Tracy L. Coenen Would you recognize the clues that your client has been ripped off by one of its employees? Or would management conduct business as usual, blindly trusting their employees? Companies make the mistake of not actively searching for ...
Read More »Failure to increase marital estate differs from dissipation of assets
Gregg Herman Under Wisconsin divorce law, the value of property is normally determined as of the date of the divorce. As a result, there is little incentive to increase the value of the marital estate that a party will have ...
Read More »Are parenting plans conducive to the best interest of the child?
You snooze, you lose. Gregg Herman This was the effect of Wisconsin's child custody and placement statute, until a recent Wisconsin Court of Appeals decision, Guelig v. Guelig, No. 2005AP346 FT (Aug. 31, 2005) (recommended for publication) considered the ramifications ...
Read More »Are parenting plans conducive to the best interest of the child?
You snooze, you lose. Gregg Herman This was the effect of Wisconsin's child custody and placement statute, until a recent Wisconsin Court of Appeals decision, Guelig v. Guelig, No. 2005AP346 FT (Aug. 31, 2005) (recommended for publication) considered the ramifications ...
Read More »No placement of children by default
Gregg Herman Can placement of minor children be decided by default? Even though the Legislature said "yes," the Wisconsin Court of Appeals said "no" in a recent case. Specifically, the issue involves the failure of a parent to file a ...
Read More »Fee opinion recommended for pub
Gregg Herman Thanks to action by the Family Law Section of the State Bar of Wisconsin, the issue of whether an attorney is entitled to a judgment for attorney fees from a client under Wis. Stat. §767.23(3)(a) when the attorney ...
Read More »Appellate court upholds life insurance coverage
Part II Gregg Herman If the much-publicized case of Terri Schiavo wasn't enough to make you reconsider the importance of good estate planning, a recent Wisconsin Court of Appeals case re-emphasizes that point. This is the second of two articles ...
Read More »Appellate court addresses support issue in Vlies
Part I Gregg Herman One gray area of family law was recently made black-and-white by a recent Wisconsin Court of Appeals decision. Another area, however, may have been made a shade grayer. This is the first of two articles discussing ...
Read More »Father seeks ‘virtual visitation’ with daughter
Gregg Herman After Michael Gough's divorce in Utah, he found himself living 1,000 miles away from his four-year-old daughter. Not satisfied with simple telephone calls in between physical visitations, he sought a court order allowing "virtual visitation" through electronic communication. ...
Read More »Failure to enforce domestic abuse restraining order does not state a constitutional claim
Scott Lewis In De Shaney v. Winnebago County Department of Social Services, 489 U. S. 189 (1989), the U. S. Supreme Court held that the State did not have a constitutional duty — absent a special relationship — to protect ...
Read More »Father seeks ‘virtual visitation’ with daughter
Gregg Herman After Michael Gough's divorce in Utah, he found himself living 1,000 miles away from his four-year-old daughter. Not satisfied with simple telephone calls in between physical visitations, he sought a court order allowing "virtual visitation" through electronic communication. ...
Read More »Supreme Court will review conflicting custody elements
Gregg Herman On June 1, the Wisconsin Supreme Court granted the petition for review of the unpublished Court of Appeals District IV opinion in Landwehr v. Landwehr, No. 2003AP2555 (Wis. Ct. App. Jan. 27, 2005) (per curiam) (unpublished). This is ...
Read More »Application of Chen to other cases troubling
Gregg Herman The Wisconsin Supreme Court recently issued its opinion in Chen v. Warner, 2005 WI 55 (May 6, 2005), affirming the circuit court's conclusion that a physician mother's post-judgment decision to quit her employment to stay home with the ...
Read More »Bill encourages resolution of placement disputes
Gregg Herman Settling placement issues in a divorce case can be difficult enough, but two Wisconsin Court of Appeals cases have had the unfortunate effect of making settlement more difficult. Now, legislation has been introduced to reverse the effects of ...
Read More »Potential Derr v. Derr problem
Don't worry — this column hasn't gone soft. Gregg Herman In my March 30 column, I praised the Wisconsin District IV Court of Appeals for its opinion in Derr v. Derr, No. 03-2181 (Wis. Ct. App. Mar. 17, 2005) (recommended ...
Read More »Derr decision helps ‘cut through the haze’
Gregg Herman This column has criticized appellate courts from time-to-time for inconsistency in their use of language. Recently, the District IV Court of Appeals used their opinion in Derr v. Derr, No. 03-2181 (Wis. Ct. App. Mar. 17, 2005) (recommended ...
Read More »Derr decision helps ‘cut through the haze’
Gregg Herman This column has criticized appellate courts from time-to-time for inconsistency in their use of language. Recently, the District IV Court of Appeals used their opinion in Derr v. Derr, No. 03-2181 (Wis. Ct. App. Mar. 17, 2005) (recommended ...
Read More »Decision addresses child support arrears
Gregg Herman Any confusion about Wisconsin law regarding credits for child support arrears might have (finally) been put to rest, thanks to a recent Wisconsin Supreme Court decision. In In re the Paternity of John R. B., 2005 WI 6, ...
Read More »Arrest reasonable when probable cause exists as to any charge
Scott Lewis Here's a strange tale for law enforcement officers. However, the moral of the story, decided by the United States Supreme Court on Dec. 13, is that as long as a police officer has probable cause to arrest for ...
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