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Recent Blog Posts
How can I make a claim for surplus proceeds in a foreclosure action?
Property owners, creditors and other interested parties who have been named in a foreclosure action due to an interest they have in real property may have the right to make a claim for any remaining surplus proceeds.
When a bank or mortgage loan servicer files for foreclosure, they are generally required to name all necessary parties as defendants in the lawsuit. Necessary parties in foreclosure actions include owners of the property, as well as any other party that holds a mortgage, lien or other interest in the property. After the judgment of foreclosure is entered and the applicable redemption period expires, the property can be sold at a sheriff’s sale. If the price obtained at sale is greater than the amount of the judgment, a surplus is created.
Wisconsin has specific statutes that govern what happens with sheriff’s sale proceeds, which may include surplus proceeds. Section 846.16, Stats. provides that the proceeds from the sale are deposited with the clerk of court until paid to the “parties entitled thereto.” The plaintiff is automatically paid the amount of their judgment and costs in the order confirming the sale. But any other party that has an interest in the property is responsible for asserting that they are entitled to receive any surplus funds. These parties can include other creditors or lien holders, but also the prior owner of the property. Section 846.162, Stats. provides a way for other parties to file a motion for the payment of any surplus proceeds.
How Does Title IX Address Sexual Harassment on College Campuses?
Students have the right to pursue an education and other opportunities while attending college, and they are protected against discrimination on the basis of sex, sexual orientation, or gender identity. This discrimination may come in a variety of forms, including sexual harassment, sexual assault, and gender-based violence. Students who have experienced harassment or who have been accused of harassing or assaulting someone else can work with a lawyer who provides legal representation for students. An attorney can provide guidance on how the laws apply in a particular situation and ensure that students understand the options for resolving these matters successfully.
Protections Against Sexual Misconduct
Sexual misconduct may involve unwelcome sexual actions, sexual harassment, and verbal or physical abuse based on a person’s sex or gender identity. Title IX, the federal statute that addresses sexual discrimination at educational institutions, prohibits discrimination on the basis of sex. Sexual misconduct may be considered discrimination if it interferes with a student’s ability to pursue educational opportunities or participate in activities on a college campus.
Can Student-Athletes in Wisconsin Earn Money From Endorsements?
Historically, the NCAA has prohibited college student-athletes from accepting money in return for endorsements to ensure athletic programs were not “pay for play.” Until recently, the only way student athletes could legally receive compensation was through scholarships. Many believed that this was unfair to student-athletes, since universities could make a great deal of money from TV broadcasts and licensing deals, and even though these earnings would not be possible without students’ participation, the rewards received by many students were very limited. However, this has changed in recent years as multiple states have passed laws allowing students to earn money through licensing rights for their name, image, and likeness (NIL). In response to these laws, the NCAA created a new policy in 2021 allowing student-athletes to engage in these types of endorsements. For those who are considering earning money or other compensation with their NIL, it is important to work with an attorney who can provide representation for college student athletes and ensure that their rights and interests will be protected.
How Can College Students Be Affected by Sexual Misconduct Accusations?
It is not uncommon for college students to pursue sexual relationships with others. However, despite best efforts to ensure consent, there can sometimes be mixed signals or miscommunication. There are also unfortunately instances where no form of consent is obtained. In some cases, students may be accused of committing sexual assault or other forms of sexual misconduct. These students will need to understand the potential consequences they may face, including criminal charges and administrative penalties at a university. To ensure that their rights are protected, those who have been accused of misconduct should work with an attorney who is experienced in representing college students.
Administrative Penalties for Sexual Misconduct
A student who is accused of committing sexual assault or other forms of sexual misconduct may face penalties from their school, even if they are never charged with or convicted of a crime. Once a complaint of sexual misconduct is made to a school’s Title IX office, the school will perform an investigation to gain information about the facts of the case. In some cases, the school holds a hearing to determine whether misconduct occurred, and issue penalties, which may include suspension, expulsion, or restrictions on the types of activities a person can participate in or their contact or communication with the alleged victim.
How Does Title IX Protect College Students Against Discrimination?
As students pursue a college education, they should all be treated fairly and equally. Unfortunately, there are a variety of situations where students may face discrimination, and they may be treated differently based on their sex, gender identity, or sexual orientation. In cases where a student has experienced discrimination, they will need to understand how Title IX, a federal civil litigation law, addresses their situation and provides them with protections. By working with an attorney who can provide representation for college students, victims of discrimination can take legal action to protect their rights.
Protections Under Title IX
Title IX prohibits discrimination on the basis of sex at educational institutions. In addition to discrimination based on sex or gender identity, schools are also prohibited from treating students differently based on issues such as marital status, pregnancy, or parental status. This law applies to any school or program that receives financial assistance from the federal government. Title IX provides protections against discrimination in multiple situations, including:
How to Calculate Child Support in Unique Situations
By: Attorney Megan Drury
Parents have a legal obligation to make sure their children’s ongoing needs are being met. When parents are married or cohabitating, they will use the income they earn to provide for their family. However, when parents are divorced or separated, child support is usually required to ensure that both parents are contributing to their children’s needs. In many Wisconsin family law cases, calculations of child support obligations are straightforward, and one parent will pay a certain percentage of their income to the other parent. However, there are some unique situations that may require additional calculations. In a recent blog, we looked at child support in cases involving shared placement of children. Some other situations that can make child support calculations more complicated include:
Can the Contents of a Will Be Sealed in Wisconsin?
Recently, the BBC reported that the last will and testament of Prince Philip, the late husband of England’s Queen Elizabeth II, would be sealed for 90 years following his death in April of 2021. While the laws surrounding wills are different in the United States, and they can vary from state to state, some Americans may have wondered if they can take advantage of similar options to ensure that their private affairs will not be made public following their death. By understanding how probate matters are handled in Wisconsin, the state’s residents can determine the best steps they can take to make sure their wishes will be followed correctly while maintaining privacy whenever possible.
Wills and Probate Court
Following a person’s death, the executor of their estate will file their last will and testament in probate court. During the probate process, the executor will take an inventory of the estate, pay any applicable debts or taxes on behalf of the decedent, and distribute the person’s assets to their heirs while following the instructions the decedent provided in their will. Matters handled in probate court are part of the public record, which means that the contents of a last will and testament will be publicly accessible. Court records related to probate litigation will also be available to the public.
When Can an Employee Pursue Compensation for Wage Loss?
There are a variety of employment law disputes that may arise between employers and employees. Wage and hour disputes can occur if one or more employees believe that an employer has committed wage theft by failing to properly compensate them for the work they performed. Employers and employees in Wisconsin will need to understand how the state’s laws address these issues and the options available for resolving these disputes.
Common Wage and Hour Claims
Wage loss claims may address multiple types of issues, including:
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Failure to pay minimum wage – Federal and Wisconsin minimum wage laws require employers to pay their employees a minimum wage of $7.25 per hour. Regardless of how you are compensated, including salary, hourly, tips, commissions, or any other pay structure, your average hourly pay must be at or above $7.25 per hour. For example, for tipped employees, the minimum wage is $2.33. If the tips an employee receives, when combined with their wages, do not add up to $7.25 per hour, the employer must make up the difference to ensure that the employee is receiving at least the minimum wage provided to non-tipped employees. A limited exception to this is workers under the age of 20 who may be paid an "opportunity wage" of $5.90 per hour for the first 90 calendar days they are employed. After this period, or after they reach the age of 20, their wages must be increased to $7.25 per hour. An employee may have a wage claim if an employer failed to pay them the minimum amount required.
What Do I Need to Disclose When Applying To Renew My Medical License?
By: Attorney Kristen Nelson
Doctors and other medical professionals are required to maintain a valid medical license. These licenses must be renewed every two years, and the deadline for renewing a physician’s license is October 31 of odd-numbered years. Doctors who are planning to renew their license will need to understand the information they will need to provide in their renewal application. Those who are concerned about the denial of a renewal based on the information they disclose can work with a professional license defense attorney to determine their options for ensuring that they will be able to maintain a valid license and continue practicing medicine.
Information Required in a Medical License Application
In addition to the application form itself, a person will need to provide the following documentation when renewing their medical license:
How Do Wisconsin’s Laws Address Marijuana Possession?
In recent years, multiple states have relaxed many of the laws related to marijuana. While marijuana has long been considered an illegal drug, it is becoming more and more acceptable as both a recreational substance and a treatment for certain health conditions. Following the legalization of marijuana in nearby states such as Illinois and Michigan, many Wisconsin residents are curious about the drug’s status in their home state. Residents may be unsure about whether they may face drug charges for possessing cannabis.
Marijuana Possession in Wisconsin
While bills that would legalize marijuana have been introduced by Wisconsin legislators multiple times over the past several years, these laws have not passed. This seems unlikely to change, despite the fact that many Wisconsinites support legalization. Currently, marijuana is still considered an illegal controlled substance, and possession of the drug can lead to significant consequences.
