A Central District of California Judge has preliminarily approved a class action settlement in City of Long Beach, et al. v. Monsanto Company, et al., that will resolve claims by various municipalities against Monsanto Company, Solutia, Inc. and Pharmacia for environmental damages related to PCBs. The underlying basis for the claims are allegations that PCBs are present at sites and public...

What’s Next for Employers: OSHA’s Vaccine and Testing Mandate
On Tuesday, November 16, 2021, litigation pending in several federal circuits regarding the federal vaccine/testing mandate described below was consolidated in the U.S. Court of Appeals for the Sixth Circuit. Below, we summarize the mandate, discuss the various court developments, and provide guidance as to steps employers could take while the legal challenges continue. OSHA Issues ETS Mandate...
The Great Reset: Rebuilding to the Next Normal
Davis|Kuelthau is partnering with the Metropolitan Milwaukee Association of Commerce and the Milwaukee 7 Regional Partnership to present the M7 Annual (virtual) Forum, The Great Reset: Rebuilding to the Next Normal on May 26, 2021, from 8:00 AM - 12:00 Noon CST. The COVID-19 crisis has placed the leaders of Southeast Wisconsin at a crossroads of balancing short-term challenges with long-term...
CDC’s Detailed Guidance to Reopen Businesses
By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of the topics addressed in the newly...

CMS Recommends States Use “Extreme Caution” in Relaxing Nursing Home Restrictions
The Centers for Medicare & Medicaid Services issued recommendations on May 18 to state and local officials across the country for when nursing homes can relax certain restrictions on visitation, screening, and services related to the COVID-19 pandemic. The recommendations envision moving in three phases. Nursing homes would “reopen” more slowly than their surrounding communities will under...
City of Milwaukee Board of Review Extends Property Tax Notice of Assessment Objection/Appeal Deadline to June 8, 2020
On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. The Board of Review extended the deadline to assist residential property owners, many of whom saw assessment increases, additional time to review their assessments, and communicate with City assessors in light of the...
Local Safer at Home Orders—Can They do That?— Legally?
By: James M. Kalny On May 13, 2020 the Wisconsin Supreme Court in a split decision, struck down the Executive Order 28 Safer at Home (SAH). The same day the decision was announced counties and some municipalities started enacting their own health orders. In several cases the orders simply stated that the SAH and a couple other executive orders would be applicable to all individuals within...
Safer At Home Overruled – Is It Business As Usual?
By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing all "non-essential" businesses, prohibiting private...

Webinar Replay: On the First Day of FFCRA a Lawyer Gave to Me… Navigating Municipal Hurdles in the #SaferAtHome Era
The impact of COVID-19 is imparting an unprecedented burden on municipalities across Wisconsin. Breaking news is the new constant, leaving elected officials and administrators buried in pending urgent decisions amidst a sea of uncertainty. Davis|Kuelthau is dedicated to helping each of you through these challenging times. Members of our Municipal Team, James M. Kalny, Anthony (Tony)...