Filed Under: Dealership & Franchise Law
Putting “Secrets” in the FDD: A Franchisor Nondisclosure Trap
The Federal Trade Commission mandates disclosure of “any material action involving the franchise relationship during the last fiscal year” under Item 3 of the Franchise Disclosure Document (“FDD”), which must be provided to all prospective franchisees. But as a recent opinion of the U.S. Court of Appeals for the Seventh Circuit illustrates, this seemingly innocuous […]
Filed Under: Appellate Law Municipal Law
Wisconsin Supreme Court Favors Dodgeville on Retroactivity Question in Property Tax Litigation
This week, the Wisconsin Supreme Court ruled in favor of the City of Dodgeville, represented by Stafford Rosenbaum, in a major procedural dispute related to property tax litigation between the City and Lands’ End. Lands’ End, Inc. v. City of Dodgeville, 2016 WI 64. The Court’s decision affirms the plain text of the statute governing […]
Filed Under: Appellate Law
The Wisconsin Supreme Court Takes a Second Bite at the Apple in ‘Fontana Builders’ Case
In Fontana Builders, Inc. v. Assurance Co. of America, the Wisconsin Supreme Court recently considered an insurance dispute featuring intricate facts and presenting a procedural puzzle. It may well be, as Justice Rebecca Bradley suggests in her separate opinion, that the outcome is motivated at least partially by a sense that the facts in this […]
Filed Under: Dealership & Franchise Law
New Law Limits Franchisors’ Joint Employer Liability Exposure In Wisconsin
In an environment where franchisors are increasingly concerned about being deemed “joint employers” with their franchisees, the Wisconsin Legislature has provided some welcome relief. It has enacted legislation that provides franchisors with assurances that they will not be treated as an “employer” of the employees of a franchisee for purposes of Wisconsin laws pertaining to […]
Filed Under: Appellate Law Municipal Law
Supreme Court Upholds Warrantless Breath Tests and Limits Penalties for Blood Test Refusals
In Birchfield v. North Dakota, 579 U.S. __ (June 23, 2016), the United States Supreme Court held warrantless breath tests incident to arrest for drunk driving constitutional, but found warrantless blood tests unconstitutional. The Court also held that, despite the existence of implied consent laws in all States, criminal penalties cannot be imposed against drivers […]
Filed Under: Appellate Law
Wisconsin Court of Appeals Suggests Circuit Courts Have Discretion Not to Follow Procedural Rules
A recent Wisconsin Court of Appeals seems to suggest that circuit courts have broad latitude in complying with the Wisconsin Rules of Civil Procedure. First Nat’l Bank of Am. v. Hanson, No. 2015AP925 (Wis. Ct. App. July 6, 2016). While judges should construe the Rules to “secure just, speedy, and inexpensive determination[s]” in litigation, the […]
Filed Under: Appellate Law Municipal Law Trust & Estates Law
Wisconsin Supreme Court Holds that Milwaukee Cannot Enforce City Employee Residency Requirements
In Milwaukee Police Association v. City of Milwaukee, 2016 WI 47, the Wisconsin Supreme Court held that Wis. Stat. § 66.0502 precludes the City from enforcing its residency requirement. For many years, the City of Milwaukee has required its city employees to reside within city limits as a condition of employment. On June 20, 2013, […]
Filed Under: Appellate Law
Why Murr v. Wisconsin is a Fascinating Takings Case that the U.S. Supreme Court Should Not Decide
The U.S. Supreme Court is commanding attention this week for its decisions in the final, and sometimes more contentious, cases of this Term. And while we too are following the Court this week, we’re also looking at a case the Court will hear in the fall. Murr v. Wisconsin, No. 15-214 (U.S.), is a fascinating […]
Filed Under: Appellate Law
Part 1: The Factual and Procedural Background of Murr v. Wisconsin
The case involves two adjacent riverfront lots along the St. Croix River in northwest Wisconsin. In 1968, the Upper St. Croix River was one of eight rivers granted federal protection under the Wild and Scenic Rivers Act. In 1972, another act of Congress extended protection to the Lower St. Croix River. Legislation and regulation on […]
Filed Under: Appellate Law
Part 2: Why the Supreme Court Should Decide Not to Decide Murr v. Wisconsin
The amicus brief we filed on behalf of WCA, WTA and the League did not delve into the merits of the takings issue that the parties are disputing. Rather, it sought to complement the parties’ arguments and assist the Court in two ways: First, based on our clients’ expertise as representatives of Wisconsin local governments, […]
Filed Under: Appellate Law
Part 3: The Arguments of the Parties and the Federal Government in Murr v. Wisconsin
The dispute over the validity of the St. Croix County zoning ordinance at issue in Murr really depends on how you define the petitioners’ property. (For an overview of the facts of this case, click here.) If, like the petitioners, you believe that Lots E and F are separate properties and must be considered as […]
Filed Under: Municipal Law
Beware the Liability Boogeyman
When it comes to opposing governmental decision-making, ‘boogeyman’ threats are not just the stuff of bedtime stories. Traditionally, the term ‘boogeyman’ serves as a common allusion to a mythical creature used in many cultures to frighten children into good behavior. If many nay-sayers at local governmental meetings are to be believed, these ‘boogeyman’ are no […]
Filed Under: Appellate Law
Seventh Circuit Imposes Monetary Sanctions Against Lawyer for Forum Shopping
It is fairly accepted that strategic considerations factor into most plaintiffs’ choices of forum in which to sue. Yet the Seventh Circuit last week held that such forum shopping can rise to the level of conduct punishable by monetary sanctions. See Boyer v. BNSF Ry. Co., Nos. 14-3131 & 14-3182, slip op. (7th Cir. June […]
Filed Under: Appellate Law
Wisconsin Supreme Court Provides Little Guidance with Hyper-textual Ruling on Service of Process
Before filing suit against the state for the actions of a state employee, a plaintiff must notify the attorney general. Specifically, notice “shall be served upon the attorney general at his or her office in the capitol by certified mail.” Wis. Stat. §893.82(5). Because the attorney general’s office in the capitol does not accept mail […]
Filed Under: Appellate Law Municipal Law
New Richmond Decision Provides Some Clarity on Public Records, but Questions Still Remain
The Wisconsin Court of Appeals issued a decision in the ongoing case of New Richmond News v. City of New Richmond, 2014AP1938 on May 10, 2016. The decision provides much anticipated instruction on the interplay between the Wisconsin Public Records Law and the Driver’s Privacy and Protection (DPPA). However, the decision also leaves many questions […]
Filed Under: Appellate Law
Wisconsin Court of Appeals Rules for First Time on Waivers of Right to a Civil Jury Trial
The Wisconsin Constitution guarantees the right to jury trial, even for civil litigants. Art. I, § 5. It also expressly provides for the waiver of that right “in the manner prescribed by law.” Id. In Parsons v. Associated Banc-Corp., No. 2014AP2581, slip op. (Wis. Ct. App. May 10, 2016), the Wisconsin Court of Appeals illuminated, […]
Filed Under: Appellate Law
Drug Recognition Evaluators and Daubert
The Wisconsin Court of Appeals recently held that testimony from a police officer trained as a drug recognition evaluator (“DRE”) is based upon “specialized knowledge” subject to Wisconsin’s Daubert standard under Wis. Stat. § 907.02. State v. Chitwood, 2015AP97, ¶ 32 (Wis. Ct. App. Apr. 13, 2016). In its published decision, the court further held […]
Filed Under: Municipal Law
New Bill Helps Municipalities Construct and Maintain Stormwater Ponds
One critical component of stormwater management in many municipalities is the use of stormwater retention ponds. These ponds temporarily store stormwater runoff and release it through a designed outlet structure that helps reduce pollutant loads into waterways and controls erosion. Legislation enacted on April 26, 2016, 2015 Wisconsin Act 387, provides greater latitude for municipalities […]
Filed Under: Government Relations
Governor Walker Signs Riparian Rights and Wetlands Bill into Law
On April 26, 2016, Governor Scott Walker signed Senate Bill 459 into law. Now known as 2015 Act 387 (the “Act”), the proposal will clarify riparian landowners’ rights in a number of areas, including boathouse maintenance and repair, boat shelter construction, seawall installation and replacement, wetland applications, and sensitive area designations. The questions surrounding these […]
Filed Under: Appellate Law
Two Recent Decisions Shed Light on Prohibition of Double Jeopardy for Criminal Defendants
The Wisconsin Court of Appeals recently decided two cases in which criminal defendants objected to efforts by the State to prosecute them twice for the same crime. Both the U.S. Constitution (in the Fifth Amendment) and the Wisconsin Constitution (in article I, section 8) prohibit double jeopardy. The defendant in the first case prevailed on […]
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