Civil litigation refers to the legal process followed by individuals or entities to resolve disputes through the court system. It can involve a wide range of issues, such as contract disputes, personal injury claims, property disputes, and more. If you find yourself involved in a legal dispute, understanding the steps involved in civil litigation can help you navigate through the process effectively. 

In Wisconsin, there are several distinct stages of civil litigation. While each case is unique and may have its own complexities, here are the general steps followed when litigating disputes in civil courts:

1. Pre-Litigation Phase

A civil dispute will typically begin when the plaintiff sends a demand letter to the defendant detailing their claims. Before initiating formal legal proceedings, the parties may attempt to resolve the issue outside of court. They may engage in negotiations or mediation to try to reach an agreement without going through a full trial. If disputes can be resolved at this stage, the parties will usually be able to save time and avoid the costs associated with courtroom proceedings.

There are multiple drugs that are classified as controlled substances, and possession can lead to drug charges. While some drug possession offenses are classified as misdemeanors, others may be charged as felonies. A person who is convicted of felony drug possession may face a lengthy prison sentence, large fines, and other penalties. Understanding when drug possession is charged as a felony in Wisconsin is crucial for anyone facing these types of charges. An experienced criminal defense attorney can help defendants in drug crime cases understand their options and ensure that they take the correct steps to avoid being convicted, if possible.

Possession of Controlled Substances

Drug crime laws are outlined under Chapter 961 of the Wisconsin Statutes. The severity of a drug possession charge will depend on various factors, such as the type and amount of drugs involved, prior convictions, and whether a person had an intent to distribute the drugs to others.

Types of Drugs:

Controlled substances are grouped into different categories known as “schedules.” These groups are based on factors such as the potential dangers posed by substances, their addictive properties, and the actual or relative potential for abuse.. Schedule I drugs are thought to have the highest potential for abuse, while schedule V drugs may have some potential for abuse and addiction, but may also be regularly prescribed to patients by doctors.

In the state of Wisconsin, assault and battery offenses are taken very seriously. Depending on the circumstances of an alleged offense, an individual may face misdemeanor or felony charges. Felonies carry more severe consequences, including longer prison sentences and higher fines.

If you are facing assault and battery charges in Wisconsin, it is crucial to understand when these offenses can lead to felony charges. This knowledge can help you make informed decisions regarding your case. By seeking legal representation from an experienced criminal defense attorney, you can determine your best options for defending against a conviction.

Defining Assault and Battery

Before diving into the specifics of felony charges, it is important to understand what the terms "assault" and "battery" refer to. Assault generally involves actions that cause someone to reasonably fear they will experience imminent bodily harm or death. Battery, on the other hand, involves intentional physical contact that causes bodily harm or injury.

A prenuptial agreement, also known as a “prenup” or a marital property agreement, is a legal contract that a couple agrees to before they get married. This type of agreement may address the division of assets and debts or other financial matters in the event of a divorce or separation. While prenuptial agreements are not romantic topics to discuss, they can provide clarity and protection for both parties if their relationship breaks down in the future.

Property Division

One of the main purposes of a prenuptial agreement is to address the division of property in the event of a divorce or the death of either spouse. Wisconsin is a community property state, which means that any property acquired during the marriage is generally considered marital property and is subject to equal division between the spouses. However, a prenup can override this default rule and allow the couple to address issues related to their property in advance of a divorce or separation.

A marital property agreement can specify which assets will be considered separate property and which will be considered marital property. Separate property typically includes assets owned by one spouse before the marriage, as well as inheritances, gifts, and personal injury settlements. By clearly detailing what assets are classified as separate property, a prenup can help protect these assets from being divided in the event of a divorce.

There are a variety of situations where disputes about insurance coverage may arise, including cases involving injuries that occurred because of a person's actions. In these situations, insurance companies may deny claims for numerous reasons, claiming that exceptions to coverage apply or that injuries were not accidental. This can put people in a difficult situation as they seek compensation in personal injury cases or similar matters, and they may need to take legal action to fight against the denial of claims. Fortunately for people in these types of cases, the Wisconsin Supreme Court has ruled that cases involving reckless conduct may not necessarily be excluded from insurance coverage.

Dostal v. Strand

In a recent case, the Wisconsin Supreme Court considered the denial of an insurance claim made by a woman based on the wrongful death of her child. The woman had left the three-month-old child in the care of its father. While he was providing care, he dropped the child on the floor, resulting in a skull fracture. Rather than contacting emergency services, he put the child to bed. The child later died from the injuries suffered in the fall, and the father was convicted of second-degree reckless homicide.

The mother brought a wrongful death lawsuit against the father, seeking compensation for loss of society and companionship, as well as other damages. While the mother believed the incident should have been covered by the father's homeowner's insurance policy, his insurer, State Farm, claimed that the incident was not covered under the policy. State Farm claimed that because the father was convicted of reckless homicide, the incident was not considered an accident and was not covered under the policy. In addition, State Farm claimed that even if the incident was considered an accident, a "resident relative" exclusion applied because the victim was the man's child, and an "intentional acts" exclusion applied because the criminal conviction showed that he engaged in behavior that created a substantial risk of injury.

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.

The Role of Litigation in Construction Disputes

Litigation plays a crucial role in resolving construction disputes by providing a formal process for parties to present their case before a judge or jury. It allows each party to present evidence supporting their claims or defenses. With the proper legal representation, parties involved in construction litigation can take steps to ensure that all issues will be addressed correctly, and an attorney can advocate for a fair outcome that will protect their client’s financial interests.

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.

The town's Transportation Utility Fee was imposed in addition to the property taxes the town collected. While property taxes are based on the value of a property, the TUF was based on the usage of the town's roads that a property was estimated to generate. The annual fee ranged from around $300 for most residential homes to $8,000 for certain commercial properties.

By Attorney Jason Luczak

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.

Understanding Money Laundering

Money laundering typically involves taking actions to conceal the source of money generated through criminal activity. Specifically, Wis. Stat. § 943.895 states that a person may be charged with money laundering if they receive money or anything else of value that they knew was acquired illegally, facilitate financial transactions that are meant to conceal the source of money, or otherwise receive, transfer, or conceal money that will be used to further criminal activity.

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.

The effects of marijuana on driving ability include impaired coordination, slowed reaction time, distorted perception of time and distance, and decreased concentration. These impairments significantly increase the risk of accidents on the road.

By Attorney Jaclyn Kallie

In Wisconsin, there are a variety of state and federal laws in place to ensure that people with disabilities do not face discrimination in the workplace. Employers have a responsibility to provide equal opportunities for people with disabilities, and employees should make sure they know their legal rights and understand the resources available to protect them against discrimination. With the help of an employment law attorney, employers and employees can make sure discrimination issues are addressed correctly.

Understanding Disability Discrimination

First, it is important to understand how a disability is defined in the context of employment discrimination. Under the Americans with Disabilities Act (ADA), a disability is a physical or mental condition that places significant limits on a major life activity, such as a person's ability to walk, talk, see, hear, learn, or use different parts of their body. A person may be considered disabled if they have a history of disability, if they have medical records or other documentation of disabilities, or are perceived to have a qualifying impairment. To be considered disabled, the limitation does not need to be permanent or long-term. A person is considered temporarily disabled if their disability lasts or is expected to last more than six months.