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Wisconsin Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Wisconsin


Diagnosing Traumatic Brain Injury with the DSM-5

The highly controversial, recently released, Diagnostic and Statistical Manual of Mental Disorders 5th Edition (DSM-5) addresses Traumatic Brain...

Wisconsin Homebuyers: What You Need To Know About Contingencies

In real estate, a contingency is a condition included in a home purchase agreement, that must be completed before a deal can actually be...

Don't Make These Mistakes in Your Divorce

Every divorce is different. The parties to a divorce have different needs and expectations. But across the board, any person going through a...

Bankruptcy Law in Wisconsin

What can bankruptcy accomplish for a person who is in debt in Wisconsin?

Safety Tips for the Motorcycle Season

As the weather warms up, more and more motorcycles are coming out of the garage, with riders ready to hit the road. Before you hop on your bike,...

Wisconsin Marijuana Laws and Penalties

Wisconsin Marijuana Laws and Penalties for Possession, Paraphernalia, Growing and Intent to Deliver/Sell/Distribute

Wisconsin Recreational Vehicle Safety During the Winter Months

Every winter, Wisconsin is blanketed with acres upon acres of soft, fresh snow. This snow cover is ideal for snowmobile enthusiasts who carve...

New Rules for Estate Recovery in Wisconsin

In 2014, the rules regulating the Wisconsin Estate Recovery program were updated to allow Medicaid and other long-term care insurance programs...

Business Ownership in the Family

Family owned businesses may thrive over multiple generations. To have lasting success, the family owned business needs to transition ownership...

Four Tips on Negotiating Startup Office Leases

Ready to move your startup out of the garage and into real office space? Here are some tips on negotiating your startup office lease.

Managing Retirement Benefits of Trust or Trusteed IRA

Congratulations on making the decision to plan for your retirement accounts through a trust or trusteed IRA. You’ve selected a cost-effective,...

Planning for the Million Dollar Balance Retirement Account

A million dollar retirement account sounds like a significant sum. If something tragic were to happen, a retirement account of this size would...

What Happens After Filing an Initial Claim for Long Term Disability

What happens after filing an initial claim for Long Term Disability: The agony of ongoing and periodic LTD eligibility reviews. Throughout the...

Taking a Medical Leave of Absence from Work

If you or your family is faced with a medical condition or issue that requires you to take leave from your job, you may have more protection...

The Powerful Patient: Documentation Before Applying for Medical Leave or Disability Benefits

Disabled individuals, or those with medical conditions that impair their ability to work, are often frustrated with the process of proving their...

The Importance of Proof of Ownership

There are many advantages to owning a business, assuming that ownership can be proven. Owning a business allows for personal wealth appreciation...

Always, Always, Always Read the Contract

Think about the last contract you signed. Did you know which sections were negotiable? Which provisions, with negotiated changes, could have...

Wisconsin Changes Unemployment Insurance Law To The Detriment of Employees

As of January 5, 2014, Wisconsin’s unemployment insurance laws changed dramatically. The new law codifies and expands the definition of...

No-Fault Attendance Policies Open Potential For Fault

Under a “no-fault” attendance policy, an employee accrues one point per absence, regardless of the reason for the absence. After an employee...

The Perils of Not Hiring an Employment Law Attorney: Cautionary Tales

We see you rolling your eyes. “Oh, go figure, 2 employment attorneys preaching about the ‘dangers’ of not being represented by an employment law...

Yay or Nay? Potential Certification Consequences under the FMLA

For those of you paying attention, that title rhymed. In any event, as we touched on in a previous article, certification is an important...

12 Divided by 4 = Option 3... What? Wait for It

In our previous articles about the Family & Medical Leave Act, we noted that covered employers must grant eligible employees up to a total of 12...

Basic FMLA Responsibilities for Employers

We spent the last article providing an overview of the Family and Medical Leave Act (FMLA) – who’s covered, who’s not, and where to find...

Quick Facts about the Family and Medical Leave Act (FMLA)

Although we discuss the Family & Medical Leave Act on our website, we thought we would provide a second source of quick facts on the FMLA and...

Background Checks Can Lead to Liability in Wisconsin

Not handling the background check process correctly or misusing the information contained within the background check, also called a consumer...

Proof Workplace Discrimination Can Happen to Anyone

The attorneys at Walcheske & Luzi, LLC are continually surprised by the number of people who believe workplace discrimination could never happen...

Clinical Integration and the Rochester Network Advisory Opinion

  By Ruder Ware
The Rochester Network Advisory Opinion is one of the few sources that we have to get a glimpse of what is required for a health care...

Medical Director Compensation and Compliance

  By Ruder Ware
Compensation to medical directors has become a 'hot-button" compliance issue. If not properly structured and monitored, a medical director...

Medical Director Compensation and Compliance

  By Ruder Ware
Compensation to medical directors has become a 'hot-button" compliance issue. If not properly structured and monitored, a medical director...

The False Claims Act – Application of the Lincoln Law to the Health Care Industry

  By Ruder Ware
The False Claims Act was originally focused on the defense industry during the Civil War. It was later expanded during the defense industry...

No Background Check Authorization, No Background Check for You!

For Wisconsin employers, a common question is "what happens if the job applicant refuses to sign the background check authorization form?" The...

Background Checks and the Fair Credit Reporting Act

A natural segue from our last article regarding conviction records is to briefly touch on background checks and the requirements of the Fair...

Conviction Record Discrimination under the Wisconsin Fair Employment Act

Like arrest record discrimination, conviction record claims are not under federal law, but rather only under the Wisconsin Fair Employment Act....

Arrest Record Discrimination in Wisconsin

Arrest record claims in Wisconsin are full of twists and turns, loopholes, and caveats. For this reason, they can easily get screwed up if you...

It's the Cola: Pepsi Settles Conviction Record Discrimination Case

In January, Pepsi Beverages entered into a pre-litigation settlement of $3.13 million to resolve race discrimination charges that were filed...

Holier Than Thou Redux: New Case Tests Limits of the Ministerial Exception

Sometimes leaving the TV on for background noise can yield results. About 2 weeks ago, I caught a brief teaser for an upcoming story about a...

Holier Than Thou: Religious Organizations Free to Discriminate?

Earlier this year, the Supreme Court gave religious organizations more freedom in hiring and firing by expanding the “ministerial exception” to...

Wisconsin Governor Walker's Repeal of 2009 Wisconsin Act 20

Recently in Wisconsin, Governor Scott Walker repealed 2009 Wisconsin Act 20, which allowed victims of employment discrimination in Wisconsin to...

Foreseeability in Premises Security Liability Cases

The underlying concept in most premises security liability cases is foreseeability. But that concept is not always fully understood. As relates...

It’s a Myth – Auto Accident – “Just Being There”

In talking to clients and prospective clients I often hear them remark that anyone involved in an accident is negligent “just for being there”....

Truth in Auto Repeal and Reducing Clauses

Beware Wisconsin car insurance consumers: Beginning with auto insurance policies issued or renewed after November 1, 2011, uninsured motorist...

Are Medical Rankings Reliable?

When we go under the knife for surgery, we place our lives in the hands of the doctor performing the operation and the hospital where it is...

Wisconsin Alters Personal Injury Law: a Danger to the Injured?

Aimed at improving the state's business climate, Wisconsin Governor Scott Walker signed into law a comprehensive tort reform bill.

Wisconsin Boating Safety

Summer, sun and water are the perfect trio for many Midwesterners. With so many people out to enjoy the lakes, boating safety is critical.

Wisconsin Bans Text Messaging While Driving

In May, Wisconsin became the 25th state to ban the act of text messaging while driving any motor vehicle.

Wisconsin Implements New Drunk Driving Laws

Beginning in July 2010, Wisconsin drivers will face higher fines, more jail time and stricter penalties for driving under the influence (DUI)....

Occupational Injuries and Occupational Diseases

Wisconsin law recognizes two types of on-the-job injuries that are compensable under an employer's workers' compensation insurance policy:...

New Wisconsin Car Insurance Law Benefits Drivers

The New Year is already looking up for Wisconsin drivers! By January 1, 2010, all of the provisions of the Truth in Auto Insurance law will be...

Recreational Vehicles and Motorcycles Are a Recipe for Fun and Danger

Although the warm-weather season in Wisconsin can be short, Wisconsin residents love to make the most of it. We enjoy our numerous lakes,...

The Physician Assistant Expert Witness and Medico-legal Consultant: A Guide for Attorneys and Experts

Brief overview of PA scope of practice and supervising physician role and relationship. Recommendations for the use of PA experts to provide...



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