Uncorroborated, “Self-Serving” Affidavit Can Rebut Signed Acknowledgement And Prevent Summary Judgment
Evidence presented by a borrower that he did not receive all of the required documents under the Truth-in-Lending Act (“TILA”) was sufficient to defeat summary judgment despite the fact that he did sign an acknowledgment that he had received all … Continue reading
Court Need Not Deny Motions In Written Order And Property Division In Divorce Must Be Stayed When CHIPS Action Pending
In Rabine v. Rabine, the court of appeals held that 1) the circuit court did not err when determining placement of the parties’ minor children in the divorce decree because section 802.01(2) does not require a court to grant or … Continue reading
“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
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
