Ryan Wiesner of Davis|Kuelthau’s Litigation team published an article, Identifying and Combatting Standard of One Expert Opinions in Medical Negligence Litigation, in DRI’s April 2019 For the Defense Medical Liability and Health Care Law Committee’s Newsletter. His article explores the Standard of One issue in medical negligence cases, discusses...
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...
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...
By: Christopher J. Jaekels The City of Milwaukee recently sent its 2019 "Notice of Assessed Value – Real Property" to City of Milwaukee property owners. In most cases, this Notice of Assessment notifies the property owner of an increase in assessed value and potentially an increase in property taxes. Depending on the size of the increase, the...
By: Dillon J. Ambrose The Supreme Court recently decided a very narrow issue related to maritime tort law, though widely affecting marine manufacturers, guided in part by a maritime principle of “Solicitude for Sailors.” The Supreme Court charted new waters (sorry) by finding that a manufacturer has a duty to warn when it sells a product that, by...
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...
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...
By: Bruce B. Deadman On March 20, the Wisconsin Supreme Court affirmed in Kieninger v. Crown Equipment, 2019 WI 27, that under Wisconsin law an employer is generally not required to pay employees for time spent commuting in a company vehicle to or from their home to a job site. Crown gave its travelling technicians two commuting options from...
By: Ted A. Warpinski Well, it turns out they have been around for a long time but, like many industrial chemicals, it is really the knowledge about their persistence in the environment and toxic effects to people that seems to be emerging. The emerging contaminants I am writing about are known in the environmental field as PFAS, which stands for...
Davis|Kuelthau IP attorneys contributed to the 3rd edition of Trade Marks USA: Trends and Developments 2019, published by Chambers Global Practice Guide. This guide is published within various areas of law and jurisdictions where a selection of legal experts, chosen by Chambers, elaborates on important legal issues in relation to the current...
