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Filed Under: Appellate Practice
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 Practice
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 Practice 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 Practice
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 Practice
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: Municipal Law
New Bill Helps Municipalities Construct and Maintain Stormwater Ponds
One critical component of stormwater management in many municipalities is the use of stormwater retention ponds. These ponds temporarily store stormwater runoff and release it through a designed outlet structure that helps reduce pollutant loads into waterways and controls erosion. Legislation enacted on April 26, 2016, 2015 Wisconsin Act 387, provides greater latitude for municipalities […]
Filed Under: Government Relations Practice
Governor Walker Signs Riparian Rights and Wetlands Bill into Law
On April 26, 2016, Governor Scott Walker signed Senate Bill 459 into law. Now known as 2015 Act 387 (the “Act”), the proposal will clarify riparian landowners’ rights in a number of areas, including boathouse maintenance and repair, boat shelter construction, seawall installation and replacement, wetland applications, and sensitive area designations. The questions surrounding these […]
Filed Under: Appellate Practice
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 Practice
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 Practice 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 Practice 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 Practice
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 Practice 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 Practice Employment & Labor
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 Practice 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: Municipal Law
Recent Legislative Changes Affecting Municipalities
Paul Kent, an attorney with Stafford Rosenbaum LLP, has been named a Super Lawyer for Environmental Law and was also named a Top 50 Wisconsin Super Lawyer and a Top 25 Madison Super Lawyer based on the total overall results within those areas. He was also named Lawyer of the Year 2012 in Litigation – Environmental – Madison by Best Lawyers.
Filed Under: Appellate Practice
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: Employment & Labor
Eligibility for Health Insurance Can Be Tied to Participation in a Wellness Plan
Stafford Rosenbaum is pleased to announce that partner Daphne Webb will receive the Wisconsin Law Journal’s 2014 Women in the Law Award on June 12, 2014 at Milwaukee’s Pfister Hotel. Webb is among 27 exceptional female attorneys in the state to receive this honor.
