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: 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: 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 […]
Filed Under: Appellate Law
Supreme Court Reasserts FERC Authority Over Wholesale Markets, Open to Incentives for New Investment
Earlier this year, the Stafford Rosenbaum Appellate Practice blog addressed the U.S. Supreme Court decision in FERC v. Electric Power Supply Association, 136 S. Ct. 760 (U.S. 2016), which discussed the boundary between the jurisdiction of the Federal Energy Regulatory Commission (FERC) and the authority of state regulators over electricity markets. Last week, in Hughes […]
Filed Under: Appellate Law Municipal Law
Municipalities May Continue to Draw Districts Based on Total Population
Twenty attorneys from Stafford Rosenbaum were selected by their peers for inclusion in The Best Lawyers in America® 2012 (copyright 2011 by Woodward/White, Inc., of Aiken, S.C.). The attorneys are: Connie Anderson; Janice Bensky; Brian Butler; Matthew Dregne; James Egle; Daniel Gustafson; Robert Horowitz; Christopher Hughes; Edwin Hughes; Bruce Huibregtse; Paul Kent; Anthony Menting; Barbara Neider; Richard Nordeng; Daniel Stolper; Meg Vergeront; Laura Skilton Verhoff; Ted Waskowski; Daphne Webb; and Richard Yde.
Filed Under: Appellate Law Municipal Law
Court of Appeals Explains Options for Appealing Police and Fire Commission Disciplinary Actions
In Dillenberg v. Hobart/Lawrence Police & Fire Commission, No. 2015AP1313 (March 30, 2016), the Wisconsin Court of Appeals provided a clear overview of the two different procedural paths available after a Police and Fire Commission levies discipline. The decision—which upheld Dillenberg’s discharge from the police department—is an excellent primer on statutory and certiorari review under […]
Filed Under: Appellate Law
Recent Developments in Online Contracts and Liability Waivers
Two recent cases—one in the Seventh Circuit and one in the Wisconsin Supreme Court—struck down broad contracts seeking to bind consumers who had no opportunity to negotiate terms. While the cases deal with completely different subject matter and apply different substantive law, both reached similar results. Companies and customers alike should pay heed. * * […]
Filed Under: Appellate Law Municipal Law
Attorney General Files Amicus Brief in Wisconsin Carry, Inc. v. City of Madison
Stafford Rosenbaum LLP is pleased to announce that Attorney Erika L. Bierma has joined the firm as a senior associate. Bierma practices criminal and civil litigation and appeals in the firm’s Madison office.
Filed Under: Appellate Law Employment & Labor Law
Seventh Circuit Weighs In on Church Plan Exemption Under ERISA
Paul G. Kent, a Stafford Rosenbaum senior partner, authored a comprehensive guide to water rights and regulations in Wisconsin. On October 22nd, the firm proudly hosted the book launch for "Wisconsin Water Law in the 21st Century."
Filed Under: Appellate Law Municipal Law
Court of Appeals Addresses Scope of Wisconsin’s Right-to-Farm Law
Stafford Rosenbaum attorney, Daphne Webb, was asked to comment on Assembly Bill 540, which seeks to establish a presumption in the law that equal placement with each parent is in the best interest of a child after a divorce.
Filed Under: Appellate Law
Justice Thomas Breaks His Silence – What it Means for Your Oral Argument
Chambers & Partners, an internationally renowned research and ranking firm, has identified Stafford Rosenbaum as one of Wisconsin’s preeminent litigation firms in the Chambers 2014 law firm guide. Senior Partner, Brian Butler was distinguished in the fields of antitrust, business torts and dealership litigation. He also acts as an arbitrator of commercial disputes.
Filed Under: Appellate Law
Wrap-up of Stafford Rosenbaum Recent and Imminent Appellate Arguments
Bryan Kleinmaier, a partner in Stafford Rosenbaum's Madison office, was elected to the Board of Directors of the Public Utilities Section of the State Bar of Wisconsin. The section presents statewide programs on energy and telecommunications law, monitors developments in the field, and sponsors continuing legal education programs for practitioners.
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