Archives: Civil Procedure

On March 1, 2018, Loeb & Herman will debut Wisconsin Family Law Case Finder, a subscription based legal research service specifically designed for family law attorneys.

There is absolutely no question that the clerk is simply wrong. She swore an oath to obey the law – not just those laws she agrees with.

The issue of confidentiality pits the interests of the parties who would like to keep their affairs private from the public interest in the openness of our legal system. My preference is for the former however, it is nice to have a legal system which is open and public.

Where is the line between a spouse having a degenerative disease but still being able to consent – or not?

So while people can be angry at lawyers for a number of things (see my posts of lawyer discipline), state statutes are not in that category. There will be a record low number of lawyers in the new legislature.

Should his parents have power of attorney to use his frozen sperm? It appears that there is no legal obstacle to using the frozen sperm.

Too often, white collar criminals get off with probation and restitution under the theory that if they go to jail, the victims will not be recompensed.

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.

Wisconsin had long adhered to the “relevance” test for expert testimony: Whether the evidence would likely assist the finder of fact. As recently as a year ago, the Wisconsin Supreme Court refused to adopt Daubert. Never shy, the Wisconsin Legislature has decided it knows evidentiary law better than the Wisconsin Supreme Court.

While not directly addressing the issue of continuing contempt, a recent decision by the Wisconsin Court of Appeals does recognize the goal of making the victim whole and provides authority for trial courts to do so.