Filed Under: Environment and Land Use Law
DNR Can Consider Cumulative High Capacity Well Impacts Under New Attorney General Decision
On May 1, 2020, Wisconsin Attorney General Josh Kaul reversed his predecessor’s opinion prohibiting the Department of Natural Resources (“DNR”) from considering the cumulative impacts of high capacity wells[1] on waters of the state. The events leading up to this reversal are critical to understanding the current and future effects of this new Attorney General […]
Filed Under: Appellate Law Government Law Municipal Law
Court Reiterates that Not All Government Actions that Diminish Property Value Are Compensable
State and local governments have a variety of powers. They can take private property for public use, but they have to fairly compensate the property owner. They can also use their police power—a broad array of authority to protect public health and safety—to regulate the use of property. The Wisconsin Court of Appeals’ recent decision […]
Filed Under: Environment and Land Use Law
Supreme Court Expands Scope of Clean Water Act
The scope of the Clean Water Act (“CWA”) expanded under the Supreme Court’s ruling in County of Maui v. Hawaii Wildlife Fund, 590 U.S. ___ (2020). The Court found that the CWA requirement for a permit prior to discharging a pollutant to navigable water could apply to pollutant discharges to groundwater that subsequently travel to […]
Filed Under: Appellate Law Business Law
Court of Appeals Applies Economic Loss Doctrine to Subcontractor Dispute under Interrelated Contracts Theory
The Wisconsin Court of Appeals recently issued a decision expanding the economic loss doctrine to horizontal claims by subcontractors who lack contractual privity. See Mechanical, Inc. v. Venture Electrical Contractors, Inc., No. 2018AP2380 (Apr. 22, 2020). The issue was whether one subcontractor could assert a negligence claim seeking purely economic losses (in this case delay […]
Filed Under: Appellate Law Business Law
Seventh Circuit Upholds Dismissal of Subcontractor’s Meritless Claims for Damages Based on Customary Bid Negotiations with General Contractor
Earlier this week, the Seventh Circuit affirmed the district court’s order granting our client’s, Annex Construction, LLC, motion for summary judgment dismissing all claims brought against it by a framing subcontractor, Skyrise Construction Group, LLC. See Skyrise Construction Group, LLC v. Annex Construction, LLC, Case No. 19-1461 (7th Cir. April 21, 2020). In a unanimous […]
Filed Under: Government Law Municipal Law
The CARES Act’s $500 Billion Municipal Liquidity Facility: What’s in It for Wisconsin Municipalities?
Section 4003(a) in Title IV of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) provides the much discussed $500 billion “bailout” that will be used under Section 4003(b) to finance (1) finance airlines, (2) cargo air carriers, (3) “national security” businesses, and, (4) Federal Reserve programs to lend to, or otherwise support […]
Filed Under: Government Law Municipal Law
The Coronavirus Relief Fund: Show Wisconsin Municipalities the Money
Direct Grants to States for Coronavirus Expenses Title V of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”), Section 5001, provides for the distribution of $139 billion to the States, excluding the District of Columbia, from the Coronavirus Relief Fund (a new Title VI to the Social Security Act). […]
Filed Under: Appellate Law Litigation
Stafford Rosenbaum Team Wins Unanimous Ruling from Wisconsin Supreme Court
Today, six months after oral argument, the Wisconsin Supreme Court unanimously ruled in favor of our client, Lynnea Landsee-Pulikkila, and reversed a 2019 decision of the Wisconsin Court of Appeals. The majority opinion, authored by Justice Ann Walsh Bradley, recognized that the court of appeals “jumped the gun” by imposing a constructive trust in this […]
Filed Under: Employment & Labor Law
DOL Issues Regulations Implementing the Families First Coronavirus Response Act
On April 1, 2020, the US Department of Labor issued regulations implementing the paid sick leave (PSL) and expanded FMLA (EFMLA) leave portions of the Families First Coronavirus Response Act (FFCRA). A full description of all of the provisions of the regulations is beyond the scope of this blog, but some of the key highlights […]
Filed Under: Business Law
Wisconsin Small Business Guide to the CARES Act
The programs in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, are intended to assist business owners. When implemented, there will be many new resources available for small businesses, as well as certain nonprofits and other employers. This guide provides information about the major programs and initiatives that […]
Filed Under: Business Law
Potential Insurance Coverages Available to Wisconsin Businesses for Losses Arising from COVID-19 Pandemic
With the recent outbreak of the coronavirus (COVID-19) evolving into a worldwide pandemic, virtually every business stands to incur substantial economic losses. One of the options businesses should consider to limit or otherwise mitigate these losses is whether any of the policies in their insurance portfolios for which they paid substantial premiums should be shouldering […]
Filed Under: Employment & Labor Law
Employment Law Update: Families First Coronavirus Response Act
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. This economic stimulus plan is designed to address the impact of the COVID-19 outbreak on Americans and contains two provisions that will impact employers with 1 – 500 employees effective April 2, 2020. Specifically, the FFCRA mandates emergency paid […]
Filed Under: Appellate Law
Court of Appeals Declines Request to Further Complicate Administrative Rule-Making Process
The Court of Appeals recently rejected an attempt to further complicate Wisconsin’s administrative rule-making process, and solidified the ability of agencies to respond to public comments during rulemaking. Applegate-Bader Farm, LLC v. Wisconsin Department of Revenue, 2020 WI App 7, stemmed from an administrative rule proposed by Wisconsin Department of Revenue (DOR) relating to the […]
Filed Under: Appellate Law
Court of Appeals Decision Complicates Insureds’ Ability to Obtain Coverage From Claims-Made Insurers
The Wisconsin Court of Appeals recently issued an insurance coverage decision likely to induce heartburn for risk management personnel responsible for deciding whether and when to notify their liability insurers regarding speculative future claims that may arise. See Vistelar, LLC v. Cincinnati Spec. Ins. Co., No. 2019AP633 (Feb. 25, 2020). At issue in this case […]
Filed Under: Appellate Law Business Law
Wisconsin Supreme Court Declines To Change Successor Liability Law
In 2018, we flagged an unpublished, per curiam decision by the Wisconsin Court of Appeals as unusual. It seemed that the court of appeals, while adhering to the most recent precedent, was strongly signaling that it thought that precedent was wrongly decided and that the Wisconsin Supreme Court should revisit the scope of exceptions to […]
Filed Under: Trust & Estates Law
The SECURE Act
The SECURE (Setting Every Community Up for Retirement Enhancement) Act which was signed into law in late December makes wide ranging changes effecting IRAs, 401(k)s and other qualified retirement plans and retirement plan beneficiaries. The provisions in the Act may require changes to existing estate plans and will necessarily shape future plans. Some of the […]
Filed Under: Employment & Labor Law
Court Must Adjudicate the Merits before Transferring Properties to Trust Over Owner’s Objection
In City of Milwaukee v. Choudry, 2018AP1693 (Dec. 27, 2019), the Wisconsin Court of Appeals reversed a circuit court order transferring the defendant’s properties into a trust. The appellate court held that, because the trial court never made a final judgment on the merits of the case, it lacked authority to impose a remedy. Starting in […]
Filed Under: Employment & Labor Law
Are You Ready? Reminder: New White-Collar Exemption Rule is Effective January 1, 2020.
Under the Federal Fair Labor Standards Act (FLSA) “white collar” exemption, employees are exempt and not entitled to overtime if: (1) a “duties” test establishing that the employees are executive, administrative or professional employees as defined by federal rules is met; (2) employees are paid on a salary or fee basis; and (3) employees are […]
Filed Under: Government Relations
Towns Can Still Enforce Some Shoreland Frontage Requirements
In State of Wisconsin ex rel. Michael Anderson v. Town of Newbold, 2018AP547 (Oct. 29, 2019), the Wisconsin Court of Appeals, District III, recently upheld a minimum-shoreland-frontage requirement adopted under a town’s subdivision authority, even though an identical requirement could not be validly adopted within the town’s zoning authority. Michael Anderson owns a lot with […]
Filed Under: Appellate Law
Wisconsin Supreme Court Procedural Orders Limit Circuit Court Authority To Issue Injunctions
The Wisconsin Constitution grants circuit courts the power to “issue all writs necessary in aid of [their] jurisdiction.” Wis. Const. art. VII, § 8. And the Legislature has expressly authorized circuit courts to issue injunctions. Wis. Stat. §§ 813.01, 813.02. Yet, in two unsigned and unpublished procedural orders issued this past spring, the Supreme Court […]
