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Recent Blog Posts
Can Business Partnership Disputes Be Settled Through Litigation?
While most people who go into business with a partner take care to select ones who have similar goals, inevitably, there will be disagreements from time to time. Often, these issues can be solved through honest, open communication. However, sometimes a dispute can turn severe and ugly very quickly, which is when an experienced commercial litigation attorney can help. How a business is set up can also come into play.
Talking the Issues Out
First and foremost, successful business partnerships are based on the ability to communicate, at no time is this more important then when there is a disagreement between partners. Discussing these issues may demand a certain amount of diplomacy—and perhaps compromise—on both sides, but the outcome of maintaining the partnership and getting the business back on track can be worth it.
Third-Party Help
Sometimes disagreements—and partners—can become emotional, making a mutually beneficial resolution virtually impossible. In such instances, it may help to seek out a mediator. A mediator is an independent third party who is trained in dispute resolution who can help the two sides see eye-to-eye, or at least come together enough to keep the partnership intact and the business running.
How Can a Nursing Home Defend Against Accusations of Abuse or Neglect?
When a loved one enters a nursing home, it is usually with the idea that they will receive better care than their family or friends can provide at home. Sadly, this is not always the case. However, many nursing homes do provide quality care yet still face accusations that staff members did not provide the proper care. What can health care facilities, such as nursing homes, do to protect themselves from allegations of abuse?
Sad Statistics
No one can deny that nursing home abuse is a real concern. Consider:
- An estimated five million elders are subject to abuse annually.
- Elder abuse comes in many forms, including physical, emotional, sexual and financial.
- An estimated 5-10 percent of abuse reported by alleged victims is physical, 60 percent is verbal, and 14 percent falls under the category of neglect, which often includes the failure to provide proper food, housing, medicine, and/or hygiene.
When Is Probate Litigation Necessary to Resolve a Contested Estate?
The death of a family member can be a difficult, highly emotional time. An estate that is contested can make this an even more stressful situation—and one that requires a good probate litigation lawyer.
What Is Probate?
Probate is the process by which a person’s assets—or estate—are transferred to those who are legally entitled to them. The process is supervised by the court, and it makes sure all debts, taxes, and other expenses owed are paid and that the assets are distributed according to the decedent’s will or the state’s statues.
Formal Probate
There are several types of probate proceedings in Wisconsin. Estates that are contested invariably end up in what is known as formal probate. Formal probate occurs under the supervision of a circuit court judge when:
- There is no final will.
- All parties involved fail to agree to sign a waiver and consent.
How Can Healthcare Businesses Address Legal Issues Involving Overbilling?
In recent years, a number of news stories have surfaced about healthcare providers who have committed fraud by overbilling patients. While there are some unscrupulous entities that intentionally do just that, sometimes what looks like an attempt to commit fraud is nothing more than human error. For example, a bill could come from the billing department that assumed a specific service was performed because it appeared on the original paperwork and was never removed when the service was not rendered, or a patient could be charged for medication that was ordered but never received.
Unfortunately, the government does not determine healthcare fraud based on intent. In fact, under the Federal False Claims Act (FCA), a person who knowingly submits false claims to the federal government or causes false claims to be submitted will be civilly liable for fines and penalties. Despite the word “knowingly,” ignorance is not a defense. The FCA defines “knowingly” to not only include actual knowledge, but also instances where an individual acted in deliberate ignorance or reckless disregard for the truth or falsity of the information.
What Types of State Criminal and Related Consequences Can Result From Computer-Related Crimes?
By Patrick Knight, Ray Dall’Osto & Jason Luczak
Computer and digital technology is constantly changing and ever-expanding. As a result, certain types of activities that might not seem problematic at the time could end up causing serious legal problems. State laws governing theft, and its civil cousins misappropriation and conversion, have expanded to include unauthorized possession, use and misuse of computers and digital information, the internet, use of identity, and capturing and sharing images.
Internet crimes are ever-increasing and the definitions applied and consequences change rapidly, with the sentences more and more retributive. Known collectively as computer crime laws, these statutes cover a wide scope of activities, and violations of these laws can result in a broad range of criminal penalties. In addition to criminal charges, these crimes and activities can also form the basis for restitution claims and large money damage lawsuits, which include punitive and treble damages.
How Do You Show Breach of Contract in a Civil Case in Wisconsin?
There are three ways a contract can be breached, warranting a civil lawsuit in Wisconsin. These are:
- Failing to perform a task specified in the contract.
- Making it impossible for the other party to perform a task stipulated in the contract.
- Communicating an intent to not perform a task in the contract.
While these three criteria may seem clear cut, proving that one or more of them has been met is not always so easy.
Establishing the Claim
To claim a breach of contract, the burden falls on the plaintiff (the person who commences the lawsuit), who must prove that:
- An enforceable contract exists,
- The defendant caused a material or fundamental breach, and
- The plaintiff suffered damages as a result of the breach.
Demonstrating the Existence of a Contract
To show that a breach of contract has occurred in Wisconsin, a valid contract must have been in place. The contract can be written or oral, as both can be legally enforced. What matters is the ability to prove the contract included the following three components:
What Sentence Does an Arson Conviction Carry in Wisconsin?
By Ray Dall’Osto & Jason Luczak
Wisconsin, like most states, considers arson to be a very serious criminal act and imposes stiff penalties on anyone convicted of the crime. An individual facing arson accusations and charges in Wisconsin should consult with and work with a skilled criminal defense attorney who is also familiar with applicable insurance law and claims procedures, to best deal with and understand the charges and potential consequences of a conviction.
Arson to Buildings and Property Damage
Anyone who commits one of the following acts may face felony arson charges under Wisconsin law:
- Uses fire to intentionally damage a building that belongs to another person without that person’s consent, Wis. Stat. § 943.02
What Visitation Rights Do Grandparents Have in Wisconsin?
Families can be complicated, and this means that matters of family law can also involve a variety of complex issues. Divorce and child custody cases often result in contentious disputes, and when issues such as visitation rights of grandparents or other third-parties are added to the mix, they can be difficult to resolve. Parents and grandparents should be sure to understand their rights in these situations.
Constitutional Rights
Parents’ right to raise their children without government interference is protected under the 14th Amendment of the U.S. Constitution, which generally prohibits government interference with a person’s liberty without due process. An award of visitation rights to a third party—including grandparents—over a parent’s objections interferes with a parent’s constitutionally protected right to make decisions regarding the “care, custody and control” of his or her children (Troxel v. Granville). The only thing that may override this right is if visitation rights to a third party is found to be “in the best interests of the child.”
Stricter Drunk Driving Laws May Be Near in Wisconsin
The Wisconsin Assembly passed two bills this summer which, if approved by the state Senate, would impose stiffer penalties on individuals convicted of operating while intoxicated (OWI). The first bill would establish a mandatory minimum prison sentence of at least five years for drivers convicted of an OWI that resulted in a fatality. A driver facing such a charge under current law faces a considerable prison sentence, although a sentencing court has the discretion to impose jail time, probation or combination of the two. The new bill passed by the Assembly would take away all discretion and individual consideration of each defendant and lump them all together regardless of blood alcohol level, treatment needs and efforts, etc. The second bill would make it obligatory for drivers facing OWI charges, including all first-time offenders, to appear in court. Because a first-time OWI is currently not a criminal offense, the civil rules of procedure allowing an appearance by legal counsel for some court proceedings can occur.
What Happens to Pets in Wisconsin Divorce Cases?
Pet owners can be very attached to their animals, and a growing trend in the United States is to treat pets more like family than property. So, when a Wisconsin couple is facing divorce, the question naturally arises: “Who gets the pet?” When it comes to divorce, Wisconsin state law still considers pets as property, and therefore, they are included in the division of the couple’s assets and liabilities. This means legally, the pet is assigned to one or the other spouse, and since the pet is considered property, there are no court-sanctioned custody or visitation rights.
A 50/50 State
Wisconsin is considered a community property state, which means all marital property in a divorce (or legal separation or annulment) is divided 50/50 between the two partners. As stated above, this normally means the pet will be awarded to one or the other spouse. However, the 50/50 split excludes property that was given as a gift to either spouse separately or property that was inherited separately. Therefore, if the pet was a gift to one of the spouses or, for example, the pet was inherited from a parent, this might be grounds for the pet to be awarded to one spouse over the other.
