By Susan G. Schellinger Federal Appeals Court Clarifies that Wisconsin Supreme Court Did Not Intend to Sharply Curtail Coverage for Wisconsin Manufacturers. On August 8, 2017, the U.S. Court of Appeals for the Seventh Circuit (the federal court that hears appeals from Wisconsin, Illinois and Indiana federal courts) issued a decision that...
Wisconsin appellate court denies insurance coverage to a contractor because work was performed on a building that had synthetic stucco.
By Susan G. Schellinger A slew of lawsuits has plagued the construction industry regarding the use of exterior insulation and finish systems, also known as EIFS or synthetic stucco. Insurance companies were historically required to pay money towards those claims under standard commercial general liability policies. As they did in response to...

OCR Changes Course on Transgender Complaints
By Abby S. Busler On June 6, 2017, the Office for Civil Rights (OCR) released internal guidance on transgender student complaints. The memorandum eliminates OCR reliance on the May 2016 Dear Colleague Letter. OCR will no longer process complaints based solely on the basis of transgender students being denied facility use, such as restrooms or...
Annuitant, Be Aware! Reemployment May Cause a Suspension of Benefits
By D|K's Labor and Employment Team Former employees who are currently collecting benefits under the Wisconsin ETF should carefully consider the potential effect of resuming work for a WRS employer on their benefit payments. The reemployment rules can be confusing, and take into account the dates of the annuitant’s prior WRS employment. Annuitants...

Notice Requirements Under the Revised A201 | 2017 AIA Document Series | Revisions to the Core Contract Documents (Part 2)
By James E. Braza Part 2: Notice Requirements Under the Revised A201 General Conditions Document. This article is the second in a series which addresses the 2017 modifications to the AIA’s most commonly-used construction contract documents. Discussed herein are changes to the various notice requirements under the A201 General Conditions Document....
Trending News: 2017 AIA Construction Contract Series
Recently, the American Institute of Architects (AIA) issued its once-every-ten-year revisions to some of the most commonly used documents in construction contracting, including the A101, B101 and A201 documents. The revisions are significant, and will impact all players in the industry, including owners, contractors and architects. Many revisions...

Supply Chain: Are Your Standard Terms and Conditions Up-to-Date?
Haribo and Foxconn are coming to Wisconsin, and this announcement has created much excitement among suppliers and vendors seeking to become part of the supply chain. As these companies join the likes of other key manufacturing companies establishing production facilities in Wisconsin, approximately 200 companies are vying to provide supply chain...

Dispute Resolution Under the Revised A201 | 2017 AIA Document Series | Revisions to the Core Contract Documents (Part 1)
By James E. Braza Recently, the AIA issued its once-every-ten-year revisions to some of the most commonly used documents in construction contracting, including the A101, B101 and A201 documents. The revisions are significant, and will impact all players in the industry, including owners, contractors and architects. Many revisions constitute...

It’s Time for Tax-Exempt Entities to Restate Their 403(b) Plans
By Bruce B. Deadman Under a new program, tax-exempt entities who sponsor retirement plans under Section 403(b) of the Internal Revenue Code (the “Code”) can receive confirmation that their plan documents comply with all IRS requirements. In order to receive the protection of an IRS determination letter, a plan sponsor needs to adopt a...
Wisconsin Court of Appeals Strikes Down Noneconomic Damages Cap in Medical Malpractice Cases
By: D|K's Health Care Team On July 5, 2017, the Wisconsin Court of Appeals ruled that Wisconsin’s cap on noneconomic damages in medical malpractice cases (found in Wis. Stat. § 893.55) is unconstitutional on its face. The court ruled that the Plaintiff Ascaris Mayo, should receive her jury award of $15 million in noneconomic damages and her...