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Filed Under: Appellate Practice

Part 3: The Arguments of the Parties and the Federal Government in Murr v. Wisconsin

By: Jeffrey A. Mandell Barbara Neider

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 […]

Jun 21, 2016 in Blogs
Filed Under: Appellate Practice

Seventh Circuit Imposes Monetary Sanctions Against Lawyer for Forum Shopping

By Stafford Rosenbaum

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 […]

Jun 06, 2016 in Blogs
Filed Under: Appellate Practice

Wisconsin Supreme Court Provides Little Guidance with Hyper-textual Ruling on Service of Process

By: Jeffrey A. Mandell

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 […]

May 12, 2016 in Blogs
Filed Under: Appellate Practice Municipal Law

New Richmond Decision Provides Some Clarity on Public Records, but Questions Still Remain

By Stafford Rosenbaum

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 […]

May 12, 2016 in Blogs
Filed Under: Appellate Practice

Wisconsin Court of Appeals Rules for First Time on Waivers of Right to a Civil Jury Trial

By: Jeffrey A. Mandell

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, […]

May 11, 2016 in Blogs
Filed Under: Appellate Practice

Drug Recognition Evaluators and Daubert

By: Kyle Engelke

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 […]

May 05, 2016 in Blogs
Filed Under: Appellate Practice

Two Recent Decisions Shed Light on Prohibition of Double Jeopardy for Criminal Defendants

By: Jeffrey A. Mandell

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 […]

May 03, 2016 in Blogs
Filed Under: Appellate Practice

Supreme Court Reasserts FERC Authority Over Wholesale Markets, Open to Incentives for New Investment

By: Jeffrey A. Mandell Edwin Hughes Bryan Kleinmaier

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 […]

Apr 28, 2016 in Blogs
Filed Under: Appellate Practice

In a Vicious Dog Bite Case, Court Awards Only the Cost of a Replacement Dog

By Stafford Rosenbaum

Daphne Webb, an attorney with Stafford Rosenbaum LLP, has been among Top 25 Women Wisconsin Super Lawyers.

Apr 21, 2016 in Blogs
Filed Under: Appellate Practice

Is Denial of a Litigant’s Request for Anonymity Immediately Appealable?

By: Jeffrey A. Mandell

Stafford's managing partner Bruce Huibregtse was named a 2011 BTI Client Service All-Star.

Apr 19, 2016 in Blogs
Filed Under: Appellate Practice Municipal Law

Municipalities May Continue to Draw Districts Based on Total Population

By Stafford Rosenbaum

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.

Apr 12, 2016 in Blogs
Filed Under: Appellate Practice Municipal Law

Court of Appeals Explains Options for Appealing Police and Fire Commission Disciplinary Actions

By: Jeffrey A. Mandell Paul W. Schwarzenbart

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 […]

Apr 05, 2016 in Blogs
Filed Under: Appellate Practice

Recent Developments in Online Contracts and Liability Waivers

By: Laura E. Callan

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. * * […]

Apr 05, 2016 in Blogs
Filed Under: Appellate Practice Municipal Law

Attorney General Files Amicus Brief in Wisconsin Carry, Inc. v. City of Madison

By Stafford Rosenbaum

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.

Mar 24, 2016 in Blogs
Filed Under: Appellate Practice Employment & Labor

Seventh Circuit Weighs In on Church Plan Exemption Under ERISA

By: Paul W. Schwarzenbart

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."

Mar 22, 2016 in Blogs
Filed Under: Appellate Practice Municipal Law

Court of Appeals Addresses Scope of Wisconsin’s Right-to-Farm Law

By: Vanessa D. Wishart Jeffrey A. Mandell

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.

Mar 17, 2016 in Blogs
Filed Under: Appellate Practice

Justice Thomas Breaks His Silence – What it Means for Your Oral Argument

By: Michelle M. Affatati

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.

Mar 02, 2016 in Blogs
Filed Under: Appellate Practice

Wrap-up of Stafford Rosenbaum Recent and Imminent Appellate Arguments

By: Paul W. Schwarzenbart

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.

Feb 29, 2016 in Blogs
Filed Under: Appellate Practice

Shortcuts to Appeal Can Come Back to Haunt You

By: Edwin Hughes Jeffrey A. Mandell

Given recent economic times, questions have arisen as to what constitutes an “undue stimulus” and what are the requirements for an arm’s-length sale.

Feb 23, 2016 in Blogs
Filed Under: Appellate Practice

Wisconsin Court of Appeals Considers Personal Jurisdiction Based on Website Publication

By: Jeffrey A. Mandell

Stafford Rosenbaum is pleased to announce that Milwaukee County Board Chairwoman Marina Dimitrijevic has selected Liz Stephens to oversee the Board’s state and local legislative advocacy efforts. Ms. Stephens will do so as a member of Stafford’s Government Relations practice where she will be responsible for advancing the Board’s legislative and community development initiatives before the state legislature and other local government entities.

Feb 15, 2016 in Blogs
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