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Wisconsin Questions & Answers
1 Answer | Asked in Employment Law and Contracts for Wisconsin on
Q: I signed a contract that states if I quit I can't work for another company similar to there's with so many miles.

Will this hold up in court?

John Michael Frick
John Michael Frick
answered on May 19, 2023

It depends on information which is not contained in your question. You can take the contract with the non-compete to an employment lawyer in or near the county where you want to work.

The FTC has proposed a rule that will make non-competes invalid across the United States when it goes into...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In Wisconsin, a neighbor is planting trees right along the property line. Can I trim what hangs over my property?
John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can trim the tree branches that overhang your property without destroying or killing the tree. You may have a legal duty to trim the branches that overhang your property if they pose a foreseeable risk of damage to a person or property (for example, if they overhang your driveway, they may... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Wisconsin on
Q: We're my rights violated under the Fair Credit Reporting Act (FCRA) and if so do I have any recourse?

I consented to a consumer report background check at my employer when up for promotion. An old active arrest warrant was discovered on the check. The employer did not notify me of the issue directly and instead contacted local law enforcement who then came looking for me. I do not believe the... Read more »

Bart Kaspero
Bart Kaspero
answered on Apr 3, 2023

The situation you have shared is very concerning and may very well be a violation of employment background check compliance (such as through the Fair Credit Reporting Act) as well as a number of related obligations imposed on employers who order criminal history information reports from third... Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Wisconsin on
Q: I am wondering if I can sell art that incorporates the name "Peep" and a very small fraction of a peep's shape.

The art says "Peep-a-Boo" and shows just the ears at the bottom of the image indicating it's about to come up or is hiding. I have another one that shows just the middle of a peep's face (two eyes but no ears or body) hiding in a cracked egg. Finally, I have one that shows a... Read more »

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

It is difficult to determine whether the use of "Peep" and a small fraction of a Peep's shape in your artwork would be considered a parody without more information about the context and purpose of your artwork. However, even if your artwork is intended as a parody, it is possible... Read more »

1 Answer | Asked in Consumer Law and Health Care Law for Wisconsin on
Q: can walgreens legally sell a skin cream lotion that contains enough thc to cause a positive drug test ? milwaukee wi
John Michael Frick
John Michael Frick
answered on Mar 21, 2023

Yes, Walgreens can sell skin lotion that contains THC.

It is widely believed that topical skin creams containing THC will not cause a positive drug test for many very good reasons but there is no definitive research on this issue.

People who are about to undergo a drug screen for...
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2 Answers | Asked in Bankruptcy and Contracts for Wisconsin on
Q: Should I get a lawyer involved?

Was roped into a 55,000 contract for solar panels because they made me sign for the paper copy of the contract. Didn't know I was signing the actual contract. Now they came to install solar panels did half the job and left. Ive been calling for over a month and just found out the company went... Read more »

J. David Krekeler
J. David Krekeler
answered on Mar 20, 2023

Almost certainly. You clearly have claims for breach of contract, but you might also have claims under Wisconsin’s theft by contractor statute. All monies paid to a contractor by an owner for improvements constitute a trust fund in the hands of the contractor. These monies can only be used for... Read more »

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4 Answers | Asked in Copyright, Education Law and Intellectual Property for Wisconsin on
Q: Can curriculum created by school staff through grants/federal funding be copyrighted?

Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.

James L. Arrasmith
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answered on Mar 29, 2023

Curriculum created by school staff through grants or federal funding can potentially be copyrighted. However, the copyright ownership may depend on the specific terms of the grant or funding agreement. If the grant or funding agreement specifies that the curriculum is a work for hire, then the... Read more »

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4 Answers | Asked in Copyright, Education Law and Intellectual Property for Wisconsin on
Q: Can curriculum created by school staff through grants/federal funding be copyrighted?

Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, it can, however you need to review the terms of the grant. When the Federal Government produces creative material it usually is copyright free (search Google for "U.S. Government Works" to learn more). Works prepared for the Federal Government by contractors may be owned (and... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Banking, Elder Law and Probate for Wisconsin on
Q: I am trying to find out what needs to be done to get my late parents bank records My brother, I and my daughter where P
James L. Arrasmith
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answered on Mar 5, 2023

To obtain the bank records of a deceased parent, you will typically need to follow a specific process that may vary depending on the laws and regulations in your jurisdiction. Here are some general steps you may need to take:

Obtain legal authority: In most cases, you will need to obtain...
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1 Answer | Asked in Tax Law for Wisconsin on
Q: I was wondering if I need to take an old employer to court if I had applied to work for them and during tax season

they did not provide me a w2 and instead sent me a 1099 NEC, which I researched and that form is an independent contractor or self-employed but I never verbally agree or have it in written contract paper that I was a self-employed or independent contractor and they never provided me a w9 form. So... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

If you believe that you were misclassified as an independent contractor and should have been classified as an employee, you should try to resolve the issue with your employer first. You can request a W-2 from your employer or provide them with your Social Security number to ensure that they report... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: My I-94 class of admission is DT. May I get married to the US citizen and get my status adjusted?
James L. Arrasmith
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answered on Feb 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

If you entered the US under the VWP and got married to a US citizen during your stay, you may not be...
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1 Answer | Asked in Civil Litigation and Personal Injury for Wisconsin on
Q: I have a question about an insurance check.

During a recent snow fall someone hit our fence. Their insurance wanted a quote for the damages/repair cost. I had sent one over and they sent me a check for the costs. The company I got the repair done for is no longer able to start until the spring time. The area the fence is missing gives... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2023

A Wisconsin attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, insurance companies nationwide don't generally worry too much about which vendor performs repairs on small property and casualty claims involving... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How can I make sure my Nicaraguan companion and I can travel to Nicaragua together and return together at the same time?

I am a US citizen. He is a Nicaraguan citizen, here in the US. We want to make sure we can travel together there and back at the same time.

Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

You did not mention your friend’s U.S. immigration status. Your friend’s ability to come back to the United States will depend on their immigration status; they need to have a valid travel document that allows them to return to the United States. For example, if they have a valid... Read more »

Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage

I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits.

You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used.

Just as with tobacco using plaintiffs, you will face comparative / proportional...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Is there a way to help my friend get home without huge legal trouble?

I have a friend who is from Romania. She's been here since 2019 originally with work and travel temporary Visa's. Her boyfriend convinced her to stay and they got married. I know they started filling out forms for green card and he's sponsoring her, but the relationship has turned... Read more »

Monica E Rottermann
Monica E Rottermann
answered on Jan 17, 2023

If your friend married her boyfriend and is interested in attempting to regularize her status and remain in the United States, she should speak with an immigration attorney to discuss her potential eligibility for VAWA, which you can read more about here:... Read more »

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Steps I need to take to travel with a Nicaraguan citizen that is here in the US, to Nicaragua.

We want to travel together there and back home without incident

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2023

More information is needed. If the person is without status in the U.S. or overstayed a visa for more than a year, then they can trigger a 10 year bar to lawful admission in any status. That means that they may not be able to lawfully return to the U.S., among other indefinite complications to... Read more »

2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

Could also be a reporting error. Contact all three credit reporting agencies and dispute the entry. They have 30 days to investigate and correct if necessary.

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2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 31, 2022

About fifteen years ago, one of the lawyers in my regional US Trustee's office told me the latest thing used by unscrupulous debtors was to use a social security number that was maybe one digit off/erroneous. The reason was to fool the system so that the bankruptcy would be noted on someone... Read more »

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: A shed on recently purchased prop. is slightly over the property line. <One foot. Do I need to do anything at this point

Property was purchased in Aug. 2022, surveyed in October. Shed has been there since the 1980's

Anthony M. Avery
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Anthony M. Avery
answered on Dec 5, 2022

Apparently you have already bought the property without complaining about an encroachment. You also failed to put a legal description from the new survey in your Deed. The boundary has probably been acquiesced to at this point. You may wish to complain about your attorney if you had one.... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Wisconsin on
Q: Pregnant help

My 16 old

Son at this time and his 17 yr old gf pregnant when baby born she will be 18 he will be 17 lives in two differ

States him wisconsin her Minnesota if she places the baby for adoption does he have right to keep him or are his rights nothing

Jane E. Probst
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Jane E. Probst
answered on Dec 4, 2022

This would be subject to the law of Minnesota if the child reisdes in that state once born. To place the child for adoption, the Court would need to terminate the parental rights of both parents. The biological father should file a paternity action once the child is born and request that he have... Read more »

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