Publications
Seventh Circuit Finds Obesity Alone is Not a Disability Under the ADA

Seventh Circuit Finds Obesity Alone is Not a Disability Under the ADA

By: James M. Kalny On June 12, 2019, the Seventh Circuit Court of Appeals issued a decision in the case of Richardson v. Chicago Transit Authority holding among other things, that obesity is not an impairment under the Americans with Disabilities Act (ADA) absent the showing of an underlying physiological cause.  As 32% of adults in Wisconsin are...

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Capitalizing on Opportunity Zones

Capitalizing on Opportunity Zones

By: Michael Van Someren One of the most exciting new topics in real estate is the creation of opportunity zones as part of the Tax Cut and Jobs Act of 2017. Recently, the IRS issued additional guidance on the use of opportunity zones in the form of proposed regulations. Based on the proposed regulations, the excitement surrounding opportunity...

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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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