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Attorney John Mitby receives the DCBA Lifetime Pro Bono Award for making a positive and lasting impact on the community and on the lives of individuals, young and old, including those with cognitive and physical disabilities, socio-economic challenges, and others traditionally marginalized. Atty. Mitby is a longstanding legal services volunteer for AgeBetter, a non-profit organization serving older adults.

Since 2005, Atty. Mitby has provided legal advice and services to develop and sustain AgeBetter’s Sharing Active Independent Lives (SAIL) program.
Continue Reading Congratulations to Attorney John C. Mitby on the DCBA Lifetime Pro Bono Award

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On September 8, 2020, the U.S. District Court for the Southern District of New York issued an order that effectively halts the enforcement of the U.S. Department of Labor’s (DOL) recently promulgated rule regarding joint employment under the Fair Labor Standards Act (FLSA). This ruling impacts staffing agencies, subcontractors and entities whose employees perform work for the benefit of another entity.The Court Strikes Down the DOL’s TestIn March 2020, the DOL clarified and limited the circumstances under…
Continue Reading Court Decision Halts FLSA Joint Employment Rule

These posts — hundreds of thousands still waiting to be paid benefits and about legal obstacles being waived because of Department mishandling of claims — have led folks to contact me about their own stories of delay.

Note: The comments on numerous posts on this blog already contain dozens of stories about delays with claims. See here, here, here, and here, for example.

These stories need to be consolidated in one place. Why not right…
Continue Reading Unemployment delays, part 3

County of Walworth v. Bozena Twarowksi, 2020AP208, 9/16/20, District 2, (1-judge opinion ineligible for publication); case activity

Twarowski went to pick up her dog from a kennel, balked at an inflated bill, and apparently became argumentative and hostile. The trial court convicted her of disorderly conduct, and she appealed pro so.  According to the court of appeals, which criticized her poorly developed argument, Twaroski challenged the trial court’s finding that the County’s witness was credible.  That argument never…
Continue Reading Evidence Sufficient to Support Disorderly Conduct Conviction

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Waukesha County v. H.M.B., 202AP570, District 2, 9/16/20, (1-judge opinion, ineligible for publication); case activity
This is not your typical Chapter 51 mootness decision.  The county petitioned for the initial commitment of “Heather,” who was suffering from anorexia nervousa. She stipulated to a commitment but not to confinement at a mental hospital or to involuntary treatment. The court of appeals dismissed her appeal as moot despite the collateral consequences of a firearm restriction and stigma.
The court of…
Continue Reading COA dismisses Chapter 51 appeal re level of confinement for mootness

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Waukesha County v. C.A.E., 2020AP834-FT, District 2, 9/16/20 (1-judge opinion, ineligible for publication); case activity
“Carly” argued that the circuit court committed plain error when it admitted and relied on hearsay evidence of dangerousness introduced through the County’s testifying doctor at her recommitment hearing. She also challenged the court’s involuntary med order because the last time the testifying doctor had discussed the “advantages and disadvantages of medication” with her, as required by §51.61(1)(g)4, was 5 years…
Continue Reading COA affirms commitment based on hearsay and meds based on outdated exam

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Jackson v. C.A.D, 2020AP69, District 4, 9/17/20, (1-judge opinion, ineligible for publication); case activity
This is the second time in a week District 4 has dismissed a recommitment appeal as moot despite the claim of collateral effects: a firearm restriction, stigma, possible liability for costs of care. D4 says: “prove they exist!” A fundamental principle of appellate procedure is that the parties to an appeal cannot cite to evidence outside the record. So query how District 4 thinks appellants…
Continue Reading COA shows split personality on collateral effects of Chapter 51 recommitments

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State v. Decarlos K. Chambers, 2019AP411-CR, petition for review of per curiam opinion granted 9/16/20; case activity (including briefs)
Issue presented (derived from Cambers’ petition for review):

The State charged Chambers with 1st degree reckless homicide. He maintained that he had not committed the crimes and that was absolutely innocent. He refused all plea offers. Nevertheless, during closing arguments his lawyer told the jury they should consider convicting him of 2nd degree recklessly homicide, and they did. …
Continue Reading SCOW to address counsel’s concession of guilt when client maintains innocence

Previously, I reviewed the initial claims numbers and how hundreds of thousands of claimants in Wisconsin are still waiting for their unemployment checks.

Here, I am reviewing what these delays mean legally to claimants and how the Department continues to make things worse.
Late appeals
By law, claimants only have 14 days to file an appeal of an initial determination.

Far too many claimants are looking to their unemployment portals to get a handle on what is happening…
Continue Reading Unemployment Delays, Part 2

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Stem cell therapy is one of the most promising developments in medicine. Over 1000 trials are currently underway. While we are big supporters of stem cell research, few products have received FDA approval and of those that have, they are only approved for use in very particular situations.

Look at the Internet, however, and stem cell therapy can grow hair, restore hearing, regenerate damaged heart muscle, cure arthritis and cure just about anything else wrong with you. At best,…
Continue Reading Stem Cell Malpractice 101 – How to Keep from Being a Victim

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QuantaDyn Corporation Pays $37 Million to Resolve False Claims Act Charges
Whistleblower lawyers have long known that bribing foreign public officials can lead to cash rewards under the Foreign Corrupt Practices Act. That law gives the SEC the right to pay whistleblower rewards in certain circumstances. But what about companies that bribe American officials in order to obtain a competitive business advantage? Can whistleblowers receive cash rewards for turning in these companies? A case in San Antonio, Texas finally…
Continue Reading Bribery of Government Officials and Whistleblower Rewards

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“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
With these words, We began our lasting experiment with Democracy 233 years ago.  On Thursday, Sept. 17th, Americans celebrate Constitution Day and Citizenship Day.  A federal day…
Continue Reading Celebrating Constitution Day: A Virtual Tour

On September 11, 2020, the United States Department of Labor (“DOL”) issued revised regulations for the Families First Coronavirus Response Act (“FFCRA”) relating to the administration of both the FFCRA’s Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). The DOL revised these regulations in response to a New York federal court decision that invalidated four provisions of the original regulations.

On August 3, 2020, the New York federal court struck down…
Continue Reading U.S. Department of Labor Issues Revised FFCRA Rules and Regulations

Neenah attorney Kathleen Brost is sworn in as State Bar president by Wisconsin Supreme Court Chief Justice Patience Roggensack. The ceremony took place at the State Bar Center in Madison in August and was recorded for the celebration event on Sept. 16 – a departure from tradition due to the COVID-19 pandemic.

Sept. 17, 2020 – In a year like no other and in a ceremony like none before, Neenah attorney Kathleen Brost was sworn in as the State…
Continue Reading A Celebration, COVID Style: Kathy Brost Sworn In As 65th State Bar President

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There has been an unemployment meltdown in Wisconsin. Claimants wait and wait and wait for their cases to be decided, but no one is asking about the extent of these delays or why they are occurring.

Here are some answers.

Longer times

First, take note of a statistic the Department has been reporting after the pandemic had been underway for a few months: the average number of days from initial application to first payment (or initial determination denying benefits).
Continue Reading Unemployment delays, part 1

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On September 16, 2020, the U.S. Department of Labor (DOL) Wage and Hour Division published revisions and clarifications to the April 1, 2020, temporary rule regarding public health emergency leave under the Family and Medical Leave Act (FMLA) that has assisted families in dealing with medical emergencies arising out of the COVID-19 pandemic. Part of this emergency medical leave was created by the March 2020 Families First Coronavirus Response Act (FFCRA) and is set to expire on December 31, 2020. An…
Continue Reading FFCRA Definition of Health Care Provider Found Invalid