General
How Adverse Possession May Impact Your Property Rights
Adverse possession is a legal doctrine that allows a person who occupies another person’s property for a specified period of time may gain title to that property. The law of adverse possession is based on a combination of statutes and Wisconsin Court decisions. For...
Shipwrecked by a Sidewalk
With the exponential growth of technology occurring today, there is an often-repeated adage that “the law struggles to keep up with technology.” As such, it is always interesting when the highest Wisconsin court must spend its limited time with the bleeding edge...
Judicare Mediation Services
Our firm receives many calls regarding small claims cases. One issue that immediately becomes a problem is that small claims are limited to damages under $10,000. Legal fees a client pays to us will cut into those damages very quickly, without any guarantee of a court...
Are They Really Faster and Cleaner?
In October 2020, the Department of Energy (DOE) adopted a rule defining a new dishwasher class as “standard residential dishwashers with a cycle time for the normal cycle of one or less from washing through drying.”[1] Not long after passing the 2020 Dishwasher Rule,...
If A Tree Falls In Your Woods … Property Owner Liability.
When most people look at trees, legal liability is unlikely the first thing that comes to mind. You may enjoy the shade they provide in the summer and their array of fall colors. However, you should also be on the lookout for liability, particularly for those trees...
Large Claims v. Small Claims In Civil Lawsuits
Most people have heard of small claims court and large claims court, but how do the differences between these two impact the claim that you may have? Generally speaking, large claims civil lawsuits involve civil claims where the damages are more than $10,000.00, or...
What Are The Rules For Emotional Support Animals When Renting?
What are the rules for landlords and tenants when it comes to emotional support animals? For landlords there are important rules to follow to avoid running afoul with Wisconsin and Federal Discrimination laws. An Emotional Support Animal (ESA) is defined in Wis. Stat....
Is Joint Representation a Good Idea?
It is common for a group of people to want one attorney to represent them all in a legal matter. Whether it is a married couple looking for estate planning representation or if it is two people who own a property together and are both looking to evict a tenant or sell...
U.S. Supreme Court Votes Unanimously On Tax Lien Case
There are many cases decided by the U.S. Supreme Court that receive scant attention from the public. Despite ideological divisions among the justices, it is not uncommon for the Court to vote 9-0 in case. In the case of Tyler v. Hennepin County, Minnesota, the Court...
Is That Damage to Your Vehicle Less Than $1000?
For those who may have been involved in an non-injury minor car accident, you may have heard from the other driver or bystander, “that damage is under $1000, no need to get the police involved.” A recent Wisconsin Court of Appeals decision, County of Monroe v. Kling,...
Litigation and the Risks of Social Media
Today social media use is an integral part of everyday life for many. There are numerous platforms people use for communication, such as Facebook, Instagram, Twitter, Snapchat, TikTok, emails, texts, etc. Electronic communications and interactions on social media...
The Catch With An Account Stated
“An account stated is an agreement between a debtor and a creditor that the items of a transaction between them are correctly stated in a statement rendered, that the balance shown is owed by one party to the other and that the party has promised to pay that balance...
Going It Alone In Court
Individuals have a right to self-representation in Wisconsin courts and in federal court.[1] Pro se is Latin for “on one's own behalf.” When a litigant proceeds without legal counsel, they are said to be proceeding “pro se.” See, e.g. Rivera v. Florida Department of...
Are Contractors Actually Fully Insured?
Anyone who has inquired with, or hired, a contractor or homebuilder has invariably seen or been told by the company that they are “fully insured.” More times than not, this statement simply means that the company has a standard commercial general liability (CGL)...
Tips to Avoid Scams and Identity Theft
In today’s fast paced world, there is no end to the types of scams that target people of all ages, income levels and backgrounds. According to the Federal Trade Commission, one out of every ten adults in the United States will become a victim to a scam or fraud every...
Do Pedestrians Have the Right-of-Way?
I recently heard someone say as they confidently stepped off a curb into the street, “In Wisconsin, cars have to stop for us. Pedestrians always have the right-of-way.” Having grown up in Michigan, where our rules of the road have their own oddities (look up a...
Spoliation of Evidence
Spoliation is the “intentional destruction, mutilation, alteration, or concealment of evidence.”[1] The legal maxim In odium spoliatoris omnia praesumuntur means “all things are presumed to the prejudice of the despoiler.” If a potential litigant or party destroys,...
The ABCs of ATVs and UTVs
In Wisconsin, all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are becoming increasingly popular not only for recreation but for travel between and within local communities. In turn, more cities, villages, towns and counties are opening roads, streets...