When a public or private entity receives notice of an actual or potential claim or lawsuit, one of the first steps it should take is to implement a litigation hold. In general terms, a litigation hold is a directive to preserve documents, including electronically stored information, and other tangible items that may be relevant to…
In addition to restrictions contained in municipal zoning regulations, landowners, including developers, sometimes place restrictions on the manner in which real property may be used or improved for future owners of the real property. These restrictions, called “restrictive covenants,” often become relevant when an individual or entity is considering purchasing or selling the property to…
At a time when technology and social media use among students is pervasive, school districts are often faced with issues regarding the contours of regulating off-campus student speech. To date, the United States Supreme Court has not directly ruled on the limits of school districts’ authority to impose discipline for student speech that occurs outside…
With public school districts closed for purposes of in-person pupil instruction and extra-curricular activities for the remainder of the school year, many school districts are considering moving up construction and building maintenance projects that were previously scheduled to commence in the summer. In addition, some school districts had already commenced construction and building maintenance projects…
Public and private sector entities with pending court litigation or pending discrimination complaints/charges are questioning how COVID-19 will impact their cases. Initially, the Wisconsin circuit courts determined how to address COVID-19 concerns at the circuit court level. This led to inconsistent practices among circuit courts. On March 22, 2020, the Wisconsin Supreme Court issued several…
The United States Court of Appeals for the Seventh Circuit, whose jurisdiction includes Wisconsin, recently issued a decision in a case involving an employee’s claims of retaliation by her public employer under Title VII. Robertson v. Dep’t of Health Servs., 949 F.3d 371 (7th Cir. 2020). The employee claimed that she was denied a promotion despite…
The 7th Circuit Court of Appeals recently upheld a jury verdict that a school district violated the federal Family and Medical Leave Act (FMLA) by interfering with an employee’s right to take job-protected leave. Valdivia v. Twp. High Sch. Dist. 214, 942 F.3d 395 (7th Cir. 2019). A critical issue in the case was whether the…