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Recent Blog Posts
How Can Employers and Employees Address Disability Discrimination?
By In Wisconsin, there are a variety of state and federal laws in place to ensure that people with disabilities do not face discrimination in the workplace. Employers have a responsibility to provide equal opportunities for people with disabilities, and employees should make sure they know their legal rights and understand the resources available to protect them against discrimination. With the help of an employment law attorney, employers and employees can make sure discrimination issues are addressed correctly.
Understanding Disability Discrimination
First, it is important to understand how a disability is defined in the context of employment discrimination. Under the Americans with Disabilities Act (ADA), a disability is a physical or mental condition that places significant limits on a major life activity, such as a person's ability to walk, talk, see, hear, learn, or use different parts of their body. A person may be considered disabled if they have a history of disability, if they have medical records or other documentation of disabilities, or are perceived to have a qualifying impairment. To be considered disabled, the limitation does not need to be permanent or long-term. A person is considered temporarily disabled if their disability lasts or is expected to last more than six months.
Wisconsin Supreme Court Addresses Integrated Systems Rule in Construction Litigation
There are a variety of situations where construction litigation may be necessary to address issues such as shoddy workmanship, defective materials, or other problems that lead to property damage. One factor that played a role in Wisconsin construction litigation cases was known as the "integrated systems rule." This rule stated that insurance coverage for property damage would only apply if damage occurred to "other property." However, a recent ruling by the Wisconsin Supreme Court has rejected this rule. This ruling may affect other types of construction litigation cases and ensure that contractors, suppliers, or those responsible for property damage are held liable.
5 Walworth, LLC v. Engerman Contracting, Inc.
In the case of 5 Walworth, LLC v. Engerman Contracting, Inc., a property owner in Lake Geneva hired a contractor to construct an in-ground swimming pool complex. This contractor, Engerman Contracting, Inc., hired a subcontractor, Downes Swimming Pool Co., Inc., to perform the construction. Downes hired a supplier, Otto Jacobs Company, to supply shotcrete, a ready-mixed concrete used in the construction of the pool. However, after the pool construction was finished, leaks were found. Over the course of several years, attempts were made to repair the leaks. Eventually, it was determined that the leaks would continue to develop and get worse over time. As a result, the property owner was forced to demolish and rebuild the pool.
What Factors Will Affect Spousal Support in a Wisconsin Divorce?
By The divorce process can be difficult regardless of the reasons why a marriage is ending, the level of conflict between the spouses, or the complexity of the issues that will need to be addressed. Moreover, there are some situations where a spouse may be uncertain how they will provide for themselves after the marriage has ended, because the other spouse had a substantially higher income. If that is the case, spousal support (alimony) may be appropriate. Alimony, known as spousal maintenance in Wisconsin, is awarded by the court when it determines that payments should be made by one spouse to the other during or after a divorce. In cases where spousal maintenance is ordered, it is important to understand the factors that may be considered in assessing spousal maintenance and the steps one can take to protect financial interests.
Can Employers Include Restrictive Covenants in Severance Agreements?
Employment relationships can sometimes end in less-than-ideal circumstances, such as downsizing, layoffs, the elimination of a position due to company restructuring, or the termination of an employee for other reasons. When these relationships come to an end, an employer may offer an employee a severance agreement, which may provide them with severance pay in return for following certain requirements or restrictions. These agreements may include terms known as "restrictive covenants" that are meant to protect the employer's interests and prevent unfair competition. To ensure that these terms will be enforceable, an employer can work with an employment law attorney to draft severance agreements that will meet their needs.
Wisconsin Laws Addressing Restrictive Covenants
Restrictive covenants are contractual clauses that may limit a former employee's ability to work for an employer's competitors or disclose confidential information after the employment relationship ends. These covenants can come in a variety of different forms. For example, non-compete agreements may state that an employee cannot work for any companies that directly compete with their former employer, and they cannot start a new business in the same industry. Non-solicitation agreements may restrict a former employee from contacting others who work for the employer and attempting to hire them or from contacting the employer's customers. Confidentiality or non-disclosure agreements may also be used to ensure that a former employer does not share a company's proprietary information or trade secrets with others.
When Is Fiduciary Litigation Necessary in Probate Cases?
By: Attorney John McNally and Law Clerk Nancy Cattani
Death is an inevitable part of life, but dealing with the aftermath of a person's death can be a challenging and emotional experience for their loved ones. When a person passes away, their estate will typically pass through probate court to ensure their debts are paid, their assets are distributed according to their wishes, and their affairs are wound up properly. However, disputes can arise during the probate process, especially if the decedent’s intentions were not clear or if disagreements arise among heirs, beneficiaries, or creditors. In some cases, family members or other beneficiaries may believe that an estate was mismanaged or that a person's assets were not distributed correctly. In these situations, fiduciary litigation may be necessary, and interested parties may take action against a party, such as an executor or trustee, for failing to properly execute their fiduciary duties.
Who Can Be Held Liable for Losses in a Building Collapse?
By: Law Clerk Nancy Cattani
Few things are more terrifying than the idea of being inside a building that collapses. People in this situation may be injured by falling rubble or could be pinned under debris, such as collapsed walls and ceilings. Collapses of large, multi-story buildings are likely to be even more dangerous, as people could experience serious or fatal injuries in falls, and rescuers may need to dig through tons of debris before a person can be extracted.
This situation has become an unfortunate reality for people who have been involved in several recent incidents. On May 28, 2023, part of an eight-story apartment building in Davenport, Iowa, collapsed, and over the next few days, nine people were rescued. Among the injured, there were 3 deaths, as well as many now left homeless. There was also an incident in Surfside, Florida on June 24, 2021 in which a twelve-story building collapsed, resulting in the deaths of 98 people.
People who are involved in these situations are likely to encounter numerous difficulties. Aside from dealing with the expenses involved in receiving treatment for serious injuries or moving forward after the death of a loved one, families may lose nearly all their possessions, and they may struggle to put their lives back together. As these families work to move forward from such a tragedy, they will need to determine who may be held liable for the damages they have suffered. Depending on the circumstances of a case, victims may be able to recover compensation through a premises liability claim or other personal injury lawsuit against the responsible parties.
Will Multiple OWI Arrests Result in Felony Charges in Wisconsin?
Drinking and driving is a dangerous act, and in Wisconsin, it can result in severe consequences. Those who operate motor vehicles after drinking alcohol or using drugs could potentially be pulled over and arrested, and they may be charged with the offense of Operating While Intoxicated (OWI). While a single OWI charge is serious enough, multiple arrests or convictions for drunk driving will result in more severe charges. Drivers should be aware of when they could be charged with a felony due to multiple OWI convictions on their record, and they will also need to understand the penalties that will apply if they are convicted on felony OWI charges.
Felony Charges for Multiple OWI Offenses
In general, felony charges will not apply if a person is convicted of OWI a first, second, or third time. For additional OWI arrests and in certain other situations, a person will likely face felony charges, and a conviction will result in harsh penalties. OWI charges are aggravated when the driver causes injury to someone, including a passenger of their own vehicle, or if the vehicle contains any passengers under the age of 16. OWI may be charged as a felony in the following situations:
5 Types of Injuries That Can Occur in Wisconsin Boat Accidents
During the warm summer months, boating is a popular activity for many Wisconsinites. However, like many other recreational activities, boating comes with some risks. There are a variety of boat accidents that can occur due to issues such as negligent operation or equipment failure, and these accidents can lead to serious injuries. Those who are injured in these situations may be able to work with an attorney to identify the parties who were responsible and pursue compensation for their damages.
Common Boating Accident Injuries
There are numerous ways people can be injured while boating. A boat may capsize, two boats may collide, or a person in the water may be struck by a boat, to name just a few examples. There are multiple types of serious injuries that can occur in these situations, including:
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Drowning - If a boat capsizes or if people are thrown overboard in a collision, their lives may be placed at risk, especially if they did not have life jackets or other personal floatation devices. Even strong swimmers may be at risk of drowning due to other injuries that occurred in a boat accident. While rescue efforts will often be made in these situations, there may not be time to provide aid. People who are boating alone or in small groups may not be able to call for help, especially if an accident occurs far away from shore.
6 Asset Categories to Address in a High Net Worth Divorce
By: Getting a divorce can be a complicated and overwhelming process, and it will require you to address numerous financial issues and practical concerns, while also dealing with conflict with your spouse and emotional issues related to the end of your marriage. However, if you and your spouse have a high net worth, things can become even more complex. Because the decisions made during the process of dividing marital property can have a huge impact on your finances both now and in the future, it is important to understand which assets will need to be addressed and the best approach to take to protect your financial interests.
Dividing Different Types of Valuable Assets
Gaining a full understanding of the value of the different assets you own can be difficult enough, but you will also need to determine how to divide these assets fairly while ensuring that you will have the financial resources you need in the future. As you proceed with your divorce, you may need to consider assets such as:
When Can Theft Charges Be Elevated to Robbery in Wisconsin?
By: Attorney Adam Schleis and Law Clerk Nancy Cattani
For those who are facing criminal charges, it is important to understand the distinction between different types of property crimes. These cases involve accusations of taking another’s property without permission..Criminal charges for theft can range from a Class A misdemeanor to a Class F felony with the specific penalties being based on the value and type of property that was allegedly stolen. However, if a person is accused of taking property directly from a person by using force or the threat of force, robbery charges may apply. Since robbery is considered a violent crime, more serious felony charges will apply, and a person may also face other related charges, such as assault. By understanding when an alleged offense may lead to robbery charges and the penalties that may apply for a conviction, criminal defendants can make sure they are taking the correct steps to defend themselves.
