Legal News

In addition to serving our clients, our attorneys are active in publishing articles, conducting seminars and giving speeches. Our firm also issues many press releases and is frequently mentioned in various news sources. These resources are available for information purposes only and may be obtained by using the various search functions below.

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Apr 19 2019

Alert: Wisconsin Supreme Court Certifies DNR Regulatory Authority Cases

The Wisconsin Supreme Court recently certified two companion cases involving the scope of the Wisconsin Department of Natural Resources’ (“DNR”) regulatory authority in light of 2011 Wis. Act 21 (“Act 21”). Both of the companion cases are captioned as Clean Wisconsin, Inc. v. DNR.1 The first case involves the DNR’s authority to regulate concentrated animal feeding operations (“CAFO”), while the second case involves DNR’s authority to regulate high capacity wells. Both cases involve questions of statutory interpretation (involving Wis. Stat. chs. 281 and 283) and constitutional interpretation and application (related to the public trust doctrine).

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Apr 10 2019

Wisconsin Court of Appeals Determines That No Taking Occurred When Relocated Highway Causes Business Closure

Wisconsin landowners who have their property taken without formal eminent domain proceedings can bring their own inverse condemnation actions for just compensation.  A recent Wisconsin Court of Appeals decision addressed whether WisDOT’s road relocation amounted to a taking. Aamaans Properties, Inc. v. Wisconsin Dep’t of Transp., No. 2017AP1220, unpublished slip op. (Wis. Ct. App. Dec. 26, 2018)(per curiam) petition for review filed (Wis. Jan. 25, 2019).

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Apr 03 2019

School Law Update - Referenda Projects

We are happy to extend a well-deserved congratulations to many of our school district friends that saw their electors approve referendum projects last night. While a hearty sigh of relief may be in order, now the real work of ensuring a successful project delivery begins. For those unsuccessful with their electorate, we share your disappointment, but recognize the opportunity presented to address deficiencies. More importantly, the setback provides those districts with an opportunity to regroup, refocus, and fine tune the ask for another election cycle.

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Mar 20 2019

The Knowing Violation and Criminal Acts Exclusions did not Preclude a Duty to Defend Under the "Personal and Advertising Injury" Provisions

West Bend Mut. Ins. Co. v. Ixthus Med. Supply, Inc., 2019 WI 19

Ixthus arose out of a federal lawsuit filed in New York by Abbott Laboratories against Ixthus and over 100 other defendants asserting thirteen federal statutory and common law claims for relief. Ixthus is a medical supply company operating in Wisconsin. Abbott is a health care company that manufactures and sells blood glucose test strips in both domestic and international markets. Abbott's strips are functionally identical regardless of the intended market, but the labeling and instructional inserts as well as price and available rebates are substantially different between the domestic and international packaged boxes. For a variety of reasons, Abbott sells test strips for use in international markets at a much lower cost. The underlying suit was based on Abbott's belief that the defendants were importing, advertising, and subsequently distributing boxes of Abbott's international test strips in the United States.

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