General
Going It Alone In Court
Individuals have a right to self-representation in Wisconsin courts and in federal court.[1] Pro se is Latin for “on one's own behalf.” When a litigant proceeds without legal counsel, they are said to be proceeding “pro se.” See, e.g. Rivera v. Florida Department of...
Are Contractors Actually Fully Insured?
Anyone who has inquired with, or hired, a contractor or homebuilder has invariably seen or been told by the company that they are “fully insured.” More times than not, this statement simply means that the company has a standard commercial general liability (CGL)...
Tips to Avoid Scams and Identity Theft
In today’s fast paced world, there is no end to the types of scams that target people of all ages, income levels and backgrounds. According to the Federal Trade Commission, one out of every ten adults in the United States will become a victim to a scam or fraud every...
Do Pedestrians Have the Right-of-Way?
I recently heard someone say as they confidently stepped off a curb into the street, “In Wisconsin, cars have to stop for us. Pedestrians always have the right-of-way.” Having grown up in Michigan, where our rules of the road have their own oddities (look up a...
Spoliation of Evidence
Spoliation is the “intentional destruction, mutilation, alteration, or concealment of evidence.”[1] The legal maxim In odium spoliatoris omnia praesumuntur means “all things are presumed to the prejudice of the despoiler.” If a potential litigant or party destroys,...
The ABCs of ATVs and UTVs
In Wisconsin, all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are becoming increasingly popular not only for recreation but for travel between and within local communities. In turn, more cities, villages, towns and counties are opening roads, streets...
How do Gift Taxes and Annual Exclusion Gifts Work?
Many people are aware that gift taxation rules exist, but do not understand the actual process for determining when reporting or payment is required. Fortunately, the types of gifts most people make each year fall under broad exclusions to the gift tax rules such as...
Post Pandemic Public Benefits, Who Will Lose Eligibility?
During the Public Health Emergency (PHE), the State of Wisconsin was required to keep people enrolled in Medicaid as a condition of receiving a temporary increase in the federal share of Medicaid costs. When the PHE ends (recently extended to January of 2022) so will...
Can I Disclaim an Interest in an Estate?
When someone dies and leaves you property in their will, by beneficiary designation, or through the intestate beneficiary laws of their state, it is possible, and sometimes wise, to reject the would-be inheritance by “disclaiming” your legal interest to it. However,...
Go Buy An Umbrella
The above title is not encouraging you to buy something to protect you from the rain! It refers to purchasing an umbrella insurance policy to protect you and your family from liability claims, and to provide you with ample coverage for your losses due to injuries...
The Book of Surprises
There is an elephantine book with 995 chapters that most Wisconsinites know exists, but no one has ever read cover-to-cover. The topics in this book are eclectic and cover a staggering range of subjects from “wild animals and plants” to “communicable diseases” to...
What is Mediation and How Does it Work?
Mediation is a private process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement. While the courts can require that some cases go to mediation, the process remains voluntary in that the parties...
Harassment Restraining Orders: What You Need to Know.
Harassment restraining orders are appropriate when another person threatens, attempts or does strike, shove, kick or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose. These types...
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...
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...
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...