Gimbel, Reilly, Guerin & Brown LLP Blog

Insight and commentary from one the best trial and litigation firms in Wisconsin.

Latest from Gimbel, Reilly, Guerin & Brown LLP Blog

By Attorney Christopher L. Strohbehn Owners of hotels and others in the hospitality industry have been some of the hardest hit by COVID-19. Relief has been few and far between for many.  On the one hand, they might be fighting business interruption claims because of the downturn in their business, and on the other hand, they are paying the same, if not more in property taxes at a time when their occupancy and customer traffic are at an all-time low.    The business climate makes it imperative for hotel owners and commercial property owners to consider a property tax appeal
As COVID-19 vaccines are being provided to people throughout the state of Wisconsin, Governor Tony Evers has issued a new emergency order requiring the state’s residents to use masks or other face coverings whenever they are indoors or in an enclosed space and around people who are not members of their immediate family. This order comes as part of the state’s effort to administer vaccines. Since the supplies of vaccines are limited, health care workers have been given the top priority for vaccinations, and the state has also begun administering vaccines to first responders. People over the age of 65…
By Attorney Max Stephenson and Paralegal Courtney Hess Like all other types of marital property, retirement accounts are included in the equal division of assets in a Wisconsin divorce. This often means that those who expected to rely on their spouse’s contributions, or at least combined contributions from both spouses, to fund their retirement will face the difficult prospect of adjusting their retirement plans to account for their new circumstances. However, it is possible to recover from the effects of your divorce with some smart decision-making and strategic planning. Dividing Retirement Accounts Correctly One of the best ways to…
By Attorney Kristen Nelson Nurses provide an invaluable service, especially during a public health crisis like the COVID-19 pandemic. Becoming a registered nurse (RN) or licensed practical nurse (LPN) in Wisconsin requires the dedication of significant time, energy, and money, and it can be concerning to learn that your nursing license may be under threat due to the possibility of disciplinary action. Wisconsin nurses should understand the violations that can result in discipline, as well as their options for defending against allegations of these violations. Nursing Violations in Wisconsin Wisconsin’s legal and administrative codes both include a list of…
Losing a loved one under any circumstances can be incredibly difficult, and your emotional pain may be all-encompassing, making it difficult to focus on the process of probate, in which the assets of your loved one’s estate are distributed to their heirs and beneficiaries. However, if you suspect that there is something wrong with your loved one’s last will and testament, it may be important to find the energy and focus to take legal action to contest it. Fortunately, a probate litigation attorney can help you handle the complications of this process, relieving much of your personal stress.…
By Attorney Nicole Masnica Many criminal offenses committed in Wisconsin are handled within the state’s criminal justice system, including crimes related to operating while intoxicated (OWI), many types of property crimes, and violent crimes. However, if an alleged offense violates a federal law, the defendant can instead be tried in federal court. If you have been accused of a federal crime, or if you believe you may be at risk of facing federal charges, your attorney can help you understand what to expect. Examples of Federal Offenses There are many different kinds of offenses for which a…
Are you are a Wisconsin taxpayer who has objected to the payment of property taxes at the local Board of Review this year? If so, and you received a full hearing deciding the merits of your objection, then it is time to consider filing an excessive assessment claim if you have not already done so. If you find yourself in this position, this is yet another procedural step you must take if you wish to further contest your claim in Wisconsin Circuit Court. Filing and Serving an Excessive Assessment Claim Pursuant to section 74.37, Stats., you need to file a…
By Attorney Max Stephenson Asking your partner to get a prenuptial agreement can make for an awkward conversation. Before you take this difficult step, it is a good idea to consider whether a prenup actually makes sense for your personal situation. Not every couple needs a prenuptial agreement, but there are situations where one can be beneficial. If a prenup will help to protect your financial interests and give one or both partners greater peace of mind, it may be worth the initial awkwardness. What Can a Prenuptial Agreement Include? What is commonly known as a prenuptial agreement is called…
In addition to being a criminal offense in Wisconsin, driving under the influence of alcohol is one of the clearest examples of negligence that can justify compensation in a civil personal injury lawsuit. Drunk driving can happen especially often during the holidays. If you or a loved one has been in a car accident with a drunk driver, your injuries may be severe, and an attorney can help you take the necessary steps to recover compensation for your losses. What Makes Drunk Driving Dangerous? According to the National Highway Traffic Safety Administration (NHTSA), alcohol impairs a driver’s physical and mental…
By Attorney Cameron Weitzner In Wisconsin, drunk driving injures 3,000 people and claims the lives of 150 people every year. It is no surprise that Wisconsin law treats operating while intoxicated (OWI) as a serious criminal offense, regardless of whether it results in any injuries. However, if you are arrested on charges of injury by intoxicated use of a vehicle, the penalties can be especially severe, and it is important that you have an attorney who can help you protect your rights. Possible Charges for Causing Injury While OWI in Wisconsin Wisconsin courts typically show leniency to those who…
When you are getting a divorce, arriving at an agreement on the legal custody and physical placement of your children can be a challenging process as you try to prioritize your children’s best interests while balancing the needs of both parents. It is not uncommon for this process to continue even after the issuance of your child custody order, as the needs of everyone involved may change in the years following your divorce. If you find that the original order is no longer feasible or desirable, it may be time to pursue a modification. When Can Custody and/or…
Distracted driving is a major issue throughout the United States, contributing to more than 400,000 injuries and almost 3,000 deaths each year, according to the National Highway Traffic Safety Administration. In Wisconsin alone, distracted driving is a factor in over 24,000 annual car accidents, accounting for roughly 20 percent of all crashes. If you are injured by a distracted driver, understanding some of the common causes of distracted driving may help you make the case for the driver’s negligence. What Behaviors Lead to Distracted Driving? A variety of different behaviors can occupy a driver’s eyes, hands, or mental processes…
By Attorney Cameron Weitzner and Paralegal Rachel Sweet Among other things, the United States Constitution’s Bill of Rights provides several protections for those who are facing a criminal arrest or trial. However, in the heat of the moment, it may be hard to know whether your rights are being honored and to ensure that you are taking full advantage of them. Taking the time to learn about your constitutional rights and how to assert them can often help you avoid an arrest or conviction in the event that you have a run-in with law enforcement. Fourth Amendment Protections from…
Sharing physical custody of your children after a divorce can be a challenge throughout the year, but it is often especially difficult during the winter holidays. This year may be more difficult than ever as you balance your desire to spend time with family with the need to stay safe during the COVID-19 pandemic. In this year and others, it is important that you and your children’s other parent have a plan to co-parent effectively during the holiday season. Suggestions for Holiday Co-Parenting If you consider the following suggestions, you may be able to take some stress out of co-parenting…
By Attorney Cameron Weitzner In Wisconsin, a law enforcement officer can pull you over if they have reasonable suspicion that you are operating your vehicle while intoxicated (OWI). This can be a stressful situation whether or not you have been drinking, and it is important that you know how to approach it to avoid possibly making things worse. An unintentional mistake could lead to additional legal consequences or make it more difficult for you to contest the charges against you in a criminal proceeding. What to Do When an Officer Pulls You Over If you see that an…
As a parent, it is important for you to know that your children will continue to have a good life after your divorce. In part, this means making sure they will have the financial support that they need from both parents. Wisconsin law ensures that this is the case by including a child support order in any divorce involving minor children. Even so, it is reasonable to have questions and concerns about how the support order can affect you and your children. Understanding how child support payments are calculated can help to alleviate some of these concerns. Child Custody…