Litigation
Unlike Diamonds, Easements Are Not Always Forever

Unlike Diamonds, Easements Are Not Always Forever

By: Brian J. Pfeil Easements are extremely common in our everyday life and serve an important role in offering access to otherwise inaccessible tracks of land due to boundary lines.  Strip malls, shopping centers, multi-use buildings and other businesses often share parking lot space through an exchange of easements.  Many of us access retail...

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Protective Orders: Does Yours Cover All the Bases?

Protective Orders: Does Yours Cover All the Bases?

By: Elizabeth K. Miles Protective orders are used in litigation to protect a party’s propriety or confidential information from being disclosed to the public. Often, parties agree on the terms of the order and submit a stipulated protective order for entry by the court. It is unlikely that you or your opponent prepare a new protective order each...

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Clarified Individual Member Rights and Duties in Limited Liability Companies

Clarified Individual Member Rights and Duties in Limited Liability Companies

By: Tiffany E. Woelfel and Sherry D. Coley In a highly-anticipated opinion, released in April 2019, the Wisconsin Supreme Court clarified the liability of individual members of Limited Liability Companies (“LLCs”) to the LLC and the other members. In the case of Marx v. Morris, the Wisconsin Supreme Court held that individual members of an LLC...

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Local Government Environmental Cost Recovery Tools

Local Government Environmental Cost Recovery Tools

By: Ted A. Warpinski & Todd Farris Many local governmental units (“LGUs”) may still be dealing with old municipal dumps and most have abandoned contaminated properties ripe for development if sources of funds to clean them up can be identified.  It is time to look again at the tools available to recover investigative and remediation costs...

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Wisconsin’s Pleading Standard: Sea Change or “Same Old/Same Old?”

Wisconsin’s Pleading Standard: Sea Change or “Same Old/Same Old?”

By: Kathy L. Nusslock In Cattau v. National Insurance Services of Wisconsin, Inc.,[1]decided on April 30, 2019, the Wisconsin Supreme Court unanimously declared the pleading standard articulated in 1983 in Strid v. Converse[2] was unchanged by its 2014 decision in Data Key Partners v. Permira Advisers, LLC.[3] This declaration may surprise many...

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Seller Beware: Failure to Disclose During Home Sale Could Cost You

Seller Beware: Failure to Disclose During Home Sale Could Cost You

By: Aaron E. Hall As the housing market continues to surge, offers to purchase homes are made and accepted very quickly. However, even in a robust sellers’ market, if you are selling your home it is still very important to understand your obligations and duties regarding disclosure of property defects. A failure to do so could result in having to...

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Wisconsin’s Pleading Standard: Sea Change or “Same Old/Same Old?”

To Bus or Not to Bus, That Is the Question

By: Kathy L. Nusslock Public school districts and private schools within the district often have a contentious relationship when it comes to the transportation of students to and from school. A recent decision by a federal court of appeals[1] confirmed that the Milwaukee Public School District (“MPS”) did not violate the Equal Protection Clause...

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When Trademark Rights and Bankruptcy Collide

By: Sherry D. Coley and Tiffany E. Woelfel Toys “R” Us, Payless, The Limited, Bloomingdale’s, Sears, Shopko. Almost every month brings news of another large company declaring bankruptcy. But what happens to you if you are currently a business partner to a company that declares bankruptcy? How are your rights affected? This article will address...

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