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Blogs

Stafford Rosenbaum lawyers author unique blogs on a diverse range of topics including franchise & distribution law, employment and labor law, municipal, and trust and estates law.

These publications are intended for general information purposes for the community and highlights recent changes and developments in the legal area. These publications do not constitute legal advice, and the reader should consult legal counsel to determine how this information applies to any specific situation.

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Filed Under: Election and Political Law

Seventh Circuit Calls into Question “Stalking-Horse” Election Claims

By: Douglas M. Poland Rick A. Manthe

Earlier this month, the Seventh Circuit Court of Appeals decided a case involving allegations that a candidate for public office orchestrated a plan to put two other candidates on the ballot to split voters and ensure a victory. The case, Gonzales v. Madigan, No. 20-1874, 2021 WL 857476 (7th Cir. Mar. 8, 2021), could have […]

Mar 31, 2021 in Blogs
Filed Under: Election and Political Law

Stafford Rosenbaum’s Election and Political Law Team Hard at Work Post-Election

By: Jeffrey A. Mandell Rick A. Manthe Rachel E. Snyder

Stafford Rosenbaum LLP’s election and political law attorneys have had a 2020 filled with noteworthy cases. The new practice group was launched this year, co-chaired by Attorneys Jeff Mandell and Doug Poland, and has been even busier in the last quarter of the year with cases involving presidential post-election results challenges. Stafford Rosenbaum represents Wisconsin […]

Dec 17, 2020 in Blogs
Filed Under: Appellate Practice Municipal Law

Court of Appeals Accepts Petition for Interlocutory Appeal on Discretionary Immunity, Reverses in Favor of Stafford Rosenbaum’s Client to Dismiss Case

By: Ted Waskowski Kyle Engelke

At the end of last week, the Court of Appeals recommended for publication an opinion resulting from a permissive interlocutory appeal sought by Stafford Rosenbaum on behalf of the City of Monroe.  Stafford sought the appeal after the trial court denied the City’s motion for summary judgment asserting absolute and governmental immunity in response to […]

Dec 08, 2020 in Blogs
Filed Under: Appellate Practice Municipal Law

Court of Appeals Holds that a Continuing Trespass Does Not Circumvent the Notice of Injury Requirements

By: Pahoua Thao Kyle Engelke

The Wisconsin Court of Appeals recently found that a continuing trespass does not create a new “event” each day that it remains on the property.  See Ebert v. Village of Gresham, 2020 WL 6278316, ¶¶ 2, 13.  Because a new event is not created each day, a claimant must file a notice of injury within […]

Nov 18, 2020 in Blogs
Filed Under: Appellate Practice Municipal Law

Court of Appeals Confirms that an Unimproved Platted Public Road May Not Be Adversely Possessed

By: Olivia M. (Pietrantoni) Dunn Matthew Dregne

A property owner, Timothy Casa De Calvo, sued the Town of Hudson claiming that he adversely possessed real property adjacent to his house. The property in question had been dedicated about 31 years before as a street on a subdivision plat. The circuit court granted summary judgment in favor of the Town, and the court […]

Sep 22, 2020 in Blogs
Filed Under: Trust & Estates Law Trusts and Estates

Attention Parents: Are Your Kids Headed to College during the COVID-19 Pandemic? Here’s Why They Need Powers of Attorney

By Stafford Rosenbaum

A power of attorney is a document that allows someone to appoint an agent to act on their behalf in the event that they become incapacitated or unable to make decisions on their own. These documents relate to financial and healthcare matters. One of the greatest benefits of a power of attorney is that it […]

Jul 24, 2020 in Blogs
Filed Under: Appellate Practice Municipal Law

Wisconsin Court of Appeals Allows Inclusion of Parking Lot Income in Milwaukee Property Tax Assessment

By: Kyle Engelke Ted Waskowski

In Milwaukee Block 10 Properties v. City of Milwaukee, the Wisconsin Court of Appeals reaffirmed two key principles in its reversal of a circuit court decision which ordered the City of Milwaukee to revise its property tax assessment for the Aloft Hotel. First, Wisconsin affords substantial deference to property tax assessments prepared by municipalities. Property […]

Jul 09, 2020 in Blogs
Filed Under: Appellate Practice Litigation

Wisconsin Court of Appeals Strikes Down Insurer’s Limitation on Underinsured Motorist Coverage

By: Jeffrey A. Mandell Bruce Huibregtse

The Wisconsin Court of Appeals recently held that Wisconsin law precludes enforcement of a provision in an insurance policy that purported to limit underinsured motorist (“UIM”) coverage to only those insureds who sustain bodily injury or death. Ryan Johnson died from injuries sustained in a collision involving an underinsured vehicle. Johnson’s minor son, Elliot Brey, […]

Jul 07, 2020 in Blogs
Filed Under: Appellate Practice Employment & Labor Litigation

U.S. Supreme Court Holds Employment Protection Reaches Sexual Orientation and Transgender Status

By: Rick A. Manthe Jeffrey A. Mandell

Title VII is the portion of the federal Civil Rights Act that prohibits employers from discriminating on the basis of race, color, religion, sex, and national origin. It was first adopted by Congress in 1964. Last week, in a 6-3 ruling, the U.S. Supreme Court interpreted Title VII to prohibit discrimination on the basis of […]

Jun 25, 2020 in Blogs
Filed Under: Government Law Municipal Law

Unique COVID-19 Recovery Needs Addressed through Local Government Aid

By: Laura E. Callan

Last week Governor Evers announced a $200 million program for local leaders entitled “Routes to Recovery: Local Government Aid Grants.” The program intends to address Wisconsin communities’ urgent and unique situations surrounding COVID-19 recovery. Funded by federal CARES Act dollars, these grants are in addition to the $1 billion in state-wide COVID-19 related aid that […]

Jun 02, 2020 in Blogs
Filed Under: Environmental Law Municipal Law

Stafford Rosenbaum Helps Pier Owner Simplify Wisconsin Law on Permit Exemptions

By: Kyle Engelke Larry Konopacki Paul Kent

Recently the Court of Appeals released an opinion holding that municipal pier regulations enacted pursuant to Wis. Stat. § 30.13(2) cannot be applied to a pier that qualifies for a state permit exemption under Wis. Stat. § 30.12(1g)(f).  As a result, the Court of Appeals reversed the trial court’s decision in order to rule in […]

May 21, 2020 in Blogs
Filed Under: Business Law Litigation

Seventh Circuit Decides “Corn Syrup” Advertising Feud between Molson Coors and Anheuser-Busch

By: Matthew V. Fisher

The Seventh Circuit has weighed in on the highly publicized advertising dispute between beer giants Molson Coors and Anheuser-Busch.  See Molson Coors Beverage Company v. Anheuser-Busch Companies, LLC, Nos. 19-2200, 19-2713, 19-2782, 19-3097 & 19-3116 (7th Cir. May 1, 2020). In early 2019, Anheuser-Busch began advertising that Miller Lite and Coors Light use corn syrup […]

May 19, 2020 in Blogs
Filed Under: Environmental Law

DNR Can Consider Cumulative High Capacity Well Impacts Under New Attorney General Decision

By: Rick A. Manthe Vanessa D. Wishart

On May 1, 2020, Wisconsin Attorney General Josh Kaul reversed his predecessor’s opinion prohibiting the Department of Natural Resources (“DNR”) from considering the cumulative impacts of high capacity wells[1] on waters of the state.  The events leading up to this reversal are critical to understanding the current and future effects of this new Attorney General […]

May 19, 2020 in Blogs
Filed Under: Appellate Practice Government Law Municipal Law

Court Reiterates that Not All Government Actions that Diminish Property Value Are Compensable

By: Rick A. Manthe Larry Konopacki Jeffrey A. Mandell

State and local governments have a variety of powers. They can take private property for public use, but they have to fairly compensate the property owner. They can also use their police power—a broad array of authority to protect public health and safety—to regulate the use of property. The Wisconsin Court of Appeals’ recent decision […]

May 18, 2020 in Blogs
Filed Under: Environmental Law

Supreme Court Expands Scope of Clean Water Act

By: Paul Kent Vanessa D. Wishart Rick A. Manthe

The scope of the Clean Water Act (“CWA”) expanded under the Supreme Court’s ruling in County of Maui v. Hawaii Wildlife Fund, 590 U.S. ___ (2020). The Court found that the CWA requirement for a permit prior to discharging a pollutant to navigable water could apply to pollutant discharges to groundwater that subsequently travel to […]

May 04, 2020 in Blogs
Filed Under: Appellate Practice Business Law

Court of Appeals Applies Economic Loss Doctrine to Subcontractor Dispute under Interrelated Contracts Theory

By: Matthew V. Fisher Bruce Huibregtse

The Wisconsin Court of Appeals recently issued a decision expanding the economic loss doctrine to horizontal claims by subcontractors who lack contractual privity.  See Mechanical, Inc. v. Venture Electrical Contractors, Inc., No. 2018AP2380 (Apr. 22, 2020). The issue was whether one subcontractor could assert a negligence claim seeking purely economic losses (in this case delay […]

Apr 24, 2020 in Blogs
Filed Under: Appellate Practice Business Law

Seventh Circuit Upholds Dismissal of Subcontractor’s Meritless Claims for Damages Based on Customary Bid Negotiations with General Contractor

By Stafford Rosenbaum

Earlier this week, the Seventh Circuit affirmed the district court’s order granting our client’s, Annex Construction, LLC, motion for summary judgment dismissing all claims brought against it by a framing subcontractor, Skyrise Construction Group, LLC.  See Skyrise Construction Group, LLC v. Annex Construction, LLC, Case No. 19-1461 (7th Cir. April 21, 2020).  In a unanimous […]

Apr 23, 2020 in Blogs
Filed Under: Government Law Municipal Law

The CARES Act’s $500 Billion Municipal Liquidity Facility: What’s in It for Wisconsin Municipalities?

By: Laura E. Callan

Section 4003(a) in Title IV of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) provides the much discussed $500 billion “bailout” that will be used under Section 4003(b) to finance (1) finance airlines, (2) cargo air carriers, (3) “national security” businesses, and, (4) Federal Reserve programs to lend to, or otherwise support […]

Apr 16, 2020 in Blogs
Filed Under: Government Law Municipal Law

The Coronavirus Relief Fund: Show Wisconsin Municipalities the Money

By: Laura E. Callan

Direct Grants to States for Coronavirus Expenses Title V of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”), Section 5001, provides for the distribution of $139 billion to the States, excluding the District of Columbia, from the Coronavirus Relief Fund (a new Title VI to the Social Security Act). […]

Apr 16, 2020 in Blogs
Filed Under: Appellate Practice Litigation

Stafford Rosenbaum Team Wins Unanimous Ruling from Wisconsin Supreme Court

By: Jeffrey A. Mandell Jared Potter Eileen M. Kelley Anthony Menting

Today, six months after oral argument, the Wisconsin Supreme Court unanimously ruled in favor of our client, Lynnea Landsee-Pulikkila, and reversed a 2019 decision of the Wisconsin Court of Appeals. The majority opinion, authored by Justice Ann Walsh Bradley, recognized that the court of appeals “jumped the gun” by imposing a constructive trust in this […]

Apr 14, 2020 in Blogs
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