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Wisconsin State Capitol Building - Madison, WI
Wisconsin State Capitol Building on a sunny spring day

The court takes up a pair of intriguing civil cases on its December oral argument calendar. One asks whether Amazon’s gig delivery drivers are independent contractors or employees, and the other challenges a municipality’s power to use eminent domain to acquire land for sidewalks.
Cases Decided
There were no new decisions issued during November.
Up for Review
Amazon Logistics, Inc. v. LIRC, No. 2022AP13

Employment

Oral Argument: December 19

Are Amazon “delivery partners” independent contractors or employees? According…
Continue Reading Wisconsin Supreme Court Update: December 2023

Wisconsin State Capitol Building - Madison, WI
Wisconsin State Capitol Building on a sunny spring day

Redistricting takes center stage at the Wisconsin Supreme Court this November as the court’s sole case set for oral argument is an original action addressing the constitutionality of the current state legislative maps. Let’s dive right in.
Cases Decided
No merits decisions were issued in the last month. However, the court did issue a series of published orders pertaining to the redistricting litigation discussed below. On October 6, the court released a Memorandum Decision and Order of Justice Janet…
Continue Reading Wisconsin Supreme Court Update: November 2023

Tax court financial crimes and investigations closeup
Tax court financial crimes and investigations closeup. Paying state income tax concept

In December, the highest court in the land will hear oral arguments to decide whether a taxpayer will owe a $14,729 tax bill, a relatively insignificant amount but for the potential to require a $271 billion refund to taxpayers and call into question chapters of the Internal Revenue Code (IRC) that affect millions of Americans.

In this article, we will discuss why Moore v. United States is a critically important tax case and its implications on the lives of…
Continue Reading Moore v. United States – Hand Grenade or Much Ado About Nothing?

Molecular Structure - Lights Concept
Molecular Structure. Science background. 3D Render

On September 28, 2023, the U.S. Environmental Protection Agency (the “EPA”) finally finalized its rule requiring the reporting and recordkeeping of per- and polyfluoroalkyl substances (“PFAS”). The rule was posted on October 10, 2023, and provides the details of what is required to comply with the rule. This article will provide a high-level summary of the who, how, what, and when of this new rule in an effort to provide a basic guideline of what is expected for those…
Continue Reading EPA Announces its Long-Awaited PFAS Reporting Requirements under the Toxic Substances Control Act

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James M. Sosnoski is an attorney in Meissner Tierney’s litigation practice group. He represents businesses and insurers in a wide variety of matters, including insurance coverage, business and corporate disputes, and non-competition agreements.
Where are you from?
I’m from Lynchburg, a small town in central Virginia.
What was your first job?
Being from a small town, naturally my first job was working on a cattle farm.
Do you have any hobbies?
I have too many and not enough time. …
Continue Reading Attorney Spotlight – James M. Sosnoski

The October oral argument calendar lists a measly two cases, both of which will be argued on October 9. That’s eight fewer cases than the court heard last October. In this month’s column, take a look at the sole civil case on the court’s October calendar and take a peek at a case recently granted for review.
Cases Decided
No decisions were issued in the last month.
Up for Review
Andrade v. City of Milwaukee Board of Fire and…
Continue Reading Wisconsin Supreme Court Update: October 2023

Girl Setting Smartphone and Microphone
Smiling teenage girl setting smartphone and microphone when herring reading to stream video

The evolution of the esports industry has allowed it to become more than tournaments and prize money. The availability and prominence esports athletes and streamers have to the public have positioned the industry with a direct path for growth. As the industry has developed, one key area has dominated: content creation. Content creation includes the production of videos, streams, podcasts, and the like. Essentially, content creators use some form of media to showcase their gaming and personal lives. Content…
Continue Reading Esports and the Law: How to Protect Your Brand

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Samuel G. Morris is an attorney in Meissner Tierney’s litigation practice group. He represents businesses and insurers in a wide variety of matters, including general liability, and insurance coverage.
Where are you from? 
St. Louis, Missouri
What was your first job? 
Worked at a concession stand at a local pool in high school.
Do you have any hobbies? 
Hanging out with friends, mostly. Also watch a lot of sports because I am a nerd.
What is something on your…
Continue Reading Attorney Spotlight – Samuel G. Morris

Those keeping an eye on the Wisconsin Supreme Court know that it’s been in the news a bit over the last month. But in this column, we look past the internal politics of the court and review the civil cases currently pending before it, paying special attention to those affecting civil practitioners in Wisconsin. The court kicks off its 2023–24 term with a relatively light September oral argument calendar, featuring just two civil cases. Constitutional rights and tax…
Continue Reading Wisconsin Supreme Court Update: September 2023

Beer Taps In Rooftop Bar
Beer Taps In Rooftop Bar With High Key Background And Copy Space

Recently, in June 2023, the Wisconsin Assembly passed Assembly Bill 304 (the bill is numbered SB 332 in the Wisconsin Senate). That bill makes several significant changes to how the state regulates its storied and substantial alcohol industry. The proposed law affects nearly every level of the Wisconsin alcohol industry from the licensing, producing, selling, and distribution of alcoholic beverages. For instance, bartenders will now have to be licensed by the state instead of by their local municipality.

Navigating…
Continue Reading Wisconsin’s Proposed Alcohol Regulations: Major Reforms Impacting the Industry

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Caleb R. Gerbitz is an attorney in Meissner Tierney’s litigation practice group. Caleb primarily focuses on assisting clients in complex commercial, insurance, employment, and appellate litigation.
Where are you from?
Mukwonago, Wisconsin
What was your first job?
Throughout high school and college, I was a farm hand at an Icelandic horse farm in Eagle, Wisconsin, called Winterhorse Park. The owners were smart enough not to let me anywhere near the horses, so I spent my days stacking hay, fixing…
Continue Reading Attorney Spotlight – Caleb R. Gerbitz

Wisconsin Supreme Court Update: July & August 2023
The Wisconsin Supreme Court finished up its 2023–24 term in June, issuing a slew of new decisions and granting review in one new case for next term. In this update, we take a closer look at the civil cases the court decided to round out the term.
Cases Decided
Allsop Venture Partners III v. Murphy Desmond SC, No. 2020AP806

Evidence

Decision Filed: June 2, 2023

Public Citation: 2023 WI 43

Practice…
Continue Reading Wisconsin Supreme Court Update: July/August 2023

Selling a home in 2023 is unlike selling a home in any year of recent memory. The majority of homeowners have mortgages with interest rates below 6.0%, and nearly a quarter have mortgages with interest rates below 3.0%. While interest rates may only be one factor when deciding to sell a home, it does not help homeowners who have to contend with the highest average home values in U.S. history.

Some homeowners have the ability to wait for conditions…
Continue Reading Gain Exclusion for Sale or Exchange of Principal Residence

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McKenzie E. Tibbetts is an attorney that serves in Meissner Tierney’s transactional practice group. She advises clients in the areas of business and corporate transactions and taxation.
Where are you from?
Lake Crystal, Minnesota
What was your first job?
I was a lifeguard at my local rec center.
Do you have any hobbies?
When I am not at work, I enjoy working out at F45, working my ‘to-be-read’ stack of books, or exploring the various breweries in Milwaukee.

What…
Continue Reading Attorney Spotlight – McKenzie E. Tibbetts

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The Wisconsin Supreme Court handed down decisions last month on issues involving healthcare, constitutional law, and employment issues. Read on for all the latest.
Cases Decided
Gahl v. Aurora Health Care, Inc., No. 2021AP1787-FT

Healthcare

Decision Filed: May 2, 2023

Public Citation: 2023 WI 35

In October of 2021, Allen Gahl, acting as power of attorney for a Covid-19 patient, petitioned the circuit court for an order compelling Aurora Health Care to administer ivermectin to the patient. The circuit…
Continue Reading Wisconsin Supreme Court Update: June 2023

Caleb R. Gerbitz

It’s time for our monthly check-in on the latest civil law developments at the Wisconsin Supreme Court. In the past month, the court decided five civil cases spanning a broad array of issues including insurance law, eminent domain, and arbitration. Plus, the court granted review in a case touching on taxation and religious liberty. Read on for all the latest.
Cases Decided
Banuelos v. UW Hospitals & Clinics Authority, No. 2020AP1582

Healthcare

Decision Filed: April 4,…
Continue Reading Wisconsin Supreme Court Update: May 2023