Blogs

Court of Appeals denies costs to individual who prevailed against unconstitutional forfeiture

Stafford Rosenbaum LLP welcomes Attorney Vanessa Wishart to the firm’s Madison office where her practice focuses on environmental law. Prior to joining Stafford Rosenbaum, Vanessa was a judicial law clerk at the Wisconsin Court of Appeals.

Seventh Circuit reaffirms that issue preclusion applies to United States government

Three Stafford Rosenbaum attorneys have been selected for "Best Lawyers 2016 Lawyer of the Year." Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. Lawyers being honored as “Lawyer of the Year” are selected based on particularly impressive voting averages received during the exhaustive peer-review assessments we conduct with thousands of leading lawyers each year.

Court of Appeals Affirms Police Officer’s Discharge After Taking Unclaimed Property

Johanna J. Allex has been elected to the law firm of Stafford Rosenbaum’s Board of Directors. Ms. Allex is a partner in the firm’s Madison office where her practice covers all aspects of estate planning and estate administration, marital property law, business succession planning, and tax-exempt organization planning and operations.

Wisconsin Supreme Court to Determine Scope of Open Meetings Law in School District Dispute

Stafford Rosenbaum LLP welcomes Attorney John Greene to the firm’s Madison office where his practice focuses on environmental law. John Greene’s practice focuses on environmental law. Prior to joining Stafford, John served as an Assistant Attorney General in the Wisconsin Department of Justice.

Court Prevents County from Regulating Private Underage Drinking Parties

Stafford Rosenbaum LLP is pleased to announce that James I. Statz has been named the firm’s Business Law Team Leader. Statz’s practice includes extensive experience handling highly complex real estate transactions, which routinely involve negotiations with municipalities, lenders, investors, and buyers—as well as zoning laws and many levels of government regulation.

7th Circuit Expands Wisconsin Law, Makes “Substantial Truthfulness” a Tortious Interference Defense

Stafford’s Jeff Mandell authored the recently published essay, “Relish New Ideas”. This essay appears as the “Final Thought” column in November’s “Legal Innovation” issue of Wisconsin Lawyer, the State Bar of Wisconsin’s official magazine. In this piece, Jeff discusses the importance of new ideas and surveys three legal ideas that have captured his interest recently.

Life Insurer Must Pay Benefits to Current Policyholder, Even Absent Insurable Interest

Stafford Rosenbaum LLP welcomes Attorney Richard Latta to the firm’s Madison office where his practice focuses on business law. We are excited to have his expertise as a part of our team.

Attorney Fee Award Resulting from Overtrial is Non-Dischargeable Domestic Support Obligation

Stafford Rosenbaum LLP is pleased to announce that Susan K. Allen has been named the firm’s Litigation Team Leader. Previously, the group was led by Ted Waskowski, who is a senior partner at the firm.

Recent Wisconsin Court of Appeals Makes Professional Malpractice Claims Even Harder for Plaintiffs

When a plaintiff brings a malpractice case against a doctor, a lawyer, or any other professional, the plaintiff faces a built-in disadvantage. The professional has greater knowledge of and deeper training in the subject matter than the plaintiff does. As a result, the plaintiffs in professional malpractice cases frequently turn to expert witnesses as a […]

Rules for Lawyers Derail Fiancée’s Unjust Enrichment Claim Against Menard

Watts v. Watts, 137 Wis. 2d 506, 405 N.W.2d 303 (1987) provides the legal framework for unjust enrichment or joint enterprise claims asserted by non-married, cohabitating partners when a relationship ends. In Sands v. Menard, Case Nos. 2012AP2377 and 2015AP870, the Wisconsin Court of Appealsupheld dismissal ofWatts-type claims brought by an attorney and former fiancée […]

Seventh Circuit Holds that Municipality Did Not Violate Business’s Constitutional Rights

In Black Earth Meat Market, LLC v. Village of Black Earth, No. 15-3818 (7th Cir. Aug. 24, 2016), the Seventh Circuit held that the Village of Black Earth’s efforts to close a slaughterhouse, which included threatened litigation to abate an alleged nuisance, did not violate due process or equal protection. In 2001, Black Earth Meat […]

Seventh Circuit Reiterates Fundamental Principles of Trademark Law (and Litigation Strategy)

The Seventh Circuit recently reiterated long-standing trademark principles while rejecting a litigant’s change in strategy post-trial. The decision in S.C. Johnson & Son, Inc., v. Nutraceutical Corporation and Nutramarks, Inc. involved use of the “BUG OFF” mark on insect repellant products. S.C. Johnson & Son, Inc. acquired a registration for the “BUG OFF” mark and […]

ENFORCEMENT OF MUNICIPAL SIGN ORDINANCES: JUDGE POSNER SENDS A MESSAGE

By definition, dissenting opinions have no precedential value. Yet they can provide important perspectives into the judges who decide to write them and the manner and direction in which the law might evolve. An example may be Seventh Circuit Judge Posner’s dissent in Construction and General Laborers’ Local No. 330 v. Town of Grand Chute, […]

Under Unique Wisconsin Statute, Court Refuses to Enforce Covenant Against Poaching Employees

One of your “big fish” executives leaves employment with your company and goes to work for a competitor. Soon, other employees are leaving. Surely not by coincidence, they join your former big fish, working for your competitor. But your company had locked up Mr. Big Fish with a three-pronged agreement, which included a non-solicitation of […]

Does Size Matter Under Price Discrimination Laws? Seventh Circuit Says “Not Always”

Late last week, the Seventh Circuit Court of Appeals rejected Woodman’s Food Markets’ claim that Clorox Company violated federal price discrimination laws when it ceased selling “large packs” of certain products to Woodman’s, while continuing to sell such large packs to discount warehouses such as Costco and Sam’s Club. A three-judge panel of the Seventh […]

Seventh Circuit: Wisconsin Debtors Can Shield Some Annuities from Creditors

No debtor owes his or her creditors more than the law demands. Late last month, the Court of Appeals for the Seventh Circuit made clear that annuities that qualify for favorable tax treatment are fully exempt from a Chapter 7 bankruptcy estate. See Wittman v. Koenig, No. 15-2798, slip op. (7th Cir. July 26, 2016). […]

Update to Earlier Post on Seventh Circuit’s Imposition of Sanctions for Forum Shopping

In June, I wrote about the Seventh Circuit imposing sanctions on an attorney for engaging in forum shopping. This week, the Seventh Circuit issued another opinion in that case. Christopher D. Stombaugh, the attorney sanctioned in this case, sought rehearing. His petition argued, for the first time, that 28 U.S.C. §1927 does not authorize sanctions […]

Wisconsin Courts Apply Recent US Supreme Court Decision in OWI Refusal Cases

The United States Supreme Court issued its decision in Birchfield v. North Dakota, 579 U.S. ___, 2016 U.S. LEXIS 4058 (June 23, 2016) only weeks ago. More information on the Birchfield decision is available here. In the brief time since Birchfield was decided, the Wisconsin Court of Appeals has already issued multiple opinions interpreting Wisconsin’s […]

Stafford Rosenbaum Welcomes Attorney John S. Greene

Seventh Circuit Holds Wisconsin Law Allows Mortgage Lien On Vendor’s Interest Under Land Contract

The Seventh Circuit Court of Appeals recently held that, under Wisconsin law, a mortgage can properly attach a lien to the vendor’s interest in a land contract. The court stated that the mortgage’s broad language encompassed the borrowers’ interest in the land contract as collateral and the lender perfected its lien by recording the mortgage […]