Filed Under: Business Law Environment and Land Use Law Litigation
Perspectives: Incorporating Resilience in Building Design Helps Mitigate Threat of Climate Change
“Perspectives: Incorporating Resilience in Building Design Helps Mitigate Threat of Climate Change,” authored by Attorney Jessica Mederson and Climate Reality Leader Monika Serrano, was originally published in Business Insurance magazine in September 2022. While climate change may still be a disputed topic in the political realm, insurers have been aware of the risks posed by […]
Filed Under: Business Law Dealership & Franchise Law Employment & Labor Law Litigation
The Right to Cure a Contract Breach
Under Wisconsin law, many contracts and statutes give parties an opportunity to cure mistakes before the other party can exercise some remedial action. The language of the governing contract or statute may define the extent of a cure and the actions that must be taken to effect it.
Filed Under: Dealership & Franchise Law
Understanding the Wisconsin Fair Dealership Law
At a time of economic upheaval, reworking distribution systems may seem like a prudent idea. However, care must be taken to determine whether the Wisconsin Fair Dealership Law applies to the parties and to the proposed change. If the WFDL does apply, then the change must be essential, reasonable, and nondiscriminatory.
Filed Under: Business Law
Reviewing Foreign Tax Status Can Result in Large Savings
Within the United States, public pension funds enjoy exemptions from state and federal income taxes. On the funds’ overseas investments, however, exemptions from foreign income taxes do not automatically apply. In working with the State of Wisconsin Investment Board, we found that attention to a public fund’s foreign tax status can result in considerable tax […]
Filed Under: Government Law
Should You Designate a Highway as an All-Terrain Vehicle Route?
The Wisconsin Statutes allow a county, city, village, or town to designate a highway within their respective jurisdictions as an all-terrain vehicle route. This article discusses the impact of a municipality's decision to designate a highway as an all-terrain vehicle route could have on recreational immunity as well as liability for highway defects.
Filed Under: Government Law
The Complex Law of Takings: Three New U.S. Supreme Court Decisions
The United States Supreme Court issued three important decisions about takings claims: claims for just compensation when government "takes" private property for public use. They are significant for Wisconsin counties because they clarify what constitutes a taking, the procedure for pursuing federal and state takings claims, and the authority of local governments to take private […]
Filed Under: Dealership & Franchise Law
More Businesses Will Be Protected
This article describes the practical effects of a Wisconsin Supreme Court case dealing with the question of who is protected under the Wisconsin Fair Dealership Law (WFDL) with regard to vendor-vendee relationships. The 2004 decision reaffirms the intial 1987 holding, which means that courts should no longer interpret the 1987 decision narrowly.
Filed Under: Dealership & Franchise Law
A Third Way To Protect WPDA Members: A New Powersports Dealer Statute
Wisconsin has two statutes of general application that might protect the interests of powersports dealers. This article highlights the current regulatory scheme and mentions the possibility of a third: a special statute designed just for powersports dealers.
Filed Under: Dealership & Franchise Law
Determining ‘Community of Interest’ Under the WFDL
In Central Corp. v. Research Products, the Wisconsin Supreme Court promoted a multifaceted approach to determining "community of interest" under the Wisconsin Fair Dealership Law. The approach will guide dealership disputes to trial, where the trier of fact must look at the total circumstances to find it the various facets of community of interest exist.
Filed Under: Employment & Labor Law
Disability Law in Wisconsin Workplaces
Wisconsin Supreme Court decisions in two cases clarify that an employee's inability to adequately undertake his or her job-related will not be sufficient for justifications under the WFEA for denying a requested accommodation.
Filed Under: Government Law
Who Pays for Mutual Aid?
This articles discusses how the mutual aid statute needs clarification and that county risk managers should carefully review worker's compensation policies to be sure that they cover reimbursement where the county provides mutual aid. Please contact Bob if you would like a copy of this article.
Filed Under: Government Law
Property Tax Claims: A Guide for the Perplexed
This article describes how property tax claims are different from all other claims against municipalities. Municipal clerks, assessors, attorneys, and governing bodies all need to be alert to the special procedures for handling them. Please contact Bob if you would like a copy of this article.
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