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I’m so sorry this happened to you.

It is slander, but, even more importantly, it’s defamation. Under defamation, there must be a publication (statement to a 3d party) of a false statement that causes damage to your reputation (as is clear here), with resulting damages – which are presumed if it hurts your business reputation, and are clear if you lose your job.  To a lesser extent, there would also be damages for the slander.  If you send me an email, I can assist you in the matter.

Verbal contracts in Wisconsin are typically enforceable. If the man asked you to do a job for X, and you agreed by performing the job, that is a contract. It’s an verbal contract – rather than written. If you performed per the agreed upon terms, now he must also. Just because someone else quoted something different, does not change his obligations under the verbal contract.

There are exceptions to a verbal contract being enforceable. Those exceptions are barred by the “Statute of Frauds”. For example, in Wisconsin, The Statute of Frauds does bars a verbal contract when the payor reasonably believed that payee could not pay back within one year’s time, it is a contract to create an interest in real estate, it is a contract in contemplation of marriage, it is a contract for a sale of goods over $5000, or a contract made to answer for another’s debts. See Wis. St. § 241.02, 706.001. If none of those apply, the verbal contract is enforceable. Hence, this is not barred, and is fully enforceable.

Also, to any extent that you enriched the party by him not fully paying, you can ask for further damages under the theory of “unjust enrichment”. See  BILHARZ v. FIRST INTERSTATE BANK OF WISCONSIN, et al.,  98 F.3d 985 (1996).

Under Wisconsin Statutes Section 48.415(6), you could argue that her parents’ rights should be involuntarily terminated, because of failure to assume parental responsibility. This is tricky, but I could help.

Any adult may be adopted assuming he or she consents to the adoption. In order to do so, you must petition for adoption. If you need help, please email.

If they left placenta in you, causing damages, you can likely sue for medical malpractice. Because the malpractice occurred within the statutory time period (3 years in Wisconsin), you can sue for damages caused. I would be happy to initiate such an action on your behalf; please email for assistance in the matter.

I’m so sorry you’ve had to endure this. It’s a real shame.

Unfortunately, this is not an easy case. The difficulty here is proving that the injuries were CAUSED by the doctor’s improper evaluation, or prescription(s).  If you have strong evidence to prove this, or feel you can through expert testimony, you have a winnable case. You can email for assistance in this matter.

Exceptions to the Wisconsin marital property rule of 50/50 division include property received by gift or inheritance OR property acquired after legal separation. This appears to both (a) a gift and (b) received after legal separation.

That’s a great question.  If the intoxicated person, voluntarily became intoxicated, the answer depends on whether a court would find that s/he was mentally competent at the time s/he signed the agreement.  On the other hand, if s/he became intoxicated involuntarily (or not “by choice”), it is more likely that s/he will be excused from obligations existing under the contract.  This is not a simple case, and I would recommend that you hire a talented contracts attorney.  I can help you, if you send me an email with further details.

Yes, assuming you can prove who is spreading the rumor, it’s false, and it’s hurting your reputation. If so, please don’t hesitate to contact me for representation

If your misdiagnosis or treatment CAUSED the injury, there might be a sufficient malpractice claim to justify lawsuit. If not, it might not be worthwhile to proceed in the action. Please email if you need further assistance.

Great question! This real estate issue becomes significantly more complicated when the seller dies mid-transaction. That being the case, you could argue that the 10 day period to cure/repair was iron-clad. If so, upon expiration, the condition should fail. Based on that understanding of the facts, you can walk away free and clear. The counter-argument may be “extenuating circumstances”. However, given the nature of reliance by you -the buyer – it is quite likely that you could walk away from this deal, unscathed. Please email me at max@maxlivingstonlaw.com if you have further questions, or to setup a meeting in my office.

With respect to ruining your furniture, if it was mishandled, you could argue that you are owed its market value (under negligence and conversion theory).

Further, you could argue that the moving company committed fraud in attempting to conceal a defect in its work.

Well, that’s a good question.

For the most part, in a community property state like Wisconsin, property transfers 50/50. Exceptions include property received before marriage or property received by one spouse only as an inheritance or gift.

Hence, the inheritance, if to your spouse only, would be excluded as “separate property” of your husband. If you separately own a home, the question regarding that home is whether there were any payments from community property used toward that home. As to maintenance,  you were married for a long time (22 years). So, if he can afford to pay, and you require payment, it is highly likely you would receive maintenance and likely it would be permanent. Finally, if his retirement was earned during marriage, that should be subject to 50/50 distribution as well. Best regards. Email if you need further assistance in this matter.

In the state of Wisconsin, a notarial act upon a Wisconsin Real Estate Deed, by a notary from another state is sufficiently enforceable in the State of Wisconsin. That is, assuming the notary is any of the following:

“1. A notary public of that jurisdiction;2. A judge, clerk, or deputy clerk of a court of that jurisdiction; or3. Any other person…” so authorized.

This is spelled out in Wisconsin Statutes Section 706.07(4). Also, subpart (7) of 706.07 spells out appropriate certificates of notary, and (8) spells out appropriate short-form.

If you would like to discuss this quitclaim further, or make sure you have followed the code requirements, I welcome you to come in for a consultation.

Right, depending on the case it can either begin to accrue at the time of injury or later – when a reasonable person would have discovered the injury. For an action for medical malpractice (in Wisconsin), an action can be brought within EITHER (i) three years of the malpractice; (ii) one year of claimant’s discovery (based on reasonableness); or, (iii) within one year that claimant discovered foreign object was inserted into his or her body during the operation.

Great questions! Sometimes, Wisconsin Corporate Law can become complex; this is especially so when it comes to achieving status as a 501(c)(3) non-profit.

If there are no stocks/dividends, this may be possible. In Wisconsin, you would likely want to start by dissolving it and then re-incorporating with the Department of Financial Institutions as a Non-stock corporation. Then, you would need to file a 1023 with the IRS, typically including bylaws, a relevant conflict of interest policy, your articles of incorporation, and 1023 answers requiring a separate sheet. That is an elaborate filing which includes a wait-time of 4-6 months until the IRS will decide whether to approve your status.

If you do decide to go that route, it is highly recommended that you retain an Attorney to prepare the necessary documentation.

That’s a great question, and one of the many complicated issues that can arise in Wisconsin in family law cases.

To start, if he was a party to the communication, it may be permitted but only if “authorized”. If not, it is a felony unless he was acting “under the color of the law” (typically only if a police officer, or through police instruction).

If he was a party to the communication, it would initially seem under 968.28 to 968.34(c) of the Wisconsin Statutes, that such a private recording by a party to the communication is lawful. But, it being lawful is not the same thing as it being admissible. Under State v. Duchow, No. 2005AP2175-CR (Wis. App. 4/3/2007) (Wis. App., 2007), it must also be authorized by the court, and – if so – may only be used while giving testimony under oath. To receive such authorization, one must make an application for electronic surveilance to the circuit court, per Section 968.29(2). And, the Arnold Court found that to properly object, “to properly enforce the § 968.29 limitations… a writ of prohibition against admission of the intercepted conversations was required. Id., 51 Wis. 2d at 444.”

So, the answer is, in short, (a) it is clearly illegal and even felonious if he was not a party to the conversation or acting under the color or the law; (b) if he was a party to the communication, he must receive authorization to be able to admit the recording AND – if he receives such authorization – he only is allowed to admit such evidence while testifying under oath.

If you have any follow up questions or comments, I welcome you to ask away – as I am here to provide you with the best possible service.

Wisconsin Real Estate Law can get complex, and even when it isn’t, it is. It would seem that getting a contractor to sign a lien waiver after 60 days would be all that is needed, since the subcontractor’s rights expire after 60 days anyway.

The subcontractor can come after you for a bill paid to the contractor, even after 60 days. While his lien rights may have expired, since 60 days have passed, there are issues such as unjust enrichment which may still apply. And, without a lien waiver from both, either can assert lien rights for unpaid work. So, there is cause to worry. Hence, it is typically advisable to get a lien waiver from the subcontractor whether or not the contractor also will be providing a lien waiver.   For more, I welcome you to consult the following source: http://www.life123.com/career-money/real-estate…

And, if you would like to discuss with me personally, I encourage you to call me at 262-789-2741. Thank you.

I’m sorry that you have been forced to endure this unfair treatment. Luckily, the law is built to help those who’ve been abused as you have.

I agree with the two respondents. If you are denied time when hurt on the job, you can bring claim for worker’s compensation and under FMLA (for not being granted 12 weeks in the year to recover). Please email if you need assistance in this matter.

I wish you all the best.