Articles
My Garage Is Bigger Than Yours
As of late, Wisconsin courts have been grappling with one of the most important questions facing the nation: What is a garage? Is it defined by size or exterior proportions? Do the construction materials define what it means to be a garage? Attached or detached? Is it...
The COVID Trials
The constitutional right to a jury trial does not take a back seat to coronavirus (COVID-19.) Yet, COVID-19 has impacted the ability of courts to supply juries for trial. The Seventh Amendment codifies the right to a jury trial not only for criminal trials, but in...
Employees’ Voting Rights in Wisconsin
With in-person national, state and local partisan voting set for Tuesday, November 3, 2020, it is timely for employees and employers to review Wisconsin law with respect to voting rights. An employer must allow an employee to be absent from work to vote in a political...
TIF – A Development Tool for New and Expanding Businesses
My litigation practice has taken me into many areas of law in my career, including handling matters for both municipal and business clients that involve tax incremental financing (TIF.) Despite these turbulent economic times, new and existing businesses as well as...
Don’t Get Burned by “Fire” Insurance’s 12-month Statute of Limitation
If you were trying to get yourself to sleep by perusing the Wisconsin Statutes on Insurance Contracts, you may run across Wis. Stat. § 631.83(1)(a) – statutory periods of limitation on fire insurance. The section states: “An action on a fire insurance policy must be...
What is a Supported Decision-Making Agreement?
A supported decision-making agreement is a method of decision-making available to individuals with disability through an arrangement with another trusted person. These agreements give individuals with functional impairments the ability to create a formal arrangement...
Estate Planning for Second Marriages
Although second marriages are more common than ever, developing an estate plan for couples in second marriages can be complicated and challenging, especially when one or both spouses have children from prior relationships as well as an accumulation of wealth and...
What Does “Sound Mind” Mean When Writing a Will?
A last will and testament, along with other important estate planning documents, records a person’s decisions regarding the disposition of their property upon their death. Once you turn 18, you can write and amend your estate planning at any point during your life, so...
So, You Want to Sell Your Life Estate?
Many people have established a life estate in their residence to protect it if they require Medicaid benefits to pay for their long-term care. A person establishes a life estate in their residence by signing a deed which transfers ownership to their desired...
The First Ruling on Issue Finds No Insurance Coverage for Business Interruption Due to COVID-19
This article is a follow-up to my article of May 4, 2020, which addressed litigation and claims involving business losses as a result of COVID-19. Hundreds of lawsuits have been filed throughout the country by business owners who have been forced to close their doors...
Is My Contract Enforceable During an Emergency?
As a result of forced closures and disruptions to supply chains connected with the Covid-19 pandemic, many businesses are facing the reality that they will not be able to complete obligations agreed to in contracts entered into prior to the crisis. This has brought...
Three Considerations for Estate Planning During a Pandemic
The possibility of prolonged sickness or even death from COVID-19 has caused many individuals to feel more urgency to prepare advanced directives and undertake other estate planning. In addition, the unknown final impact of the economic crisis may raise questions...
Five Key Takeaways Following the Wisconsin Supreme Court’s Invalidation of the Safer at Home Order
The Wisconsin Supreme Court, by a 4-3 vote, invalidated Wisconsin’s Safer-at-Home Order, also known as Order #28. It issued that decision on May 13, 2020. Here are five key takeaways to consider in the wake of that decision: 1.) As of this writing, Order #28 is no...
U.S. Department of Labor and IRS Extend COBRA Deadlines
Amid the COVID-19 pandemic, Wisconsinites, along with the rest of the nation, have endured sudden and severe job loss. As of May 14, 2020, the University of Wisconsin Center for Research on the Wisconsin Economy estimated the Wisconsin unemployment rate to be 21.9%. ...
Is Your Business Protected from Business Interruption During the COVID-19 Pandemic?
With the COVID-19 pandemic occurring, many states, including Wisconsin, have ordered all nonessential businesses, including restaurants and bars, to close their doors. Unfortunately, there will be a substantial amount of revenue lost by these businesses for as long...
County Claims on Residence for Delinquent Property Taxes
If you own real estate in Wisconsin, you are familiar with the annual property tax bills that arrive in the mail each December. You are also aware that you are required to pay your tax installments to the County Treasurer by January 31st and/or July 31st of each...
Wisconsin Employers Take Note: EEOC Updates COVID-19 Guidance; Addresses Mental Illness Made Worse by the Pandemic
The Equal Employment Opportunity Commission (EEOC) has updated its guidance, as of April 17, 2020, to assist employers in responding to the COVID-19 pandemic in the workplace. See www.EEOC.gov Ordinarily, an employer is prohibited by the Americans with Disabilities...
Common Divorce Myths Debunked
Many people have heard a number of myths concerning divorce. This can lead to misaligned expectations to the reality of divorce proceedings. The following are five common myths debunked with an explanation to the reality of the situation. Divorces are always messy....