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Recent Blog Posts
How Can Litigation Address Issues Affecting Construction Projects?
Construction projects can involve multiple types of complex concerns. Numerous different parties may play a role in these projects, including property owners, architects, contractors, subcontractors, suppliers, and engineers. With so many moving parts, it is not uncommon for issues to arise during a construction project. These issues can range from contract disputes to construction defects and delays.
Construction litigation is one way to address these issues and seek resolution. By taking legal action, the parties involved in a construction project can protect their rights and interests while seeking compensation for any damages incurred. An attorney who is experienced in matters related to construction law can provide guidance on whether litigation may be necessary or whether there may be other options for resolving disputes.
Wisconsin Supreme Court Rules Against Illegal Property Taxes
For individuals and businesses throughout the state of Wisconsin, property taxes can be a serious issue. The requirement to pay these taxes can place a significant financial burden on property owners, especially when taxes are increased significantly or when other related fees are imposed. In some cases, cities and towns have attempted to levy additional taxes or fees in order to fund utilities, improvements, and other expenses. However, the state of Wisconsin places limits on increases in property taxes. In a recent decision, the Wisconsin Supreme Court addressed attempts by the town of Buchanan to get around these limits, and it forced the town to comply with the levy limits that have been put in place in Wisconsin law.
Wisconsin Property Taxpayers, Inc. v. Town of Buchanan
In 2019, the town of Buchanan sought to increase revenue that would be used to maintain and reconstruct roads in the area. To do so, it used a referendum to allow voters to decide between raising property taxes, putting a special assessment in place, or creating a Transportation Utility Fee (TUF). Voters chose the TUF, and the town put an ordinance in place creating a Transportation Utility District that would be funded by these fees.
Who Can Be Charged With Money Laundering in Wisconsin?
By Money laundering is a serious criminal offense. While it is generally classified as a white collar crime that involves financial activities, it is often related to other types of offenses, such as drug trafficking. Because of this, those who are suspected of money laundering are likely to be investigated by law enforcement, and anyone who is involved in illegal transactions or activities may face criminal charges. It is important to understand the specifics of the offense of money laundering and the circumstances that can lead to a conviction. Those who have been accused of money laundering or related offenses can work with a criminal defense attorney to determine how to respond to these charges.
5 Types of Drugs That May Lead to OWI Charges in Wisconsin
Drunk driving is known to be dangerous, and drivers who get behind the wheel after drinking alcohol could be pulled over and arrested on criminal charges. However, operating while intoxicated (OWI) charges are not limited to alcohol impairment alone. In the state of Wisconsin, driving under the influence of intoxicating drugs is also a serious offense that can result in severe consequences. Following an arrest for OWI due to the use of drugs, it is important for a person to secure representation from an attorney who has experience handling these types of cases. An OWI defense lawyer can assist with cases involving drugs such as:
Marijuana
Marijuana, also known as cannabis or weed, is one of the most commonly used illicit drugs in Wisconsin. Despite its legalization in multiple other states, including the neighboring states of Illinois and Michigan, marijuana remains illegal for recreational use in Wisconsin. If a person operates a vehicle while under the influence of marijuana, they can be charged with an OWI.
Wisconsin Supreme Court Addresses Integrated Systems Rule in Construction Litigation
There are a variety of situations where construction litigation may be necessary to address issues such as shoddy workmanship, defective materials, or other problems that lead to property damage. One factor that played a role in Wisconsin construction litigation cases was known as the "integrated systems rule." This rule stated that insurance coverage for property damage would only apply if damage occurred to "other property." However, a recent ruling by the Wisconsin Supreme Court has rejected this rule. This ruling may affect other types of construction litigation cases and ensure that contractors, suppliers, or those responsible for property damage are held liable.
5 Walworth, LLC v. Engerman Contracting, Inc.
In the case of 5 Walworth, LLC v. Engerman Contracting, Inc., a property owner in Lake Geneva hired a contractor to construct an in-ground swimming pool complex. This contractor, Engerman Contracting, Inc., hired a subcontractor, Downes Swimming Pool Co., Inc., to perform the construction. Downes hired a supplier, Otto Jacobs Company, to supply shotcrete, a ready-mixed concrete used in the construction of the pool. However, after the pool construction was finished, leaks were found. Over the course of several years, attempts were made to repair the leaks. Eventually, it was determined that the leaks would continue to develop and get worse over time. As a result, the property owner was forced to demolish and rebuild the pool.
What Factors Will Affect Spousal Support in a Wisconsin Divorce?
By The divorce process can be difficult regardless of the reasons why a marriage is ending, the level of conflict between the spouses, or the complexity of the issues that will need to be addressed. Moreover, there are some situations where a spouse may be uncertain how they will provide for themselves after the marriage has ended, because the other spouse had a substantially higher income. If that is the case, spousal support (alimony) may be appropriate. Alimony, known as spousal maintenance in Wisconsin, is awarded by the court when it determines that payments should be made by one spouse to the other during or after a divorce. In cases where spousal maintenance is ordered, it is important to understand the factors that may be considered in assessing spousal maintenance and the steps one can take to protect financial interests.
When Is Fiduciary Litigation Necessary in Probate Cases?
By: Attorney John McNally and Law Clerk Nancy Cattani
Death is an inevitable part of life, but dealing with the aftermath of a person's death can be a challenging and emotional experience for their loved ones. When a person passes away, their estate will typically pass through probate court to ensure their debts are paid, their assets are distributed according to their wishes, and their affairs are wound up properly. However, disputes can arise during the probate process, especially if the decedent’s intentions were not clear or if disagreements arise among heirs, beneficiaries, or creditors. In some cases, family members or other beneficiaries may believe that an estate was mismanaged or that a person's assets were not distributed correctly. In these situations, fiduciary litigation may be necessary, and interested parties may take action against a party, such as an executor or trustee, for failing to properly execute their fiduciary duties.
Who Can Be Held Liable for Losses in a Building Collapse?
By: Law Clerk Nancy Cattani
Few things are more terrifying than the idea of being inside a building that collapses. People in this situation may be injured by falling rubble or could be pinned under debris, such as collapsed walls and ceilings. Collapses of large, multi-story buildings are likely to be even more dangerous, as people could experience serious or fatal injuries in falls, and rescuers may need to dig through tons of debris before a person can be extracted.
This situation has become an unfortunate reality for people who have been involved in several recent incidents. On May 28, 2023, part of an eight-story apartment building in Davenport, Iowa, collapsed, and over the next few days, nine people were rescued. Among the injured, there were 3 deaths, as well as many now left homeless. There was also an incident in Surfside, Florida on June 24, 2021 in which a twelve-story building collapsed, resulting in the deaths of 98 people.
People who are involved in these situations are likely to encounter numerous difficulties. Aside from dealing with the expenses involved in receiving treatment for serious injuries or moving forward after the death of a loved one, families may lose nearly all their possessions, and they may struggle to put their lives back together. As these families work to move forward from such a tragedy, they will need to determine who may be held liable for the damages they have suffered. Depending on the circumstances of a case, victims may be able to recover compensation through a premises liability claim or other personal injury lawsuit against the responsible parties.
Will Multiple OWI Arrests Result in Felony Charges in Wisconsin?
Drinking and driving is a dangerous act, and in Wisconsin, it can result in severe consequences. Those who operate motor vehicles after drinking alcohol or using drugs could potentially be pulled over and arrested, and they may be charged with the offense of Operating While Intoxicated (OWI). While a single OWI charge is serious enough, multiple arrests or convictions for drunk driving will result in more severe charges. Drivers should be aware of when they could be charged with a felony due to multiple OWI convictions on their record, and they will also need to understand the penalties that will apply if they are convicted on felony OWI charges.
Felony Charges for Multiple OWI Offenses
In general, felony charges will not apply if a person is convicted of OWI a first, second, or third time. For additional OWI arrests and in certain other situations, a person will likely face felony charges, and a conviction will result in harsh penalties. OWI charges are aggravated when the driver causes injury to someone, including a passenger of their own vehicle, or if the vehicle contains any passengers under the age of 16. OWI may be charged as a felony in the following situations:
5 Types of Injuries That Can Occur in Wisconsin Boat Accidents
During the warm summer months, boating is a popular activity for many Wisconsinites. However, like many other recreational activities, boating comes with some risks. There are a variety of boat accidents that can occur due to issues such as negligent operation or equipment failure, and these accidents can lead to serious injuries. Those who are injured in these situations may be able to work with an attorney to identify the parties who were responsible and pursue compensation for their damages.
Common Boating Accident Injuries
There are numerous ways people can be injured while boating. A boat may capsize, two boats may collide, or a person in the water may be struck by a boat, to name just a few examples. There are multiple types of serious injuries that can occur in these situations, including:
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Drowning - If a boat capsizes or if people are thrown overboard in a collision, their lives may be placed at risk, especially if they did not have life jackets or other personal floatation devices. Even strong swimmers may be at risk of drowning due to other injuries that occurred in a boat accident. While rescue efforts will often be made in these situations, there may not be time to provide aid. People who are boating alone or in small groups may not be able to call for help, especially if an accident occurs far away from shore.
