Filed Under: Dealership & Franchise Law
The Wisconsin Fair Dealership Law Enters Its 50th Year: What Is Good Cause?
Good cause is the core protection provided by the Wisconsin Fair Dealership Law. In a dealership relationship covered by the WFDL (see our previous blog post that defines a dealership as it pertains to the Wisconsin Fair Dealership Law), the grantor cannot terminate, fail to renew, cancel, or substantially change the competitive circumstances of the […]
Filed Under: Family Law
You Do Not Have to Sign your Life Away: A Brief Primer on the Benefits of Marital Property Agreements
There are many reasons for small and family business owners to consider a marital property agreement. This post will briefly explain Wisconsin law as to ownership of property at death and divorce without a marital property agreement and why executing a marital property agreement can alter those laws to protect business interests and simplify transfer […]
Filed Under: Business Law Employment & Labor Law Environment and Land Use Law
Keeping Construction Workers Safe in the Face of Climate Change and Extreme Heat
It’s May 1st, which means it’s the beginning of construction safety week. It’s also the day those of us living in Wisconsin can begin to believe we won’t see snow again for at least a few months. And while we’re all looking forward to warmer days ahead, we also have to prepare for days that […]
Filed Under: Dealership & Franchise Law
The Wisconsin Fair Dealership Law Enters Its 50th Year: What Is a Dealership?
The Wisconsin Fair Dealership Law is a robust trade law that prohibits “grantors” from terminating, failing to renew, cancelling, or substantially changing “dealerships” without good cause, proper notice, and an opportunity to cure. With a few select exceptions, the WFDL applies generally, and a wide range of businesses have successfully claimed protection under the statute, […]
Filed Under: Business Law Dealership & Franchise Law
The Wisconsin Fair Dealership Law Enters Its 50th Year: An Introduction
On April 5, 1974, Governor Patrick Lucey signed the Wisconsin Fair Dealership Law into law, hailing it as the Magna Carta for small businesses. In his words, the WFDL was enacted to “protect the thousands of small businessmen in Wisconsin” who operate “filling stations, building materials and supply houses, lumber yards, sports equipment stores” and […]
Filed Under: Appellate Law Business Law
Wisconsin Court of Appeals Allows Negligence Claims for Cybersecurity Attacks, Holds that Invasion of Privacy Claims Require Intentional Conduct
The Wisconsin Court of Appeals allows negligence claims against businesses for cybersecurity attacks to move forward but holds that invasion of privacy claims require intentional conduct. In the age of technology, more businesses are choosing to store their records in electronic databases for a variety of reasons, such as reducing paper files or to centrally […]
Filed Under: Business Law Environment and Land Use Law Litigation
Beyond Building Green: Resiliency Resources and Potential Requirements for Addressing Climate and Extreme Weather
Incorporating resiliency into the built environment is something architects and engineers are increasingly focusing on in the face of the threats posed by climate change. Both the insurance industry and evolving standards of care may also soon require engineers and architects to incorporate resiliency into their designs, even if individual professionals do not feel climate […]
Filed Under: Appellate Law Municipal Law
Wisconsin Court of Appeals Rejects Village’s Attempt to Condemn Property for Sidewalk
To exercise the power of eminent domain, Wisconsin municipalities must comply with Chapter 32 of the Wisconsin Statutes. However, the power of eminent domain cannot be used to acquire property to create a “pedestrian way.” In a recently decided case, Sojenhomer LLC v. Village of Egg Harbor (2021AP1589 March 14, 2023) (publication recommended), the Wisconsin Court […]
Filed Under: Litigation
Brett Favre’s Hail Mary—What First Amendment Hurdles Will the Former Packer Face in His New Defamation Cases?
This article was originally published in February 2023. An updated version of this article is forthcoming in the May 2023 edition of Wisconsin Lawyer magazine. As he so often did during his 15 years as the Green Bay Packers MVP quarterback, Brett Favre has dominated the news cycle during the NFL’s playoff season this year. […]
Filed Under: Appellate Law Litigation
Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products
Interpreting for the first time the product liability statute adopted in 2011, the Wisconsin Supreme Court refuses to adopt Restatement (Third) of Torts Section 2(b) and holds that the consumer-contemplation test remains the standard for determining whether a product is “unreasonably dangerous” in a strict liability claim. Last month, in Murphy v. Columbus McKinnon Corp., 2022 […]
Filed Under: Appellate Law Litigation
Wisconsin Supreme Court: Restatement’s Risk-Utility Test Does Not Replace the Consumer-Contemplation Test as the Standard for Determining “Unreasonably Dangerous” Products (Extended Post)
Interpreting for the first time the product liability statute adopted in 2011, the Wisconsin Supreme Court refuses to adopt Restatement (Third) of Torts Section 2(b) and holds that the consumer-contemplation test remains the standard for determining whether a product is “unreasonably dangerous” in a strict liability claim. Last month, in Murphy v. Columbus McKinnon Corp., 2022 […]
Filed Under: Appellate Law Insurance Law Litigation
Wisconsin Supreme Court Issues Significant Opinion: Insurers Cannot Use Preclusion Principles to Sidestep Duty to Defend
Wisconsin Supreme Court issues significant insurance coverage opinion, finding that insurers cannot use preclusion principles to sidestep duty to defend. On January 26, 2022, the Wisconsin Supreme Court weighed in on one potential exception to the “complaint test” as a method of determining whether an insurance company has a duty to defend a lawsuit brought […]
Filed Under: Business Law Environment and Land Use Law
Global Resiliency Building Guidelines: What Engineers and Architects Need to Know about Building Codes and Climate Change
Building codes are something most of us don’t hear much about (unless you binge-watch HGTV reno shows like I do). Created to establish minimal life safety requirements for the construction/renovation of buildings, they can vary from state to state and even town to town. Building codes first became part of the American legal landscape in […]
Filed Under: Appellate Law Litigation
A Skeptical View of Daubert Motions in Two Recent Wisconsin Court of Appeals Decisions
Litigants routinely rely upon expert witnesses to provide opinion testimony at trial based on their specialized knowledge, training or experience. Also common, the opponent sees serious methodological flaws and thus reaches for a well-known weapon: a Daubert motion asking the trial court to exclude from evidence the report and any associated testimony. Originating in Daubert […]
Filed Under: Business Law Environment and Land Use Law Government Law
The SEC May Require Companies to Disclose Climate-Related Risks and Information
As governments across the globe and at every level—from local to national—work to find productive means of addressing the increasing threats posed by climate change, a new government agency entered the fray last spring: the SEC. In March, the SEC proposed that companies begin providing climate-related information disclosures. The potential implementation of the rule, however, […]
Filed Under: Appellate Law Litigation
Non-Delegation in Wisconsin after Becker v. Dane County: The Dissenters
A prior post discussed how, in Becker, et al. v. Dane County, et al., Nos. 2021AP1343 & 2021AP1382, the Wisconsin Supreme Court recently turned back an effort to revive the non-delegation doctrine, a tool that—at least in its sharper versions—could be used to pare back much of the modern administrative state. This post picks up […]
Filed Under: Appellate Law Litigation
Non-Delegation in Wisconsin after Becker v. Dane County
At the end of its 2021-22 term, the Supreme Court released its long-awaited decision in Becker, et al. v. Dane County, et al., Nos. 2021AP1343 & 2021AP1382. The case affirmed the validity of orders issued by the joint public health department of Dane County and the City of Madison to control COVID-19 by, among other […]
Filed Under: Family Law
Statutory Updates in Family Law, Part III
Recently, the Wisconsin Legislature adopted several new statutes related to family law. This is the third installment of those legislative changes, and the adoption of the Uniform Deployed Custody and Visitation Act is one of the more substantive additions to this series. 2021 Wisconsin Act 161, or the Uniform Deployed Custody and Visitation Act, […]
Filed Under: Family Law
Statutory Updates in Family Law, Part II
This blog continues to focus on some of the procedural and substantive legal changes that resulted from the 2021-2022 Legislative Session. 2021 Act 204: Codifying Keller and Creating Uniformity in Procedure In addition to some of the procedural statutory updates in the last blog post, a new procedural format was established for litigants in family […]
Filed Under: Appellate Law Business Law Insurance Law Litigation
Wisconsin Joins the Majority: Profit Losses Due to COVID-19 Not Insured
Nationwide, restaurants and bars felt financial strain over the past two years. With measures in place to prevent the spread of COVID-19, many food and beverage businesses were subject to restrictions on the use of their in-person dining rooms. In a recent case, the Wisconsin Supreme Court found that COVID-19 related business interruption losses were […]
