Filed Under: Municipal Law
Wisconsin Supreme Court Denies Newspaper’s Request for Attorney Fees and Costs
In Journal Times v. City of Racine Board of Police and Fire Commissioners, 2015 WI 56, __ Wis. 2d __, __, N.W.2d __ the Wisconsin Supreme Court recently determined the Newspaper did not prevail in substantial part and, therefore, was not entitled to recover fees and costs incurred in litigation of an Open Records Law […]
Filed Under: Municipal Law
Local Governments Win in Supreme Court Government Speech Case
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., 576 U.S. ___ (2015), the U.S. Supreme Court held, 5-4, that Texas may deny a proposed specialty license plate design featuring the Confederate flag because specialty license plate designs are government speech. Texas offers automobile owners a choice between ordinary and specialty license plates. Those […]
Filed Under: Employment & Labor Law
Proposed Rule Will Dramatically Increase The Number of Employees Eligible For Overtime
Currently, employers cannot classify positions as exempt from federal overtime rules unless they pay workers in those positions a minimum annual salary of at least $23,660.[1] President Obama has directed the federal Department of Labor to change that. On June 29, 2015, President Obama announced a proposed rule that would expand the number of employees […]
Filed Under: Municipal Law
High Court Strikes Down Sign Ordinance
In Reed v. Town of Gilbert, 576 U.S. __ (2015), the United States Supreme Court held unconstitutional a sign ordinance differentiating between ideological, political and temporary directional signs. The Town of Gilbert, Arizona’s sign ordinance restricted the display of outdoor signs without a permit. The ordinance included exemptions for various categories of signs, each of […]
Filed Under: Dealership & Franchise Law
“Frankenstein” Veto Language Interpreted by Federal District Court
A recent post on this blog noted that wine distributors were not covered by an expansion of the definition of “dealer” under 1999 amendments to the Wisconsin Fair Dealership Law (“WFDL”) due to “a creative partial veto from then-Gov. Thompson.” That creative partial veto was front and center in a decision and order issued last […]
Filed Under: Trust & Estates Law
Recent Case Highlights the Importance of Clarity and Follow Through In Avoiding Family Disputes
The recent Wisconsin Court of Appeals decision In the Matter of the Living Trust of Margaret Sheedy and Patrick Sheedy highlights not only the importance of clear drafting, but also follow through in avoiding family disputes in estate planning. The case involves a dispute between six siblings regarding the treatment of their parent’s cabin in […]
Filed Under: Municipal Law
Supreme Court Upholds Reversal of City’s Rescission of Conditional Use Permit
In Oneida Seven Generations Corp. v. City of Green Bay, 2015 WI 50, the Wisconsin Supreme Court found that the City’s decision to rescind the conditional use permit (“CUP”) initially granted to Oneida Seven Generations (“Oneida Seven”) was improper. Oneida Seven submitted an application to the City Plan Commission for a CUP relating to a […]
Filed Under: Municipal Law
Wisconsin Supreme Court Accepts Important Open Records Case
The Wisconsin Supreme Court announced that New Richmond News v. City of New Richmond, is among the cases it has recently accepted for review. This case involves the interplay between the Wisconsin Open Records Law, which generally provides for the disclosure of municipal records to the public, and the Driver’s Privacy and Protection Act (DPPA), […]
Filed Under: Dealership & Franchise Law
Wine and Spirits Distributors Said To Be Seeking Legislative Protections
The Wheeler Report reported on Thursday that five trade associations have raised concerns to statelegislators about rumored proposed amendments to Wisconsin’s Fair Dealership Law that would make it easier for wine and spirits distributors to transfer brand distribution agreements to third parties. One letter to legislators dated May 14, 2015 was jointly authored by the […]
Filed Under: Dealership & Franchise Law
When Does The Statute of Limitations Begin to Run on WFDL Claims?
Although the Wisconsin Fair Dealership Law (“WFDL”) provides significant protections for franchisees and dealers against termination and non-renewal, the statute of limitations for filing WFDL claims is one year. That short limitations period can be a minefield for parties seeking relief under the WFDL. For 30 years, the Wisconsin Supreme Court’s ruling in Les Moise, […]
Filed Under: Municipal Law
New Law Affecting Board of Review Procedures
2013 Wisconsin Act 228 made some new changes to the law governing the Board of Review that took effect January 1, 2015. The major changes to the law are as follows: The municipality must send notices of changed assessment to the property owner at least 30 days before the meeting of the board when the […]
Filed Under: Dealership & Franchise Law
Crowdfunding Comes To The Franchise World
Brian Butler and Paul Kent, attorneys with Stafford Rosenbaum LLP, have been included in Chambers USA 2012: America's Leading Lawyers for Business. The law firm itself was selected separately as one of nine Wisconsin law firms named in the category of Litigation: General Commercial.
Filed Under: Dealership & Franchise Law
Fore! Governmental Entities May Need To Consider Applicability Of WFDL
Stafford Rosenbaum is proud to announce that twenty-one of its attorneys have been named as 2014 Best Lawyers in America. This year’s awards cover attorneys in 134 practice areas, all 50 states and the District of Columbia, and inclusion in this year’s publication is based on more than 4.9 million detailed evaluations of lawyers by other lawyers.
Filed Under: Municipal Law
Appeals Court Finds City Does Not Have Governmental Immunity in Explosion Case
Stafford Rosenbaum LLP proudly supports the Legal Association of Women’s (LAW) annual fundraiser for the Domestic Abuse Intervention Services (DAIS) legal program. LAW invites Dane County businesses to donate a basket for the silent auction.
Filed Under: Government Relations Municipal Law
Proposed Wisconsin Budget Provision Potentially Impacts Municipalities
Gerald Mowris has been reappointed to the Wisconsin State Bar's Legislative Oversight Committee for a two-year term. The Legislative Oversight Committee oversees the State Bar's Government Relations program, including its conflict resolution process for section lobbying.
Filed Under: Government Relations
Property Assessment Consolidation Proposal Raises Questions From Local Governments
Stafford Rosenbaum LLP is proud to announce the launch of the firm’s topical blog, “The Well Planned Estate: A Look at Wills, Trusts and Probate.” This will be the fifth legal blog the firm publishes; other blog topics include: municipal law, environmental law, employment and labor law, franchise and distribution law. “The Well Planned Estate’s” first post looks at estate planning for digital assets ranging from online banking accounts to social media sites.
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