Blog
Collections Fraud
Attorney Dan Lenz announces that the Wisconsin Department of Financial Institutions sent out a press release on the growing problem of collections fraud, specifically collectors or persons acting as collectors making phone calls to attempt to collect a debt that may never have existed, or may have already been paid. This blog post includes a link to the release, which describes certain predatory practices and what consumers can do about them.
The War on Democracy
The ballot box and the courthouse are two pillars of democracy that have long defined American democracy. We have embraced the notion of one person one vote, and the ability to have our disagreements resolved by a jury of our peers. These ideals have come under attack in Wisconsin this year and the result is bad for democracy. Attorney Dixon Gahnz discusses recent laws that limit democracy and people's rights.
Is Our Civil Justice System Under Attack?
The movie, Hot Coffee, shows how big business protects profits by convincing Americans to give up their rights. Stella Liebeck was vilified for taking on McDonald’s. Colin Gourley fought damage caps all the way to the Nebraska Supreme Court. Justice Oliver Diaz nearly lost his own freedom trying to protect the judiciary. And Jamie Leigh Jones battled six years to overcome a forced arbitration clause in her employment contract. Hot Coffee brings each of their stories vividly to life while masterfully showing Americans that when they need their legal rights the most, they, too, might discover it’s too late.
Special Session Launches New Attacks on Consumer Rights
We need more jobs in Wisconsin. If Gov. Walker’s Special Session was just about jobs, we wouldn’t be writing you today. However, three of the bills buried in the Special Session “fine print” have nothing whatsoever to do with jobs and in fact slam the courthouse doors shut for thousands of Wisconsin citizens. Let’s take a closer look: (Note: Bills move quickly through a Special Session and may be amended at any time. This information focuses on the original bills and their impact on you, your family and your friends.)
Teen Driving 101: What You Should Know Before Tires Touch the Pavement
Teen Driving - Top Priority List for Safety, Insurance, Affordability
New Bill Introduced Regarding Wisconsin's Arrest and Conviction Discrimination Laws
On September 29, 2011, Representative Joel Kleffish, R-Oconomowoc, introduced a bill that, if passed, would radically change Wisconsin's laws regarding arrest and conviction discrimination. Levi Bjork highlights key features of the current law then discusses the impact of the changes to the bill that has been introduced.
What to Do When You Are Asked to Sign a Severance Agreement
Attorney Dan Lenz discusses the fact that businesses are still downsizing and often offer employees severance agreements. He informs how these agreements often include a requirement to waive your right to pursue a discrimination complaint. It is important to discuss your rights with an attorney before signing a severance agreement.
Wills and Estate Planning
This blog is the first in a series of blog posts regarding estate planning. An estate plan is a comprehensive plan that provides for the distribution of property at your death. An estate plan can also provide a plan on how to handle health care and financial decisions if you are incapacitated and who should make these decisions. A will can be the main dispositive document in an estate plan or the one component in the plan. A will allows individuals to determine how their property will be distributed at the time of their death.
Employment Discrimination - Arrest and Conviction Record
This blog post is the first in a series of posts that I intend to write detailing different forms of employment discrimination. I begin with one of the more misunderstood forms of employment discrimination in Wisconsin, arrest and conviction record discrimination. Because of the complex nature of this area of the law, not every aspect of the law is covered, nor is every conceivable instance of discrimination. If you are unsure of a potential instance of discrimination, or feel that you have been discriminated against, feel free to contact us at (608) 282-6200.
Social Security: A Brief History
With the recent round of budget negotiations capturing headlines, Social Security, a huge and important federal program and source of necessary income to many is back in the news. In several posts over the coming weeks, I hope to explain a little bit about specific parts of the program, including what benefits are involved and who can receive those benefits.
Freedom To Contract Is A Constitutional Right…Even For Trial Lawyers
Trial lawyers have long been a target of interest groups bent on protecting business. The attacks are usually cloaked as tort reform, which is code for depriving citizens of their constitutional rights to a trial. The latest attack is on the most basic of protections; the freedom to enter into a private contract.
Per Diem, the Golden Rule and Sunshine…
What do these three terms have to do with each other and more importantly, you if you have been injured by someone else’s negligence? In Wisconsin, a lot.
New Insurance Law is Bad for Consumers and Drivers
On Tuesday, April 12, Governor Walker signed legislation that got rid of earlier increases in mandatory auto insurance coverage. This bill, dubbed “Truth in Automobile Insurance,” which sounds dry compared to the controversy in Wisconsin over the past few months, could have huge impacts on drivers and families who are involved in car accidents.
Damage Caps Violate Your Constitutional Right To A Trial By Jury
The state and federal constitutions guarantee citizens of Wisconsin the right to a civil trial by jury. Yet, the so-called tort reformers want to limit your rights under the constitution. These attacks come in many forms such as making it more difficult to file a lawsuit, adding protections for corporate defendants, and damage caps.
Wisconsin’s Texting Law Not Enough
Wisconsin passed a law that prohibits texting while driving. The law prohibits sending or composing text messages while driving, but not reading them. The law imposes as modest fine for a violation of the law. The fine may be as low as $20.00. One would think the legislature could do better than that for an activity that is more dangerous than driving drunk. Under the new law, a person can read all the text messages they want, and if they get caught texting, they get fined the cost of a movie and popcorn. The governor has indicated he is excited about the law and will sign it.
Protecting the Privacy of an Injured Person
The question my clients ask me most is “Why does the insurance company get to look at my medical records from 15 years ago?” The answers I gave were always unsatisfactory to me, and rested largely with the idea that discovery is wide open and the insurance companies get to dig around in the medical records to see if there is another explanation for the injury.
A Practical Demonstration of the Dangers of Texting and Driving
I have written several times about the dangers of texting and driving. The studies clearly demonstrate that a person is more distracted when they text and drive. They have more difficulty staying in their lane of travel. They are more likely to rear-end a car slowing in traffic, and are less likely to see children entering the road.
Choosing a Lawyer After You’ve Been Hurt
If you have been injured, one of the most important decisions you will face is who to hire as a lawyer. Your future may depend on the decision you make, and certainly thousands of dollars are at stake. Spending some time researching and choosing an injury lawyer at the outset is time well spent.
Discretionary Duty and Municipal Liability
The time has come to re-examine the principles underlying the immunity afforded municipalities for the torts of their employees. As a preliminary matter, we are not talking about huge verdicts or settlements against villages or cities. The statutes provide a $50,000 cap, no matter how badly the person is injured.
Leveling the Playing Field in Injury Cases
If you have been hurt in an accident there are many things you are worried about. You are worried about your medical bills, your job, and how you are going to pay your household expenses while you are off work. The insurance companies know you are worried, and they know that the more pressure you are under the more likely you are to settle your case before you know the extent of your injuries.
