April 24, 2024 – The estate of a man who took his own life in a county jail failed to show that correctional officers were objectively unreasonable when they failed to enforce a rule that prohibits coverings that obscure views into cells, the U.S Court of Appeals for the Seventh Circuit has ruled in Estate of Gavin Wallmow v. Onedia County, No. 23-2141 (April 17, 2024). On July 4, 2021, officers with the Rhinelander Police Department arrested Gavin Wallmow on a probation violation. The police took him to the county jail. Wallmow told Sergeant Glenn Kortenhof, a correctional officer, that he di ..read more

April 24, 2024 – Damage caused by a company’s intentional failure to repair a condominium complex can constitute an accidental “occurrence” that is covered by a commercial general liability (CGL) insurance policy, the Wisconsin Court of Appeals (District II) has held in McLaughlin v. Gaslight Pointe Condominium Association, Ltd., 2023AP1011 (April 17, 2024). In 2021, John and Nancy McLaughlin, William Faust, and Jan Kielp (Owners) bought townhouses in a Racine condominium complex owned by Gaslight Pointe Condominium Association, Ltd. (Gaslight). In February 2022, the Owners sued Gaslight in R ..read more

For fiscal year 2023, the Department of Justice (DOJ) recouped over $2.68 billion through the enforcement of False Claims Act (FCA) settlements and judgments, a notable increase from FY 2022’s $2.2 billion recoupment.1 Additionally, over $1.8 billion out of the over $2.68 billion recovered are, according to the report, within the “health care industry, including managed care providers, hospitals, pharmacies, laboratories, long-term acute care facilities, and physicians,” which is an increase from FY 2022. As the last few years of FCA settlements and judgements have shown, the health care indu ..read more

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April 19, 2024 – The exclusive remedy provision of the state workers’ compensation law bars a tort lawsuit against a third-party claims administrator, the Wisconsin Court of Appeals (District III) has ruled in Graef v. Applied Underwriters, Inc., 2023AP420 (April 9, 2024). In November 2012, Francis Graef was gored by a bull while working for Equity Livestock (Equity). He was physically injured and later suffered from depression. A doctor prescribed Graef an antidepressant. Continental Indemnity Company (Continental), the workers’ compensation insurer for Equity, was responsible for authorizin ..read more

​​April 19, 2024 – A circuit court’s dismissal of an OWI charge after conviction on a different charge under Wis. Stat. section 346.63(1)(c) can be reversed, the Wisconsin Court of Appeals has ruled in State v. McAdory, 2023AP645 (April 11, 2024).​​In August 2019, a jury convicted Carl McAdory in Rock County Circuit Court of operating a motor vehicle while under the influence of one or more controlled substances (OWI) and operating a motor vehicle with a restricted controlled substance (RCS). Both counts arose out of the same incident. Based on the “single-conviction” provision in section 346 ..read more

April 18, 2024 – A circuit court did not err in returning a poodle to its original owner in a replevin action, the Wisconsin Court of Appeals has ruled. In Voegtline v. Bannach, 2023AP2022 (April 9, 2024), the Court of Appeals (District II) held that the circuit court’s decision was justified by original owners’ uncontroverted testimony regarding ownership and the resemblance between her dog and defendant’s dog. In 2012, Leola Voegtline bought Marley, a black-and-white toy poodle puppy for $300 on Craigslist. In September 2018, Voegtline’s husband John left the fence gate unlatched while he d ..read more

The group of soon-to-be Wisconsin lawyers take the Attorney's Oath in the Supreme Court Hearing Room. For more photos of the event, see ​the album on the State Bar of Wisconsin Facebook page. April 18, 2024 – A business lawyer from California, a journalist turned lawyer, a lawyer representing the third generation of lawyers in her family, and the first lawyer in her family. These describe some of Wisconsin’s newest lawyers, taking the final steps after passing the bar exam – becoming Wisconsin lawyers in a ceremony before the Wisconsin Supreme Court on April 16, 2023, taking the Attorney’s ..read more

This article is the first in a new series: I'm interviewing elder law attorneys around the state to find out why and how they started practicing elder law, what their practices are like, and what they achieve for their clients. My first interview is with Blaine Patino of Canellos & Patino in Wauwatosa. Blaine was recently a presenter at the Winter Workshop put on by the Wisconsin chapter of the National Academy of Elder Law Attorneys (NAELA). I could tell he had something of an unusual style. “I’m a little rebellious – I’m a punk who grew up,” Blaine told me. “I think elder law attorneys ..read more

April 17, 2024 – A selection of recent Wisconsin case verdicts are shared below. The information is provided as a service to State Bar of Wisconsin members in cooperation with Westlaw's® West's Jury Verdicts – Wisconsin Reports, a Thomson Reuters business. Featured Cases Seefeld v. 3701 Humbolt LLC (Wis. Cir. Ct. - Milwaukee) Premises Liability - Settlement: $100,000 Plaintiff Recovers $100K Following Slip, Fall Accident in Icy Parking Lot in Milwaukee Case Summary: 2022 WL 22292668 Request 1 Free Case Summary by E-mail Plaintiff's complaint: 2020 WL 13862733 Decision and order granting moti ..read more