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Please Click HerePosted on July 17, 2017 by Ruder Ware Alumni
Without much fanfare, the Seventh Circuit Court of Appeals has upheld the Wisconsin Right-to-Work Law. The Right-to-Work Law passed in Wisconsin is similar to a law passed in Indiana and holds that a company may not enter into a labor agreement with a union representing company employees that requires the employees to join the union […]
Posted on July 13, 2017 by Ruder Ware Alumni
Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in an asbestos case in Pecher v. Owens-Illinois, Inc. 859 F.3d 396 (2017), which was decided on June 6, 2017. The case […]
Posted on July 11, 2017 by Ruder Ware Alumni
On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative conditions. The general circumstances presented in Flug are familiar. In that case, a forty-three year old retail […]
Posted on July 5, 2017 by Paul J. Mirr
We recently helped a client complete long-term tax-exempt bond financing of a portion of a mixed-use condominium. These projects raise interesting issues. Long story short, if you find yourself in a similar situation, you need to be very careful as to how you document costs and how you define each condominium element. Quick, simplified background: […]
Posted on June 29, 2017 by Ruder Ware Alumni
In a unanimous and much-anticipated decision released today, the Wisconsin Supreme Court ruled that a committee of school personnel formed to review materials for a high school course under a procedure set forth in school board rules is a “governmental body” subject to the Wisconsin Open Meetings Law. The case (Krueger v. Appleton Area School […]
Posted on June 28, 2017 by Ruder Ware Alumni
The health care market has recently seen a resurgence in narrow network products. To a significant degree, the resurgence of these products has been driven by the need for managed care plans looking for new avenues to help reduce the cost of care. Traditionally, health care plans have been able to manipulate risk through exclusion […]
Posted on June 27, 2017 by Ruder Ware Alumni
The Department of Health and Human Services (HHS) Office of Inspector General (OIG) has released a report summarizing activities of State Medicaid Fraud Control Units (MFCUs or Units) for fiscal year 2016. The OIG is the designated Federal agency for oversight of state MFCUs. The report found a total of 1,564 convictions of which approximately […]
Posted on June 21, 2017 by Ruder Ware Alumni
A federal court recently dealt a victory to a health care provider over whistleblower allegations that free parking and valet service at a medical office building violated the Stark Law and the Anti-Kickback Statute. In Bingham v. BayCare Health System (No. 8:14-cv-73, M.D. Fla.), a federal district judge adopted the report and recommendation of a […]
Posted on June 14, 2017 by Ruder Ware Alumni
Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company. The past Department of Labor issued various memos that indicated a crackdown on independent contractor […]
Posted on June 2, 2017 by Ruder Ware Alumni
An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate. This often leads to citizen complaints and even health and safety issues. When municipalities take enforcement action against such properties, they usually […]