Filed Under: Litigation
Attorney David Hollander’s ‘Return of Dicta’ Article Featured on Wisconsin Lawyer Cover
Attorney David Hollander co-authors article featured on cover of October 2024 Wisconsin Lawyer Attorney David P. Hollander has been featured for the second time on the cover of Wisconsin Lawyer magazine. The State Bar of Wisconsin published “The Return of Dicta Under Wisconsin Law?” by Atty. Hollander and co-author, the Hon. Michael R. Fitzpatrick (Ret.), […]
Filed Under: Litigation
Attorney Clementine Uwabera to Speak to Local and National Audiences during Upcoming Engagements
Attorney Clementine Uwabera speaks in Dane County Circuit Court and during ALFA International seminar in the coming week Attorney Clementine Uwabera will speak on Friday, September 6, at the Dane County Courthouse, moving the court to swear in Judge Payal Khandhar, who was recently appointed a Dane County Circuit Court Branch 2 Judge by Governor […]
Filed Under: Business Law Construction Law Litigation
Attorney Jessica Mederson Presents on Sustainability and Resiliency in the Built Environment
Attorney Mederson to present for the National Institute of Building Sciences Attorney Jessica Mederson and co-presenter, Construction Resilience Engineer Mónika Serrano, will present “Balancing Sustainability and Resiliency in the Built Environment” to an audience at the National Institute of Building Sciences Building Innovation Conference 2024 on Thursday, May 23. Designers, architects, engineers, developers, and others in […]
Filed Under: Government Law Insurance Law Litigation
Attorneys Clementine Uwabera & Pahoua Thao Present at Municipal Insurance Conference
Attorneys Uwabera and Thao Present on Data Privacy and Transparency during League of Wisconsin Municipalities’ League Mutual Insurance Spring Conference Stafford Rosenbaum Attorneys Clementine Uwabera and Pahoua Thao will give a presentation on Tuesday, April 23, as part of the two-day, sold-out League of Wisconsin Municipalities’ League Mutual Insurance Spring Conference 2024. To an audience […]
Filed Under: Construction Law Government Law Litigation
Stafford Rosenbaum Attorneys Address Sustainability and Resiliency in the Built Environment for The Municipality Magazine
Attorneys Jessica Mederson, Rick Manthe, and Derek Punches Author “Addressing Sustainability and Resiliency in the Built Environment” “Addressing Sustainability and Resiliency in the Built Environment” was originally published in The Municipality magazine’s April 2024 issue. Attorneys Mederson, Manthe, and Punches discuss with The Municipality magazine the continuing impacts of climate change, how to incorporate sustainable […]
Filed Under: Business Law Environment and Land Use Law Litigation
Let March Madness Begin! The SEC Finally Announces its Climate Disclosure Rule
Securities and Exchange Commission Finally Announces Climate Disclosure Rule While some people have been eagerly anticipating college basketball’s March Madness, others have been anticipating the SEC’s long-awaited climate disclosure rule, which was finally announced today. As discussed previously (in a climate-related disclosures blog post from a year and a half ago), this rule is highly contentious […]
Filed Under: Litigation
In Theatres this March: Bad River Film
Join Stafford Rosenbaum in watching the film Bad River, in theatres from March 15-20, 2024. The movie documents the Bad River Band’s ongoing fight for sovereignty against Canadian energy company Enbridge. The movie will play at AMC Fitchburg 18, Ashland Bay Cinema 6, and at select theatres across the country. 50% of all profits from […]
Filed Under: Election & Political Law Litigation
In Bost v. Illinois State Board of Elections, Seventh Circuit Reiterates the Low Bar for Intervention and Further Explains the “Uniqueness” Interest for Intervention Purposes
The Democratic Party of Illinois may not intervene in a suit relating to mail-in voting, according to the U.S. Court of Appeals for the Seventh Circuit. The case, Bost v. Illinois State Board of Elections, arose when Congressman Michael Bost and two voters challenged an Illinois law that permits completed mail-in ballots to be counted […]
Filed Under: Appellate Law Insurance Law Litigation
Wisconsin Supreme Court Rules Integrated Systems Analysis Does Not Apply to Evaluating Insurance Coverage Under a CGL Policy
In 5 Walworth, LLC v. Engerman Contracting, Inc., 2023 WI 51, the Wisconsin Supreme Court addressed insurance coverage under a commercial general liability policy for damages allegedly caused by the deficient construction of an inground swimming pool. The pool cracked, causing water to leak into and destabilize the surrounding soil. Attempts were made to fix […]
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: 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: 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: 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: 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 […]
Filed Under: Appellate Law Litigation
Seventh Circuit Rejects Students’ Claim that University’s Refusal to Refund Fees During COVID Closures Amounts to Constitutional Violation
Public bodies deal with many of the same legal issues as private enterprises—plus a host of unique risks that arise because they are public actors. Public bodies therefore must take care to ensure that they are not violating the protected constitutional rights of their citizens, employees, contractors, or (in the case of schools) students. A […]
Filed Under: Litigation
Seventh Circuit Resolves Open Question Under Class Action Fairness Act
CAFA Background and Exceptions On March 16, 2022, the Seventh Circuit issued its opinion in Schutte v. Coix Health, resolving an open question about the breadth of the Class Action Fairness Act (“CAFA”). 28 USC § 1711 et seq. Congress enacted CAFA in 2005 to expand the availability of federal courts to class action defendants; […]
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