Commercial lease disputes can be costly and complex, due to long lease terms and the large amounts of rent payments involved. Often, once one side believes that there has been a breach of the lease, the most efficient way to resolve the problem is to bring in legal professionals who are experienced in commercial real estate and contract law.

A dispute between a commercial landlord and tenant is typically a contract issue at heart, with the lease being the controlling contract. There are numerous laws and cases that will determine what the various clauses of the lease mean in your case. Here are a few examples of common commercial lease disputes:

Vaguely Drafted Lease

If a lease is not properly drafted, commercial lease disputes are bound to occur. The key to properly drafting a lease is being clear as to what each party’s obligations and rights are. For example, the lease should state the proper person or entity who is leasing the property, what rights the tenant has to common areas, what renewal options are available, and what utilities are included in the lease. 

By Russell J. Karnes

Most people are relieved and ready to move on to the next phase of their lives after going through the long and stressful process of selling a home. Buyers and sellers typically have had very little direct interaction with each other during the sale process, and most sellers assume that they will never hear from the buyers again. 

But as sure as the first warm sunny day will melt the winter snow, so too will Wisconsin’s real estate litigation start heating up this spring. Because with all that melting snow comes another sure sign of spring in Wisconsin: damp and leaky basements. In some cases, last season’s real estate buyers are surprised to find out that their new home’s basement is no longer dry. So some buyers decide to sue the sellers after realizing how much it’s going to cost to fix their leaky basements. 

Many states in this country have made medical marijuana legal, and some have also legalized the drug for recreational use. In Wisconsin, marijuana possession is still a crime. However, the state does make some exceptions for those with medical conditions.

To possess marijuana for medical purposes in Wisconsin, the marijuana must be non-psychoactive medical CBD oil. In addition, you must have a letter from your doctor authorizing your use.

History of Medical Marijuana Laws in Wisconsin

In 2014, Wisconsin passed its first version of a medical marijuana law. This law only allowed those with seizure disorders to use marijuana, and the marijuana that was legal was a non-psychoactive version. Under the law, it was also a requirement that patients have a written recommendation from a doctor.

What is a mass tort? A mass tort is a type of action that can be brought when there is one instance of negligence that causes injury to a group of people. Mass tort actions can be brought against defendants in state or federal court. It is not uncommon for these cases to be consolidated into multidistrict litigation.

A judge will determine if a mass tort action can be brought in multidistrict litigation. He or she will look at how many victims are involved, if the victims live near each other, if the injuries complained of are similar, and whether there is a common cause of the injuries, such as a single accident or product.

Typical Types of Mass Tort Actions

Wisconsin law does not limit mass tort actions to certain types of injuries or certain industries to mass tort actions. That said, there are certain claims that often are successful in using a mass tort action:

There are numerous child custody concerns that need to be addressed as part of divorce proceedings. The resolution of these issues can have a huge influence on your children for years to come, so it is important to understand what a typical child custody proceeding entails.

Types of Custody

In Wisconsin, there are two types of custody, and both types must be negotiated or litigated during a divorce case. The first type is called legal custody, which refers to the right of a parent to decide major life decisions for their child. These determinations include where a child will go to school and attend church, as well as decisions about medical care issues. In many cases, a court will allow both parents to have a say in these decisions.

The second type of custody in Wisconsin is physical placement, which refers to where a child lives. This type of custody could be sole or joint. Even if one parent has sole custody, the other parent may have visitation rights as well as legal custody rights.

If you believe that you will be a party to an employment law dispute, such as a disagreement between an employer and employee about wages and hours, you may be wondering how the dispute will come to an end. In many cases, parties who have asked a court to settle their legal issues leave the process unsatisfied and not on good terms with one another.

Alternative dispute resolution (ADR) is an option for resolving workplace disputes that focuses on finding a solution or compromise that will be workable for both parties. One benefit of this process is that it can result in a continued working relationship between the employer and employee after the dispute has been resolved, which appeals to many people in this situation. 

What Is Alternative Dispute Resolution?

Litigation in court is the traditional method of settling legal disputes, and it is adversarial in nature. At the end of the litigation, a judgment will be made by a court and both parties will be bound by it. 

If you are a divorced parent, moving will likely be more complicated than finding a new home and packing up a moving van. That is because there are certain laws that apply when a divorced parent wants to move with their children to a new location.

In Wisconsin, the parental relocation laws were updated in April 2018. The new law provides that if both parents are granted any period of physical placement with a child, and one parent seeks to move with the child at least 100 miles away from the other parent, then the relocating parent must request permission for the move with the court.

The request to the court must include the following information: 

Property division is a component of any divorce, and in a high net worth divorce, this issue can be complex and hotly contested. Such divorces may require the assistance of forensic accountants to review voluminous financial documents and tax specialists to determine the tax costs and implications of dividing or transferring ownership of property.

Dividing Large and Complex Assets

It is usually accepted that a high net worth divorce involves liquid assets totaling more than $1 million. Those who fit this description often have a variety of businesses and accounts that have been created in order to take advantage of tax laws as well as to diversify assets.

In all cases of asset division, an attorney will first seek to identify what property is part of the marital estate. In Wisconsin, any property acquired or income earned by either spouse during the marriage is considered community property. 

An estate may be contested when an interested party (such as one of the beneficiaries) objects to using the will to distribute an estate, in whole or in part. Such objections can lead to significant delays in distributing the property to heirs, so it is important that parties to such contests be represented by qualified legal counsel who can move the process along in a timely fashion.

Because the testator (the person who made the will) is dead during the probate process, proving what he or she intended at the time the will was signed can be difficult, although not impossible.

Common Challenges Made in Probate Court

Estate administration is complex, because no two wills and no two estates are alike. There are, however, common issues that are raised in probate court related to contesting a will. These include:

A business is only as strong as the contracts it enters. There are many ways that a business contract can be detrimental to a company: it can favor the other side, it can be unclear from a legal perspective, it can be vague, and it can leave out key terms. Many business owners fall victim to using a template contract found online that is not properly tailored to the parties and their unique situation.

On the other hand, a well-crafted contract can be an important asset to a business, giving the business stability. It should be noted that there are many ways a business contract can be poorly constructed, and those business owners looking to enter into a contract should be aware of these areas. Contract issues that commonly affect business owners include:

• Too much legalese. If you do not understand the terms of the contract because legal jargon is used, this does not mean the contract is a good one. A good contract should be readable and understood by the parties. There may be a term or two that will need to be explained to you by a lawyer, but on the whole, a good contract should be understandable.
• Lack of specificity. A contract has the same effect between the parties as law. Thus, it should be clear what each party’s obligations are. Any detail known should be included. For example, if payment is to be mailed to a party, the address for the party should be written out in the contract. The entire agreement should be reduced to writing. It is dangerous for the agreement to be partially in writing and partially verbal.  
• Failure to address the contract’s termination. All contracts will come to an end, so the contract should contemplate how that will be done and under what circumstances.
• Omitted litigation provisions. Most contracts should include an agreement on what law will govern any disputes arising between the parties, and if a party will be liable for attorney’s fees and court costs in the event of a contractual breach.

A Milwaukee, WI Commercial Contract Lawyer Can Help

If you are considering signing a business contract, you should have an attorney on your side. The qualified Milwaukee, WI business contract attorneys at our firm will use our years of experience in representing businesses when reviewing your contracts and ensuring that they meet your business objectives.