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Voted the Chairman-Elect of Civil Rights and Liberties Section

Sep 11, 2012 Comments Off on Voted the Chairman-Elect of Civil Rights and Liberties Section bernardo

As reported in news outlets I have been voted in as the chairman-elect of the State Bar’s Civil Rights and Liberties Section.  As part of my duties I will work …

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Wisconsin Misrepresentation Types

Aug 25, 2012 Comments Off on Wisconsin Misrepresentation Types bernardo

Wisconsin has three misrepresentation: intentional misrepresentation; strict responsibility; negligent misrepresentation.  Ollerman v. O’Rourke Co., 94 Wis. 2d 17, 24, 288 N.W.2d 95 (1980). These have different elements to prove.  The …

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From Fehr Law Office in Onalaska to WISLawyer LLC in La Crosse

Aug 13, 2012 Comments Off on From Fehr Law Office in Onalaska to WISLawyer LLC in La Crosse bernardo

I have started to make the transition over to my own law office, which will open in September.  Fehr Law Office has been a great experience but it is time …

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What happens when two laws conflict?

Aug 10, 2012 Comments Off on What happens when two laws conflict? bernardo

The first thing to note is that if a judge can interpret two laws so that they do not conflict, then that is preferred.  Racine Unified Sch. Dist. v. LIRC, …

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How to Collect from a Judgment (Wis. Stat. § 816.03)

Jun 17, 2012 Comments Off on How to Collect from a Judgment (Wis. Stat. § 816.03) bernardo

A supplemental proceeding can be a really useful tool in the hands of a right attorney.  Someone at home could potentially set one up and do it properly, but it …

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Incivility Among Attorneys

Jun 6, 2012 Comments Off on Incivility Among Attorneys bernardo

“Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing between clients, it should not be allowed to influence counsel in their conduct and demeanor toward each other …

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Vicarious Liability for the Government v. Corporations

May 26, 2012 Comments Off on Vicarious Liability for the Government v. Corporations bernardo

Reading white collar crime cases are very interesting.  A corporation, as the current law holds, can be held vicariously liable for the acts of its managers and employees.  See United States …

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Subpoenas Wis. Stat. Section 885.11

Apr 30, 2012 Comments Off on Subpoenas Wis. Stat. Section 885.11 bernardo

When someone gets a subpoena in the mail they usually wonder what happens if I don’t show up? Statute 885.11 spells that out pretty clearly: (1) A person failing to …

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Religious or not? A lesson from Hosanna-Tabor Case

Apr 13, 2012 Comments Off on Religious or not? A lesson from Hosanna-Tabor Case bernardo

I have had clients that come in and ask whether or not to keep something religious.  That is a personal choice.  However, the First Amendment protects religious beliefs and speech.  …

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704.95 Landlord Tenant law Changes may Affect Commercial Leases

Apr 13, 2012 Comments Off on 704.95 Landlord Tenant law Changes may Affect Commercial Leases bernardo

The new Wis. Stat. s. 704.95 is very broad in its application.  It states that any violation of its statutes (as opposed to the administrative code, which is only for …

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