Filed Under: Appellate Law Election & Political Law
Stafford Rosenbaum’s Election and Political Law Team Obtains Ruling Protecting Voting in Wisconsin
On September 21, 2020, Judge William Conley of the U.S. District Court for the Western District of Wisconsin issued an opinion and preliminary injunctions in four consolidated cases that will protect the rights of registered Wisconsin voters to cast their votes in the November 3, 2020 general election. Stafford Rosenbaum LLP Attorneys Jeff Mandell and […]
Filed Under: Appellate Law
Wisconsin Supreme Court Procedural Orders Limit Circuit Court Authority To Issue Injunctions
The Wisconsin Constitution grants circuit courts the power to “issue all writs necessary in aid of [their] jurisdiction.” Wis. Const. art. VII, § 8. And the Legislature has expressly authorized circuit courts to issue injunctions. Wis. Stat. §§ 813.01, 813.02. Yet, in two unsigned and unpublished procedural orders issued this past spring, the Supreme Court […]
Filed Under: Appellate Law Litigation Municipal Law
Public Records Requests: Form Matters
Wisconsin’s Public Records Law requires officials to provide “the greatest possible information” in response to public records requests. Wis. Stat. § 19.31. In Lueders v. Krug, the Wisconsin Court of Appeals, District II, clarified that this mandate requires officials to provide electronic copies of materials if electronic copies are requested. In June 2016, Bill Lueders emailed […]
Filed Under: Appellate Law Litigation
Right to Appeal an Order on a Motion to Compel Arbitration: Wisconsin Supreme Court Makes It Final
Buried in many modern contracts (from standard construction industry contracts to employment agreements, and from consumer contracts to mortgages and leases) are agreements to arbitrate any existing or future disputes. These arbitration provisions may appear innocuous, but, when a subsequent dispute develops between the contracting parties and one party prefers to be in court, a […]
Filed Under: Appellate Law Business Law Litigation
Supreme Court Finds Unexpected Difference between Corporations and Limited Liability Companies
In Marx v. Morris, 2019 WI 34, the Wisconsin Supreme Court interpreted the Wisconsin LLC Act in an unexpected way. Specifically, Marx held that LLC members may bring suit in their capacity as members, instead of on behalf of the LLC, against other members, even when the harm alleged is primarily to the LLC. This deviates from corporate […]
Filed Under: Appellate Law
Supreme Court to Decide if Prohibition on Sex Discrimination covers Sexual Orientation/Identity
The U.S. Supreme Court has announced that it will hear three cases addressing whether discrimination on the basis of sexual orientation and transgendered status constitutes discrimination “because of sex” and therefore prohibited under Title VII. The Court agreed to hear two of the cases together to resolve a split in the U.S. Circuit Courts as […]