Wisconsin Case Commentaries

Revocation as the Baseline Sanction for Prolonged Domestic-Abuse Stalking Under SCR 20:8.4(b)—Even on No-Appeal Review

Date: Apr 17, 2026

Revocation as the Baseline Sanction for Prolonged Domestic-Abuse Stalking Under SCR 20:8.4(b)—Even on No-Appeal Review 1. Introduction Office of Lawyer Regulation v. Osman A. Mirza (2026 WI 13) is a...

Wisconsin Safe-Place Liability Survives Tatera; Punitive-Damages Cap Turns on Compensatory Damages Recoverable in the Judgment

Date: Apr 17, 2026

Wisconsin Safe-Place Liability Survives Tatera; Punitive-Damages Cap Turns on Compensatory Damages Recoverable in the Judgment Case: Estate of Carol Lorbiecki v. Pabst Brewing Company, 2026 WI 12...

Revocation for Domestic-Abuse Stalking as “Fitness” Misconduct Under SCR 20:8.4(b): In re Disciplinary Proceedings Against Mirza (2026 WI 13)

Date: Apr 17, 2026

Revocation for Domestic-Abuse Stalking as “Fitness” Misconduct Under SCR 20:8.4(b): In re Disciplinary Proceedings Against Mirza (2026 WI 13) 1. Introduction Case: Office of Lawyer Regulation v....

Abrogated Claim, No Jury Right: Wisconsin Upholds COVID-Era Health Care Immunity Under Article XIV, Section 13

Date: Apr 16, 2026

Abrogated Claim, No Jury Right: Wisconsin Upholds COVID-Era Health Care Immunity Under Article XIV, Section 13 Case: Savannah Wren v. Columbia St. Mary's Hospital Milwaukee, Inc. Court: Supreme Court...

Schoolhouse Miranda Custody: Police-Dominated Interrogations of Minors at School Require Warnings, Though Admission May Be Harmless

Date: Mar 28, 2026

Schoolhouse Miranda Custody: Police-Dominated Interrogations of Minors at School Require Warnings, Though Admission May Be Harmless Introduction In State v. K.R.C., 2026 WI 10, the Supreme Court of...

Consensual License Revocation Is Appropriate for Large-Scale Client-Fund Conversion and Tribunal/Client Deceit, Even After Repayment

Date: Mar 21, 2026

Consensual License Revocation Is Appropriate for Large-Scale Client-Fund Conversion and Tribunal/Client Deceit, Even After Repayment 1. Introduction In Office of Lawyer Regulation v. Guy K. Fish...

Consensual Revocation Is the Presumptive Discipline for Large-Scale Client-Fund Conversion Despite Restitution and No Prior Discipline

Date: Mar 21, 2026

Consensual Revocation Is the Presumptive Discipline for Large-Scale Client-Fund Conversion Despite Restitution and No Prior Discipline 1. Introduction Office of Lawyer Regulation v. Guy K. Fish (2026...

WCA § 426.110(4)(c) Bars Damages Class Actions Upon an “Appropriate Remedy” Offered to the Named Plaintiff (Not the Putative Class)

Date: Mar 7, 2026

WCA § 426.110(4)(c) Bars Damages Class Actions Upon an “Appropriate Remedy” Offered to the Named Plaintiff (Not the Putative Class) 1) Introduction In Heather Gudex v. Franklin Collection Service,...

Domestic-Violence Misdemeanor Convictions Are Professional Misconduct, but Extraordinary Rehabilitation and OLR Delay May Justify a Public Reprimand (Office of Lawyer Regulation v. Doherty)

Date: Mar 6, 2026

Domestic-Violence Misdemeanor Convictions Are Professional Misconduct, but Extraordinary Rehabilitation and OLR Delay May Justify a Public Reprimand Office of Lawyer Regulation v. Ryan V. Doherty...

State v. J.D.B. (2026 WI 5): Appellate Review of Sell Factors—De Novo for Governmental Interest; Clear Error for Factors 2–4; No Mandatory “Green” Checklist

Date: Feb 27, 2026

State v. J.D.B. (2026 WI 5): Appellate Review of Sell Factors—De Novo for Governmental Interest; Clear Error for Factors 2–4; No Mandatory “Green” Checklist I. Introduction Parties and posture. The...

State v. J.D.B. (2026 WI 5): Appellate Review Framework for Sell Orders—Factor One De Novo; Factors Two–Four Clearly Erroneous; Green Checklist Rejected

Date: Feb 27, 2026

State v. J.D.B. (2026 WI 5): Appellate Review Framework for Sell Orders—Factor One De Novo; Factors Two–Four Clearly Erroneous; Green Checklist Rejected I. Introduction Case: State v. J.D.B., 2026 WI...

Wisconsin Clarifies the “Instrument or Agent” Test: ESP CSAM Scanning Remains a Private Search Under a Totality-of-the-Circumstances Analysis

Date: Feb 27, 2026

Wisconsin Clarifies the “Instrument or Agent” Test: ESP CSAM Scanning Remains a Private Search Under a Totality-of-the-Circumstances Analysis Introduction State v. Andreas W. Rauch Sharak (2026 WI 4)...

ESPs Remain Private Actors When Scanning for CSAM; Payano-Roman Factors Are Non-Dispositive Under a Totality Test

Date: Feb 26, 2026

ESPs Remain Private Actors When Scanning for CSAM; Payano-Roman Factors Are Non-Dispositive Under a Totality Test I. Introduction In State v. Andreas W. Rauch Sharak (2026 WI 4), the Wisconsin...

Wisconsin Adopts Virtual-Certainty Private-Search Rule for Hash-Flagged CSAM Files

Date: Jan 17, 2026

Wisconsin Adopts Virtual-Certainty Private-Search Rule for Hash-Flagged CSAM Files Introduction State v. Michael Joseph Gasper (2026 WI 3) presented the Wisconsin Supreme Court with a recurring...

Hash-Scan Private Search Doctrine: Government Viewing of a PhotoDNA-Flagged CSAM File Does Not Exceed the Private Search

Date: Jan 17, 2026

Hash-Scan Private Search Doctrine: Government Viewing of a PhotoDNA-Flagged CSAM File Does Not Exceed the Private Search Case: State v. Michael Joseph Gasper, 2026 WI 3 (Wis. Jan. 14, 2026) Court:...

Prolonged Probate Neglect Violates SCR 20:1.3, but Mitigation May Support Public Reprimand (and Full Costs Absent “Exceptional Circumstances”)

Date: Jan 11, 2026

Prolonged Probate Neglect Violates SCR 20:1.3, but Mitigation May Support Public Reprimand (and Full Costs Absent “Exceptional Circumstances”) 1. Introduction Office of Lawyer Regulation v. Bryant H....

Public Reprimand for Prolonged Probate Neglect Under SCR 20:1.3; Full Costs Required Absent Exceptional Circumstances

Date: Jan 11, 2026

Public Reprimand for Prolonged Probate Neglect Under SCR 20:1.3; Full Costs Required Absent Exceptional Circumstances Introduction Office of Lawyer Regulation v. Bryant H. Klos (2026 WI 1) is a...

Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Gableman and the Limits of “Appearance of Bias” in Wisconsin

Date: Dec 6, 2025

Campaign Criticism and Judicial Recusal: Office of Lawyer Regulation v. Michael J. Gableman and the Limits of “Appearance of Bias” in Wisconsin I. Introduction This commentary analyzes the December...

Broadening “Apportionment” in Wisconsin: Three‑Judge Panels for All Congressional and Legislative Redistricting Challenges After Bothfeld v. WEC

Date: Nov 30, 2025

Broadening “Apportionment” in Wisconsin: Three‑Judge Panels for All Congressional and Legislative Redistricting Challenges After Bothfeld v. Wisconsin Elections Commission I. Introduction The...

Broad Construction of “Apportionment” and Mandatory Three‑Judge Panels in Wisconsin Redistricting Challenges: Commentary on Wisconsin Business Leaders for Democracy v. WEC

Date: Nov 30, 2025

Broad Construction of “Apportionment” and Mandatory Three‑Judge Panels in Wisconsin Redistricting Challenges Commentary on Wisconsin Business Leaders for Democracy v. Wisconsin Elections Commission,...