Archives: Caselaw

The Marriage That Shouldn’t Be

Published: Friday, August 9th, 2013

I’m not sure that the recent Wisconsin Supreme Court decision in McLeod v. Mudlaff is bad law. But the case certainly seems to involve bizarre facts.

More on Schissel Decision

Published: Wednesday, July 31st, 2013

As reported earlier, in Rosecky vs. Schissel, 2013 WI 66, the Wisconsin Supreme Court upheld the ability of parties to stipulate to a parenting agreement in a surrogacy case, reversing the trial court which refused to honor the agreement. My article discussing the holding was just published in the Wisconsin Law Journal. Essentially, I have […]

Decision on Custody Agreement Leaves Large Gap

Published: Wednesday, July 31st, 2013

Apparently the Wisconsin Supreme Court does recognize, after all, the rights of people to privately agree on their own affairs.

Wisconsin Supreme Court Decides First Surrogacy Case

Published: Thursday, July 11th, 2013

The Wisconsin Supreme Court today released its decision in Rosecky v. Schissel, which is the first surrogacy case to be decided by an appellate court in this state.

Wisconsin Supreme Court’s “Decision” in Johnson

Published: Friday, July 5th, 2013

The Wisconsin Supreme Court has done some strange things over the years, but its “decision” (there is a reason I put quotation marks around that word) in State v. Johnson, 832 NW 2d 609, 2013 WI 59, 348 Wis. 2d 450 (WI Supreme Court, 2013), this week is really weird.

Federal Preemption in Divorce Cases

Published: Wednesday, June 5th, 2013

Does federal law preempt state law when the state revokes a life insurance policy designation upon divorce? SCOTUS says yes.

Contingent Custody and Placement Orders

Published: Thursday, May 30th, 2013

I’ve ranted in the past about the cases in Wisconsin which prohibit contingent custody/placement orders. A recent pro/con debate in the Wisconsin Journal of Family Law allows me to renew my rant.

Wisconsin Needs to Reconsider Placement Law

Published: Thursday, May 30th, 2013

It is time for Wisconsin to reconsider the law regarding contingent placement orders.

How Many Convictions Equal a Revocation?

Published: Wednesday, May 1st, 2013

How many criminal convictions does it take before the Supreme Court of Wisconsin will revoke someone’s law license?

Life Insurance and The U.S. Supreme Court

Published: Tuesday, April 23rd, 2013

It is rare that the U.S. Supreme Court rules on issues in family law, but one exception is for employment benefits. On Monday, the high court heard oral arguments in Hillman v. Maretta, Case No. 11-1221.  According to the court’s summary, the husband died before changing beneficiaries on a life insurance policy from his first […]