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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: Appellate Law Litigation

Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products

By: John P. Shanahan Douglas M. Poland Clementine Uwabera

Interpreting for the first time the product liability statute adopted in 2011, the Wisconsin Supreme Court refuses to adopt Restatement (Third) of Torts Section 2(b) and holds that the consumer-contemplation test remains the standard for determining whether a product is “unreasonably dangerous” in a strict liability claim. Last month, in Murphy v. Columbus McKinnon Corp., 2022 […]

Jan 31, 2023 in Blogs
Filed Under: Appellate Law Litigation

Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products (Extended Post)

By: John P. Shanahan Douglas M. Poland Clementine Uwabera

Interpreting for the first time the product liability statute adopted in 2011, the Wisconsin Supreme Court refuses to adopt Restatement (Third) of Torts Section 2(b) and holds that the consumer-contemplation test remains the standard for determining whether a product is “unreasonably dangerous” in a strict liability claim. Last month, in Murphy v. Columbus McKinnon Corp., 2022 […]

Jan 31, 2023 in Blogs
Filed Under: Appellate Law Insurance Law Litigation

Wisconsin Supreme Court Issues Significant Opinion: Insurers Cannot Use Preclusion Principles to Sidestep Duty to Defend

By: Jeffrey A. Mandell Clementine Uwabera Douglas M. Poland David P. Hollander

Wisconsin Supreme Court issues significant insurance coverage opinion, finding that insurers cannot use preclusion principles to sidestep duty to defend. On January 26, 2022, the Wisconsin Supreme Court weighed in on one potential exception to the “complaint test” as a method of determining whether an insurance company has a duty to defend a lawsuit brought […]

Jan 30, 2023 in Blogs
Filed Under: Business Law Environment and Land Use Law

Global Resiliency Building Guidelines: What Engineers and Architects Need to Know about Building Codes and Climate Change

By: Jessica C. Mederson

Building codes are something most of us don’t hear much about (unless you binge-watch HGTV reno shows like I do). Created to establish minimal life safety requirements for the construction/renovation of buildings, they can vary from state to state and even town to town. Building codes first became part of the American legal landscape in […]

Nov 17, 2022 in Blogs
Filed Under: Appellate Law Litigation

A Skeptical View of Daubert Motions in Two Recent Wisconsin Court of Appeals Decisions

By: Colin T. Roth

Litigants routinely rely upon expert witnesses to provide opinion testimony at trial based on their specialized knowledge, training or experience. Also common, the opponent sees serious methodological flaws and thus reaches for a well-known weapon: a Daubert motion asking the trial court to exclude from evidence the report and any associated testimony. Originating in Daubert […]

Nov 09, 2022 in Blogs
Filed Under: Business Law Environment and Land Use Law Government Law

The SEC May Require Companies to Disclose Climate-Related Risks and Information

By: Jessica C. Mederson Mathias Rekowski

As governments across the globe and at every level—from local to national—work to find productive means of addressing the increasing threats posed by climate change, a new government agency entered the fray last spring: the SEC. In March, the SEC proposed that companies begin providing climate-related information disclosures. The potential implementation of the rule, however, […]

Oct 31, 2022 in Blogs
Filed Under: Appellate Law Litigation

Non-Delegation in Wisconsin after Becker v. Dane County: The Dissenters

By: Colin T. Roth

A prior post discussed how, in Becker, et al. v. Dane County, et al., Nos. 2021AP1343 & 2021AP1382, the Wisconsin Supreme Court recently turned back an effort to revive the non-delegation doctrine, a tool that—at least in its sharper versions—could be used to pare back much of the modern administrative state. This post picks up […]

Oct 25, 2022 in Blogs
Filed Under: Appellate Law Litigation

Non-Delegation in Wisconsin after Becker v. Dane County

By: Colin T. Roth

At the end of its 2021-22 term, the Supreme Court released its long-awaited decision in Becker, et al. v. Dane County, et al., Nos. 2021AP1343 & 2021AP1382. The case affirmed the validity of orders issued by the joint public health department of Dane County and the City of Madison to control COVID-19 by, among other […]

Oct 17, 2022 in Blogs
Filed Under: Family Law

Statutory Updates in Family Law, Part III

By: Tiffany L. Highstrom

Recently, the Wisconsin Legislature adopted several new statutes related to family law.  This is the third installment of those legislative changes, and the adoption of the Uniform Deployed Custody and Visitation Act is one of the more substantive additions to this series.          2021 Wisconsin Act 161, or the Uniform Deployed Custody and Visitation Act, […]

Jul 07, 2022 in Blogs
Filed Under: Family Law

Statutory Updates in Family Law, Part II

By: Tiffany L. Highstrom

This blog continues to focus on some of the procedural and substantive legal changes that resulted from the 2021-2022 Legislative Session. 2021 Act 204: Codifying Keller and Creating Uniformity in Procedure In addition to some of the procedural statutory updates in the last blog post, a new procedural format was established for litigants in family […]

Jul 05, 2022 in Blogs
Filed Under: Appellate Law Business Law Insurance Law Litigation

Wisconsin Joins the Majority: Profit Losses Due to COVID-19 Not Insured

By: David P. Hollander

Nationwide, restaurants and bars felt financial strain over the past two years. With measures in place to prevent the spread of COVID-19, many food and beverage businesses were subject to restrictions on the use of their in-person dining rooms. In a recent case, the Wisconsin Supreme Court found that COVID-19 related business interruption losses were […]

Jul 01, 2022 in Blogs
Filed Under: Family Law

Statutory Updates in Family Law, Part I

By: Tiffany L. Highstrom

Over the last several years, the Wisconsin Legislature, in the wake of the 2018 Joint Legislative Council Study Committee on Child Placement and Support, several new legislative initiatives were introduced.  The COVID-19 pandemic delayed the passage of many of these bills, but several passed in the 2020-2021 Legislative Session.  Many of these statutes are procedures, […]

Jun 30, 2022 in Blogs
Filed Under: Appellate Law Litigation

Seventh Circuit Rejects Students’ Claim that University’s Refusal to Refund Fees During COVID Closures Amounts to Constitutional Violation

By: David P. Hollander

Public bodies deal with many of the same legal issues as private enterprises—plus a host of unique risks that arise because they are public actors. Public bodies therefore must take care to ensure that they are not violating the protected constitutional rights of their citizens, employees, contractors, or (in the case of schools) students. A […]

Jun 02, 2022 in Blogs
Filed Under: Appellate Law Municipal Law

Court of Appeals Determines City Development Condition Is Unconstitutional Taking

By: Isaac S. Brodkey Rick A. Manthe Larry Konopacki

This month, the Court of Appeals affirmed a circuit court decision that held that the City of Brookfield engaged in an unconstitutional taking when it conditioned the approval of a subdivision development on construction of a new public street. The Court of Appeals determined that this “exaction” was not permissible because it did not address […]

May 02, 2022 in Blogs
Filed Under: Litigation

Seventh Circuit Resolves Open Question Under Class Action Fairness Act

By: David P. Hollander Douglas M. Poland

CAFA Background and Exceptions On March 16, 2022, the Seventh Circuit issued its opinion in Schutte v. Coix Health, resolving an open question about the breadth of the Class Action Fairness Act (“CAFA”). 28 USC § 1711 et seq. Congress enacted CAFA in 2005 to expand the availability of federal courts to class action defendants; […]

Apr 20, 2022 in Blogs
Filed Under: Dealership & Franchise Law

What Wisconsin Wholesalers Need to Know about the Treasury Department’s Competition Report

By: Jeffrey A. Mandell Isaac S. Brodkey

Last summer, President Joe Biden issued Executive Order 14036 targeting “any unlawful trade practices in the beer, wine, and spirits markets, such as certain exclusionary, discriminatory, or anticompetitive distribution practices,” as well as “patterns of consolidation in production, distribution, or retail beer, wine, and spirits market.” The Executive Order required that the United States Department […]

Mar 14, 2022 in Blogs
Filed Under: Dealership & Franchise Law

Wisconsin Legislature Considers Bill to Regulate Third-Party Food Delivery Services

By: James Egle Isaac S. Brodkey

The use of third-party food delivery services has skyrocketed during the COVID-19 pandemic. Companies such as Grubhub, Uber Eats, and DoorDash provide customers with greater access to their favorite restaurants without having to leave the comfort of their own homes. But the use of such delivery services has also caused troubles for customers and restaurants […]

Feb 09, 2022 in Blogs
Filed Under: Election & Political Law

League of Women Voters of Wisconsin Files Lawsuit to Reactivate 31,854 Voters

By: Douglas M. Poland

The League’s second challenge to unjust voter purges in Wisconsin seeks to reinstate voters before 2022 midterm elections. MADISON — Today, the League of Women Voters of Wisconsin, represented by Fair Elections Center, Law Forward Inc., and Stafford Rosenbaum LLP, filed suit in federal court to reinstate more than 31,000 registered Wisconsin voters who were […]

Dec 22, 2021 in Blogs
Filed Under: Appellate Law Insurance Law

Wisconsin Court of Appeals Rules that Reckless Homicide Cannot Constitute an Accident for Purpose of Insurance Coverage

By: Clementine Uwabera Jeffrey A. Mandell

Recently, the Wisconsin Court of Appeals ruled in a case that tests the interaction between criminal law and civil liability. In Dostal v. Strands, 2020AP1943 (Oct. 19, 2021), the court held that an insured’s criminal conviction for second-degree reckless homicide precluded a mother’s claim against the insurer for damages arising from the death of her child. […]

Nov 17, 2021 in Blogs
Filed Under: Appellate Law

Wisconsin Court of Appeals Rejects Attempted Underinsured Motorist Double Dip

By: Bruce Huibregtse Jeffrey A. Mandell Isaac S. Brodkey

At the close of summer, the Wisconsin Court of Appeals rejected an insurance company’s attempt to “double dip” and reduce its underinsured motorist (“UIM”) coverage responsibility to an insured based on a liability payment made to another insured.[1] The case arose from an automobile accident that caused the death of Michael Shimeta and serious injuries […]

Sep 22, 2021 in Blogs
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