“Purposeful Availment” Test Limited
So long as a manufacturer knows or reasonably should have known that its’ products were distributed through a nationwide distribution system that could lead to a sale of its product in the United States, the manufacturer has purposefully availed himself … Continue reading
Employers Beware! The Minefield of Social Media
The National Labor Relations Board (NLRB), which oversees the protections of the National Labor Relations Act (NLRA), recently released a summary of 14 cases it investigated involving social media. (The official NLRB report can be accessed at: https://www.nlrb.gov/news/acting-general-counsel-releases-report-social-media-cases). Although … Continue reading
Corporate Agents Can Be Personally Liable Even If Acting Within Corporate Authority
In Ferris v. Location 3 Corp, 2010AP2203 the Court of Appeals recently held that corporate agents are personally liable for their tortious conduct on behalf of a corporation even if it is not shown that they acted outside of the … Continue reading
Grandparents Do Not Need To Prove A “Significant Triggering Event” To Establish Placement
In Wohlers v. Broughton, the court of appeals held that 1) grandparents did not need to prove a “significant triggering event” occurred to establish placement with the minor child; and 2) the court properly applied Troxel v. Granville, 530 U.S. … Continue reading
Circuit Court Overturned After Ignoring Wis. Stat. Ch. 128 In Approving Sale Of Assets Not Consented To By First Secured Creditor
An increasingly popular alternative to bankruptcy, especially for businesses, is a receivership under Wis. Stat. Ch. 128. Unfortunately, little case law exists in this area and many circuit court judges are generally unfamiliar with this chapter of the Wisconsin Statutes. … Continue reading
Do Employers Have A Duty To Accommodate Medical Marijuana Users?
With more states scaling back on the once-blanket illegality of marijuana possession and use, some are questioning how those legislative changes will affect employment regulation. Cases from Michigan and Oregon have addressed what obligations, if any, private employment has with … Continue reading
Pipe Not Drug Paraphernalia
State v. Martinez In October of 1993, officers from the Rock and Walworth County sheriff’s departments executed a search warrant for the premises occupied by Juan Martinez. During a pat down of Martinez, one of the officers found a “Dr. … Continue reading
City Of Milwaukee Ordinance Upheld Requiring Employees Within The City of Milwaukee To Be Provided Paid Sick Leave Only To Be Legislatively Overturned
The Wisconsin Court of Appeals recently overruled the Circuit Court finding that an ordinance drafted in the City of Milwaukee requiring paid sick leave for employees within the City of Milwaukee was enacted pursuant to the direct legislation statute, Wis. … Continue reading
Economic Waste Rule Does Not Require Evidence Of Diminished Value
The economic waste rule limits a plaintiff’s recovery even if no party offers evidence of the property’s diminished value. Damages in a lawsuit over injury to property may be calculated by determining the cost to repair or restore the property … Continue reading
Court Of Appeals Clarifies Treatment Of Settlement Funds For Purposes Of Child Support
In Lyman v. Lyman, 2011 WL 148820 (Wis. App.), 2011 WI App 24, the court of appeals held that 1) all settlement money, including unallocated settlement funds, were considered gross income for purposes of child support; 2) the taxes a … Continue reading
United States Supreme Court Expands Anti-retaliation Protections
Whoever thinks that Supreme Court justices vote based solely on political loyalties should read the Court’s decision of Eric Thompson v. North American Stainless, LP, 131 S.Ct. 863 (2011). The usually avowedly conservative Justice Antonin Scalia authored the U.S. Supreme … Continue reading
Open Records Request Important Before Preliminary Hearing
In felony cases, defendants are entitled to a preliminary hearing. The purpose of the preliminary hearing is to determine whether there is probable cause to believe the defendant has committed a felony. The preliminary hearing benefits the defendant in that, … Continue reading
Two Mortgages Mean Money And Short Redemption Period
A mortgage-holder who holds two mortgages on a property can reduce the mortgagor’s redemption period but still obtain a money judgment against the debtor by foreclosing on one mortgage, waiving the deficiency judgment (creating a shortened redemption period), and seeking … Continue reading
