By Russell J. Karnes

Because of the public health emergency caused by the rapid spread of COVID-19 (Coronavirus), on March 27, 2020, Wisconsin’s Governor and the Secretary of the Wisconsin Department of Health Services issued an emergency order prohibiting landlords from moving forward with eviction actions and mortgagees from moving forward with foreclosures. In doing so, the Governor is mirroring what had effectively already been done by court order in Milwaukee and Dane Counties.

The Governor’s statewide order goes further than the prior court orders by prohibiting landlords from serving notices for failure to pay rent (five-day notices) and any other notices terminating tenancy unless necessary to protect against serious physical harm to another (i.e. in cases of domestic violence). Landlords are also prohibited from filing eviction actions and from having writs of restitution served by the sheriff.

By Attorney Chris Strohbehn

A restaurant in New Orleans, LA filed a lawsuit last week asking a judge to declare that its business interruption insurance policy will cover lost revenue as a result of mandated closures from government authorities due to the coronavirus pandemic.

The restaurant serves cajun style food in a large space that can seat up to 500 people in the French Quarter, a popular tourist district in New Orleans. While the restaurant is normally busy, the coronavirus crisis has caused crowds to diminish greatly. To help prevent the spread of COVID-19, the governor of Louisiana has prohibited gatherings of over 250 people, required bars to remain closed, and restricted restaurants to filling takeout orders. This order will remain in effect until April 13, 2020.

By Attorney Russell J. Karnes

The public health emergency caused by the rapid spread of COVID-19 (Coronavirus) has caused Wisconsin Circuit Courts in Dane County and Milwaukee County and the Wisconsin Supreme Court to issue orders that significantly affect the rights of landlords and tenants. The City of Milwaukee and State of Wisconsin health departments will also issue Stay-at-Home, or Safer-at-Home orders that further limit the activities of landlords and tenants. 

How Do Court Orders Staying Evictions Impact Landlords and Tenants?

On March 18, 2020, a Judge in Milwaukee County issued an order suspending the enforcement of all pending writs of restitution (evictions) in Milwaukee County. Dane County’s presiding Judge issued an order suspending all evictions as of March 17, 2020. The basis for these orders was the need to prevent homelessness during the pandemic. On March 22, 2020, the Wisconsin Supreme Court issued an order suspending in-person hearings in most civil actions that will effectively stop any new eviction actions from being heard until at least May 1, 2020.

By Attorney Chris Strohbehn and Law Clerk Nathan Froemming

Business Interruption Insurance Coverage

With COVID-19 spreading rapidly, Wisconsin Governor Tony Evers issued an executive order on March 17th forcing restaurants and bars across the state to close their doors. As a result, restaurant and bar owners are losing significant income, and they will be likely to incur additional expenses because of the coronavirus pandemic. These disruptions are likely to lead to a significant increase insurance claims by tavern owners against insurance policies that offer business interruption coverage. Whether these claims will be covered will depend on the terms and conditions included in a policy, as well as the circumstances surrounding the losses suffered by the bar or tavern.

Successful business interruption insurance claims regarding infectious diseases are uncommon. In fact, the law regarding business interruption coverage related to epidemics or pandemics of infectious diseases is limited in the U.S., and these types of cases are often unique.

By Attorney Erin Strohbehn

In the United States of America, everyone has the right to work in a professional setting free of sexual harassment, discrimination, and intimidation. In Wisconsin, sexual harassment and discrimination of any kind is prohibited in the workplace. According to the Wisconsin Fair Employment Act and the Civil Rights Act of 1964, victims of sexual harassment and discrimination may be able to recover financial damages if the proper measures were not taken to address these issues. Damages may include loss of income and physical and emotional suffering. When addressing these matters, employers will want to work with an experienced employment law attorney.

Sexual Harassment

Sexual harassment occurs when a person experiences unwelcome sexual advances, demands for sexual favors, or inappropriate verbal or physical conduct. Sexual harassment in the workplace typically falls into one of two categories:

By Attorney Kristen Nelson

Over the past week, we have entered unprecedented times. Daily, new Coronavirus cases are confirmed, and the death toll continues to rise. Social distancing has become the norm, and it is now considered the polite thing to do.

It is easy during these unsettling times to want to bend the rules. However, for licensed healthcare professionals, bending the rules during this health crisis could result in long-term consequences professionally. It is important to remember that the regulations governing licensed professionals still apply even during these times.

By Attorney Chris Strohbehn and Law Clerk Nathan Froemming

With COVID-19, commonly known as the coronavirus, causing disruptions to global markets, many businesses have lost and will continue to lose income, and they may sustain a variety of unforeseen expenses due to the pandemic. These major disruptions will likely cause an increase in the number of insurance claims in policies that provide business interruption coverage. In these cases, insurance coverage will depend on a policy’s terms and conditions and the circumstances surrounding the loss experienced by a company.

Successful business interruption coverage claims in cases involving viruses are uncommon. In fact, the law related to this type of coverage in connection with pandemics or epidemics of human infectious diseases is sparse in the United States, as these cases are indeed unique.

By Attorney Chris Strohbehn

Most people purchase a life insurance policy in hopes of protecting their family against future financial burdens their death may cause. According to the Insurance Information Institute, the total amount of life insurance benefits and claims in the United States in 2018 was $784 billion dollars. This amount includes death benefits, disability benefits, annuity benefits, and other types of payouts relating to life insurance claims.

Although thousands of life insurance claims are approved each year, many claims are also denied. If you have received notice that your claim has been denied, you should speak to an attorney and take the appropriate steps to ensure that you receive the benefits you deserve.

By Attorney Nicole Masnica

As you can imagine, taking another’s property without permission is a crime in Wisconsin – one that can be prosecuted as a municipal citation or criminal charge. The state’s statutory scheme that controls property crimes is Chapter 943. Within that section of the criminal statutes, you will find a variety of crimes, from credit card fraud to armed robbery to identity theft. You will also find two provisions titled “Theft” (Wis. Stat. §943.20) and “Retail Theft” (Wis. Stat. §943.50). Whether allegations of theft result in misdemeanor or felony charges, they are not something to take lightly, as they can result in serious legal consequences that will impact your future in a variety of ways. When facing these types of charges, it is crucial to obtain representation from an experienced criminal defense attorney. 

Theft Charges Under Wisconsin Law

According to Wis. Stat. §943.20, a criminal theft is one of the following acts:

By Attorney Nicole Masnica 

Whether they are legitimate or not, accusations of child neglect or abuse occur every day. Being accused of harming a child can ruin lives and tear friends and families apart. It is not unusual for tempers to rise in high-pressure situations like a contentious divorce or a child custody dispute, and sometimes, one parent may accuse the other of abusing or harming their children in hopes of gaining leverage in a custody dispute. 

If you have been accused of abusing your child, it is important to contact an attorney immediately. An experienced criminal defense attorney will be able to help guide you through the investigation and potential criminal charges. If the child involved is your own, you should also seek a family law attorney with experience in custody disputes and child abuse investigations to protect your interests as a parent.