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Robert S. Duxstad
Daniel P. Bestul
Lance A. McNaughton

ANATOMY OF A PERSONAL INJURY CASE, PART TWO: A brief guide for someone who is injured by another party

Posted: 8.14.2018

People are injured every day in accidents, frequently through no fault of their own. What should those persons expect if they decide to pursue a personal injury claim.This article will address what you might expect after a lawsuit is filed through the date the trial begins. THE DISCOVERY STAGE: Once a lawsuit is filed, the parties begin what is commonly referred to as “Dis  ...Read More

Insuring Against Pollution – The Wisconsin Supreme Court Muddies the Water

Posted: 6.17.2015

Two recent Wisconsin Supreme Court decisions have me scratching my head as to when a pollution exclusion might preclude liability coverage for farmers and other business owners. The Supreme Court seems to have a hard time defining “pollution”. When it comes to routine agricultural activities. In Preisler v. General Casualty Insurance Co. 2014 WL 7373070, the Court found that an insurer of a septic   ...Read More

“The Judge” Teaches the Importance of Local Counsel

Posted: 11.12.2014

Recently my wife and I watched the movie, The Judge, starring Robert Downey, Jr., and Robert Duvall. In the movie, Duvall is a local judge in a rural Indiana County, very similar to Green or Lafayette County. Downey plays his estranged son who had left home and became a big city defense lawyer. The judge is accused of being in a hit and run accident with a drunk person riding a bicycle at night cau  ...Read More

Important Requirements Affecting Contractors and Homeowners

Posted: 9.25.2013

The "Right to Cure" Act of 2005 requires contractors to provide certain information to owners when constructing a new dwelling or when remodeling an existing home. The contractor must deliver to the owner a brochure from the Department of Safety & Professional Services that explains how a dispute over a construction defect is to be handled. This brochure can be found online at dsps.wi.gov (http://ds  ...Read More

The Good Client: Helping Your Lawyer Help You

Posted: 7.31.2013

There are plenty of books, articles and TV ads giving advice on how to find the “right” lawyer for your needs. While many of these are helpful, many leave out one important piece of the puzzle – your job as a client. Working with an attorney is a genuine relationship, requiring mutual trust, understanding and cooperation. While plenty of folks have tried to define what makes a “good lawye  ...Read More

Don't Expect the Courts to Fix Everything

Posted: 2.03.2013

Most people think of the court as the place where you go to get the “right” result. But as the parties learned in a Wisconsin Court of Appeals case, Dustardy H. v. Bethany H. (decided December 21, 2010), sometimes the courts will refuse to fix things that are clearly wrong. This is especially true if the person complaining about things helped create the problem to begin with. Background   ...Read More

Good Boundaries Make Good Neighbors

Posted: 2.02.2013

The old saying goes “Good fences make good neighbors.” This is especially true when the issue is a dispute over a boundary line, as the property owners in Boerst v. Opperman (decided February 3, 2011, by the Wisconsin Supreme Court) found out. “Survey says . . . “ While the Ashland County case was decided in the 21st century, it’s roots go back to the 1800’s. After a survey was completed in  ...Read More

What You Should Know About Attorney Fees

Posted: 2.01.2013

To many people who need legal help, attorney fees are a mystery. The lack of information may mean he or she puts off calling an attorney; this can cause unneeded additional expense, or even losing out entirely on the chance to solve the problem and get peace of mind. This post gives a brief overview of how we charge for our services, and gives some guidance for anyone looking for help with a legal issue  ...Read More

Why Don't Lawyers Talk Like Normal People?

Posted: 1.20.2013

Road reading may be hazardous to your diet Traffic was heavy as I was rolling down the expressway. The billboard barely registered on my consciousness: a splash of tan against a yellow background, with six words of text. At 65 miles an hour, only the words registered: Love People Cook Them Tasty Food For reasons that still baffle me, some primitive part of my brain struggled t  ...Read More