Filed Under: Appellate Law Business Law
Has the Wisconsin Court of Appeals Shown A Path to Change Successor Liability Law?
Denasha Scott, a partner in the firm's Milwaukee office, was among this year's Wisconsin Law Journal's Women in the Law honorees. The Wisconsin Law Journal honored outstanding achievement by the top women in the practice of law who by achieving success, have also paved the way for success for other women in the legal profession.
Filed Under: Municipal Law
U.S. Supreme Court Holds That Federal Age Discrimination Law Applies to All Public Employers
Stafford’s Barb Neider co-authored the recently published article, “Not Authorized! Employees and Computer Fraud” with Joseph Diedrich. This article appears in the June issue of the Wisconsin Lawyer, the official monthly publication of the State Bar of Wisconsin.
Filed Under: Appellate Law
Two Strikes and You’re Out: 7th Circuit Addresses Federal and State Rules on Voluntary Dismissal
Ten attorneys from Stafford Rosenbaum have been selected to the 2015 Wisconsin Super Lawyers list. Moreover, Anthony Menting was selected as one of the top 25 lawyers in Madison, and Daphne Webb was chosen as one of the top 25 women attorneys in Wisconsin. Three Stafford attorneys were chosen for the 2015 Wisconsin Rising Stars list.
Filed Under: Appellate Law
Wisconsin Court of Appeals Affirms Limited Scope of Insurance Agents’ Duties to Insureds
Tiffany Highstrom, a Partner at Stafford Rosenbaum, has been chosen as a recipient of the 2018 Women in the Law Award. This prestigious honor is bestowed upon 29 attorneys, and celebrated at a dinner event put on by the Wisconsin Law Journal on June 21, 2018 at Discovery World in Milwaukee.
Filed Under: Business Law
Wisconsin Issues Emergency Rule Implementing Wayfair Requiring Internet Sellers to Collect Sales Tax
On September 6, 2018, the Wisconsin Department of Revenue (“WDOR”) issued Emergency Rule 1819 requiring out-of-state internet sellers to collect and remit Wisconsin sales taxes if the seller’s sales or number of transactions exceed the substantial nexus thresholds upheld by the U.S. Supreme Court in its June 21, 2018 decision in South Dakota v. Wayfair, […]
Filed Under: Appellate Law
What Will Follow from Wholesale Changes to Wisconsin’s Class-Action Statute?
On July 1, 2018, for the first time in more than a century, major changes to Wisconsin’s class-action statute took effect. See Supreme Court Order No. 17-03, 2017 WI 108. As a result, Wis. Stat. §803.08 now mirrors, nearly identically, Federal Rule of Civil Procedure 23, which governs class-action suits in federal courts. The harmonization […]
Filed Under: Appellate Law
Europe’s New Personal Data Protection Law Will Have Broad Impact on U.S. Businesses
SAS and OMP The European Union Parliament enacted the General Data Protection Regulation (“GDPR”), which aims to protect the personal information of individuals in the EU. Many U.S. businesses will have to comply with the GDPR if they have personal information—which includes a variety of data from name to birthdate, home address to IP address, […]
Filed Under: Appellate Law Municipal Law
Court of Appeals Suggests Possible Path To Waiver of PFC Review
Court of Appeals Suggests Possible Path To Waiver of PFC Review Can a municipality and a public safety employee agree to waive the disciplinary process before a police and fire commission under Wis. Stat. § 62.13(5). Yes, at least in some circumstances, according to the Wisconsin Court of Appeals. City of Janesville v. WERC, 193 […]
Filed Under: Appellate Law Municipal Law
Condemnor’s Duty to Negotiate in Good Faith is Limited to Compensation
Condemnor’s Duty to Negotiate in Good Faith is Limited to Compensation In Zastrow v. American Transmission Company LLC, Case No. 17-AP-1848 (July 3, 2018) (unpublished) the Wisconsin Court of Appeals confirmed that a condemnor’s duty to negotiate in good faith relates only to the issue of compensation. American Transmission Company (ATC) held a pre-existing transmission […]
Filed Under: Appellate Law
Supreme Court Ends Great Weight Deference to Agency Legal Interpretations, Splinters on Rationale
Supreme Court Ends Great Weight Deference to Agency Legal Interpretations, Splinters on Rationale For decades, Wisconsin courts deferred to administrative agencies’ interpretation of statutes and regulations under certain conditions. See Harnischfeger Corp. v. LIRC, 196 Wis. 2d 650, 659–60, 539 N.W.2d 98 (1995). The Supreme Court of Wisconsin put an end to this practice in […]
Filed Under: Municipal Law
Wis. Supreme Court Finds TID Findings are Legislative Determinations, Subject to Certiorari Review
Wis. Supreme Court Finds TID Findings are Legislative Determinations, Subject to Certiorari Review In a recent 5-2 decision, the Wisconsin Supreme Court held, inter alia, that findings of blight and a corresponding need for Tax Incremental Districts (TIDs) were “legislative determinations” and therefore not susceptible to full declaratory judgment review. Voters with Facts v. City […]
Filed Under: Appellate Law
Enbridge Pipeline Expansion Likely to Proceed After Proof of Insurance
Enbridge Corporation (“Enbridge”) transports crude oil through a pipeline that runs from Superior, Wisconsin to Pontiac, Illinois. Enbridge wants to expand the volume of crude oil pumped through their line. The Dane County Board of Supervisors granted Enbridge a conditional use permit (“CUP”), subject to two insurance-related conditions. Condition 7 required Enbridge to procure and […]
Filed Under: Appellate Law
The Final Countdown: Changes to Discovery Rules (and more!) Await Litigants Starting Next Month
As litigants turn the calendar on June, significant new rules await for cases filed after July1, 2018. Rather than take its cues from the Wisconsin Supreme Court, which traditionally governed procedural rules, the Legislature enacted substantial changes to Wisconsin’s laws on discovery. In 2017 WI Act 235, the Legislature implemented many new rules covered below […]
Filed Under: Family Law
2017 Wisconsin Act 203 Makes Significant Changes to Procedure Relating to Post-Divorce Relocation
2017 Wisconsin Act 203 (“Act 203”) recently made significant changes to the law that governs when one divorced parent seeks to relocate geographically far away from their child’s other parent. This post summarizes Act 203’s changes to prior law and details the new procedures and standards applicable under the Act. Act 203, which went in […]
Filed Under: Employment & Labor Law
U.S. Supreme Court Holds Employers May Require Individual Arbitration of Employment Disputes
In a case that began in Verona, Wisconsin, the U.S. Supreme Court held earlier this week that the National Labor Relations Act (“NLRA”) does not prohibit employment agreements requiring arbitration of grievances on an individual basis. See Epic Systems Corp. v. Lewis, No. 16-285 (May 21, 2018). Epic Systems extends a string of cases over […]
Filed Under: Appellate Law
Wis. Supreme Court Narrows Fraudulent-Transfer Exception, Suggests Stringent Pleading Requirements
Generally, companies purchasing the assets of another company are not responsible for the seller’s liabilities. One long-established, but poorly defined, exception applies when the assets are transferred fraudulently in an effort to evade liabilities. In Springer v. Nohl Electric Products Corp., the Wisconsin Supreme Court took a step towards clarifying (and perhaps limiting) this fraudulent-transfer […]
Filed Under: Appellate Law
Court of Appeals Reverses Agency Prohibition on Strip Searches at Juvenile Residential Care Centers
In Milwaukee Academy v. Department of Children and Families, 2016 AP 2377, the Wisconsin Court of Appeals faced the question of whether residential care centers for minors are prohibited from ever strip-searching residents. The Court concluded that state law does not contain a blanket prohibition against strip searches in all circumstances. The specific strip search […]
Filed Under: Appellate Law
New Technologies Will Present New “Walking Quorum” Challenges for Governmental Bodies
Stafford Rosenbaum LLP is pleased to announce that Attorney Amy T. Collins has joined the firm as an associate. Collins practices family law and estate planning in the firm’s Madison office.
