Wisconsin Legislature had not established…
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June 9, 2022 – The Wisconsin Supreme Court will not hear the appeal of a criminal defendant who sat in jail for 113 days before his preliminary hearing.In 2018, Nhia Lee was arrested on felony drug charges in Marathon County. After Lee’s initial appearance, the circuit court deemed him eligible to be represented by a public defender.It took the county 110 days to find a private lawyer willing to represent Lee. As a result, he wasn’t brought before the…
Continue Reading Review of Defendant’s Appeal Over Lack of Counsel was Improvidently Granted

On Monday, May 2, 2022, the political journalism group Politico published and reported on a leaked U.S. Supreme Court draft-opinion.

The draft opinion related to a pending case, addressing Roe v. Wade, which led to a firestorm of responses on everything from abortion, to birth control, to privacy. The authenticity of the “draft” was confirmed by the Court the next day. The Court has now launched an internal investigation into the leak.

Aside from the merit and…
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For most parents, the possibility of their children suffering harm is one of the worst things to contemplate. Parents do everything they can to keep their children safe, but it is impossible to watch them every second of every day. When parents leave their children in someone else’s care, they expect those people to provide the same level of protection while also meeting the children’s needs. Unfortunately, this does not always happen, and children can sometimes suffer serious injuries…
Continue Reading What Are Parents’ Options When Children Suffer Daycare Injuries?

Multi Colored Balls Moving On The Ribbons

On April 15, 2022, Wisconsin enacted a new business entity law (2021 Wisconsin Act 258). Among other changes, the law restates Chapter 183 governing limited liability companies (LLCs) based on the Revised Uniform Limited Liability Company Act (RULLCA) already adopted by many other states. Below is more information about the law’s effective date and key changes for Wisconsin LLCs.

Effective Date: On January 1, 2023, the new law will govern all existing and future LLCs. An LLC…
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June 8, 2022 – A defendant must present more than conclusory allegations to be entitled to an evidentiary hearing on a motion claiming ineffective assistance of counsel, the Wisconsin Supreme Court has unanimously ruled.  In State. Ruffin, 2022 WI 34 (May 26, 2022), the supreme court held that a defendant claiming that his lawyer was ineffective because she withdrew a request for a self-defense instruction was not entitled to a hearing, because his testimony showed that his actions…
Continue Reading Sufficient Facts Alone Not Enough to Mandate Machner Hearing

June 8, 2022 – The Wisconsin Department of Justice (DOJ) erred by revoking a concealed weapons permit issued to a man who was convicted of disorderly conduct after threatening his wife, the Wisconsin Supreme Court has ruled.In Doubek v. Kaul, 2022 WI 31 (May 20, 2022), the supreme court unanimously held that a disorderly conduct conviction under Wisconsin law does not constitute a misdemeanor crime of domestic violence, a category of offenses which under federal law bars offenders…
Continue Reading Disorderly Conduct Conviction No Bar to Concealed Carry Permit

As predicted by our law firm, more employees are starting to oppose workplace wellness programs as a result of the AARP v. EEOC lawsuit from 2016. The latest lawsuit involves employees of the City of Chicago in Williams, et. al v. City of Chicago, 20-cv-420 (N.D. Ill. 2020). City of Chicago employees, who are unionized, sued the City as their employer, as well as their union, for forcing them to participate in a workplace wellness program that includes…
Continue Reading Workplace Wellness Programs be Warned: Another Employee Wellness Program Lawsuit Emerges

It is summer, and that means clerkships! Karen is our summer clerk. She is a double Badger, and with a week under her belt so far, she is proving to be absolutely Badger-ific! Learn more about her below.

Karen Perez-Wilson is an alumna of the University of Wisconsin-Madison and a rising 2L at the University of Wisconsin Law School. Aside from being a full-time student, Karen is also the small business owner of Your Biggest Flan Desserts. In her…
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