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 Chris Strohbehn  Drivers of motor vehicles are required to act safely and take all necessary measures to prevent harm to others who use the roads. Drivers should be sure to understand that motorcycles and bicycles have the right to share the road, and they should follow the correct traffic laws at all times when driving near these vehicles. When bicyclists or motorcyclists are involved in collisions with cars or trucks, they are likely to be seriously injured. In some cases, a driver may claim that they were not responsible for the injuries in a motorcycle accident or…
While golf is usually not considered to be a dangerous sport, there are many ways that golfers may be injured, and other people on or near golf courses can also suffer harm due to the actions of golfers or other parties. When these injuries occur because of negligence, victims may be able to pursue compensation through a personal injury claim or lawsuit. However, some unique legal issues can play a role in these cases, and an experienced attorney can help victims understand their rights and options. Liability for Golf Course Accidents and Injuries People who are injured on or around…
Over this past Fourth of July, many people enjoyed using or watching fireworks. While they can be a fun way to celebrate the holiday, fireworks can also be very dangerous, and if they are defective or used incorrectly, they can cause serious injuries. Those who have suffered harm or property damage due to dangerous fireworks will want to work with a personal injury attorney to determine how they can recover financial compensation from those who were responsible. Fireworks Injuries Have Increased in Recent Years While people regularly suffer injuries from fireworks, the number of people who have been injured has…
Owners of real estate property are required to pay property taxes, and each year, property tax assessments are performed to determine the value of a property and the portion of a local tax levy that the property owner will be responsible for. A property tax assessment will affect the amount of taxes that a property owner will be required to pay, and property owners will need to make sure their property is valued correctly to avoid being required to pay excessive property taxes. Currently, owners of apartments may be facing financial issues related to the COVID-19 pandemic, especially since the…
The use of cell phones and other types of handheld electronic devices has grown significantly over the last couple of decades, and it is likely to continue to increase in the future. The dangers of using electronic devices while driving has become well-known, and to prevent car accidents, talking on cell phones or texting while driving has been discouraged. Many states, including Wisconsin, have passed laws prohibiting drivers from using handheld devices while behind the wheel. However, drivers are still allowed to use hands-free devices such as Bluetooth headsets or speaker systems that connect with their phones. While these…
As the weather continues to warm up during the summer, more and more people will be spending time on boats and enjoying the many rivers and lakes in Wisconsin. Boating can be a fun and relaxing activity, and it often involves the consumption of alcohol. However, boat operators should be aware that the same laws apply to them as to drivers of motor vehicles. This means that if a person operates a boat while they are under the influence of alcohol or other intoxicating substances, they could face criminal charges of Operating While Intoxicated (OWI). Penalties for Boating Under…
By: Attorney Max T. Stephenson and Paralegal Courtney M. Hess Most people are familiar with the concept of prenuptial agreements, which are signed by a couple before they get married and address how matters will be handled if they decide to get a divorce in the future. In many cases, a couple may not feel that they need this type of agreement at the time of their marriage, since neither spouse may own significant assets that would need to be protected. However, after multiple years of marriage, the issues that would be addressed in a prenup may become relevant,…
By:  Attorney Denis J. Regan and Paralegal Steven M. Lant During the estate planning process, you will want to make sure your family members will have the resources they need after you are gone, and you can also make sure your wishes will be followed throughout the rest of your life. However, in the event you have substantial assets beyond the level necessary to support or assist children, you may want to consider the legacy you leave behind from a charitable perspective.  Incorporating charitable giving into your estate plan is a great way of supporting causes you believe in and…
By: Paralegal Courtney Hess Since 2018, Wisconsin law requires a parent to obtain approval before moving with their child more than 100 miles away from the other parent, regardless of whether the move is within Wisconsin or out of state. If the parents can agree to the terms of the relocation, whether on their own or with the assistance of a court-ordered mediator, then the move can usually proceed as planned. However, Wisconsin courts have the authority to deny a parent’s request for relocation depending on the circumstances. Reasons for Denying Parental Relocation There are a number of reasons…
By Paralegal Courtney D. Hess Couples who choose to legally dissolve their marriage through divorce will need to address many different legal, financial, and practical issues. The division of marital property is one of the key issues that will need to be resolved, and all of the assets and debts that a couple acquired while married will need to be divided as fairly and equitably as possible. While determining how to divide some assets can be a straightforward process, complex financial issues may arise when addressing certain types of assets, including retirement accounts and pension benefits. When dividing these assets,…
  Real estate transactions can be very complicated, and there are multiple types of legal issues that buyers and sellers will want to be aware of. Easements are one issue that will affect how a piece of property can be used. If easements are not properly disclosed during a transaction, real estate litigation may be required to address this issue. Understanding Easements An easement is a legal agreement that gives a person, company, or organization the right to use someone else’s property. Easements come in several forms, including: Public easements – A portion of a person’s property may be set…
By Attorney Christopher Strohbehn and Law Student Quron Payne The simple answer to this question is “yes”.  Alcohol or drug use can have a huge impact on a person’s ability to safely operate a motor vehicle. While the dangers of driving while under the influence are well-known, many people still do so. This can lead to dangerous car accidents. While a drunk driver may be held liable for injuries inflicted in these types of accidents, victims may wonder whether other parties may also be civilly or criminally liable. The answer to this inquiry is “it depends.”  Social Host Liability…
There are many different situations where legal disputes may arise between two or more parties. While civil litigation may be used to resolve these disputes, this process can be very expensive and time-consuming, and neither party may be fully satisfied with the decisions made by a judge or jury. As an alternative to litigating matters in the courtroom, the parties in these types of disputes may want to consider using mediation to reach an out-of-court settlement. Benefits of Civil Mediation By using mediation, the parties can often save a great deal of money that would otherwise have gone toward court…
By Attorney Cameron G. Weitzner and Paralegal Rachel A. Sweet Getting arrested or charged with a crime can be extremely frightening and stressful, and it may feel like you have nowhere to turn for help and support. However, thanks to the Sixth Amendment to the United States Constitution, there is always at least one person whom you can rely on: your attorney. Among other rights, the Sixth Amendment guarantees a criminal defendant the right to “the assistance of counsel for his defense.” If you are facing charges, you should be sure to understand the full extent of the protection that…
By Attorney Max T. Stephenson and Paralegal Courtney M. Hess If you are getting a divorce or attempting to establish a child support or child custody order with your child’s other parent, you may have at least considered the idea of representing yourself throughout the legal process. Perhaps you are worried about the costs of hiring an attorney, or you may feel that you and the other party are in agreement to the extent that legal representation is not necessary. However, choosing to represent yourself can have many unexpected consequences, and it may prevent you from achieving your desired outcome.…
By Attorney Ray Dall’Osto The intoxicating effects of alcohol and controlled substances (prescription and illegal) have been demonstrated to lower a person’s inhibitions, alter behavior, and impair a person’s mental and physical abilities, including the ability to operate motor vehicles steadily and safely.  Unfortunately, alcohol and substance use sometimes lead to situations where a person is arrested on criminal charges.  E.g., State v. Christen, 2021 WI 39 (statute barring use of firearm when intoxicated does not violate defendant’s Second Amendment right to possess or carry weapon for self-defense, in a drunken altercation with roommates inside defendant’s residence).  If you…