Attorney Eric S. Johnson helped entrepreneurs from Adams County to form LLCs for their new business.
Attorneys William T. Curran and Eric S. Johnson counseled their client through the purchase of a Culver's franchise in Vilas County.
Attorney Peter Curran represented a high school student in Marquette County who was charged with Disorderly Conduct for an email joke went wrong. Attorney Curran was able to negotiate an agreement under which the court would delay proceedings and, if the student complied with the law for one year, the charge would be dismissed.
Attorney Eric S. Johnson brokered an agreement between his client, a Juneau County health services provider, local authorities and a state governmental agency that absolved his client from allegations of wrongdoing and allowed the client to continue operating.
Representing two individuals accused of theft at a Dane County Target, Attorney Peter Curran negotiated with the District Attorney's office that his clients be referred to the Community Restorative Court (CRC) prior to any charges being formally filed. Upon successfully completion of the program, no charges will ever be filed.
Attorney Eric S. Johnson assisted his client, a Wisconsin Dells construction company, receive full payment for its work. Attorney Johnson filed construction liens with the Register of Deeds that become liens on the property owner's real estate. This gave the construction company the leverage it needed to obtain prompt full payment.
Attorney Peter Curran, on behalf of a Juneau County Township, successfully sued an individual who was a habitual violator of the Town's Building Code. The lawsuit resulted in a judgment in favor of the Township of nearly $30,000, plus interest, and a Court order to remove the dilapidated structure from the property.
Attorney Eric S. Johnson successfully defended his client, a large Adams County condominium, against allegations from the Department of Housing and Urban Development (HUD) that it engaged in discrimination. The allegations were dismissed without the need for a trial.
Attorney Peter Curran successfully defended the owners of a dog in the City of Mauston against a claim that their dog bit a passerby. The case was one of mistaken identity of the client's dog, and the plaintiff's dismissed the claim.
Attorney Eric S. Johnson helped his client negotiate and complete the purchase of a business. The business provides services in the Wisconsin Dells and Lake Delton area. The purchase of a business should be carefully structured to limit the liability of the buyer for past acts of business. In addition, the seller is usually restricted from activity that could be considered competition with the purchased business.
Attorney Eric S. Johnson guided two waterfront condominiums in Adams County through the process of merging. The newly combined condominium has approximately 200 units.
Attorney Eric S. Johnson settled a civil claim in Juneau County related to a fire that escaped a firepit onto a neighboring property. Attorney Johnson persuaded the neighbor's insurance company to pay the full estimated damage of the loss, the cost of expert witnesses and his attorney's fees to Attorney Johnson's client.
Attorney Eric S. Johnson helped a subdivision located on the Castle Rock Lake update its Declaration and Bylaws following the end of developer control. In many subdivisions, the developer writes the initial Declaration and Bylaws to give the developer substantial control and limited liability for assessments for a certain period. The justification for this practice is usually to permit the developer to sell the lots more easily and to preserve their value. After the developer's control ends, the lot owners will want to revise subdivision documents to suit their needs.
Attorney Stefanie P. Wagner, acting as a special prosecutor for Marquette County, negotiated a mental health commitment matter in Marquette County and without the need for a jury trial.
Attorneys Thomas J. Casey and Eric S. Johnson helped their client sell a convenience store in La Crosse County, Wisconsin to Kwik Trip. At the conclusion of the sale, Kwik Trip's legal manager described Attorneys Casey and Johnson as, "Hands down-one of the best Seller Teams ever!"
Attorney Stefanie P. Wagner negotiated settlement for her client's child support arrears in Adams County, which helped her client avoid jail time.
Attorney Stefanie P. Wagner attended the Sauk County Bar Association meeting and luncheon.
Attorney Stefanie P. Wagner, acting as Guardian ad Litem for Columbia County, mediated a custody and parenting time dispute between parents which led to an agreement.
Attorney Stefanie P. Wagner represented husband in a divorce matter in Sauk County, where she successfully negotiated a settlement for her client that involved significant property and debt issues.
Attorney Eric S. Johnson reviewed the Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and Bylaws of a subdivision on Castle Rock Lake. Attorney Johnson then helped the subdivision revise them to reflect the changing circumstances since the subdivision was originally formed. Subdivision documents should be reviewed and revised periodically, so that the rules and restrictions continue to serve their purpose and address situations that may have not been apparent when the subdivision was created.
Attorney Eric S. Johnson procured a Conditional Use Permit from the City of Mauston that allowed his client to operate a residential care apartment complex.
Attorney Stefanie P. Wagner helped her client finalize a quick, uncontested divorce in Juneau County.
Attorney Eric S. Johnson negotiated a settlement in an Adams County estate that prevented his client from being disinherited. Attorney Johnson represented a widow whose husband was improperly influenced by her step-child to disinherit her. Attorney Johnson initiated civil litigation challenging the improper influence and the mental competence of the husband at the time of the improper gift. The settlement allowed Attorney Johnson's client to receive a significant inheritance.
Attorney Eric S. Johnson helped the owner of an Adams County technology company sell his business and secure employment with a large Wisconsin technology company.
Attorney John R. Orton rendered a title opinion for the Village of Necedah so that it could obtain a CDBG loan to cover water utility and sewer utility improvements.
Attorney Peter Curran successfully reduced an OWI-1st to a Reckless Driving citation in Juneau County despite the requirement that the prosecuting attorney must explain to the judge why an amendment is appropriate and the judge must accept that explanation.
Attorney Stefanie P. Wagner negotiated and closed on her clients' purchase of their home after lawsuit was threatened for termination of the land contract.
Attorney Eric S. Johnson helped the owners of an insurance company create a Shareholders' Agreement for their corporation. A Shareholders' Agreement helps business owners avoid costly disputes and promotes the continuity of the business by establishing rules regarding the termination of a shareholder's employment, the terms and conditions under which a shareholder can withdraw their capital from the business and the sale of shares to a third party, among other issues.
Attorney John R. Orton successfully negotiated the settlement of a personal injury claim in Adams County in which his client suffered a whiplash injury when he was rear-ended in the Village of Friendship.
Attorney Catherine Orton recently conducted two business succession planning workshops, sponsored by local banks, covering various tax and other issues related to the transfer of business and/or farm assets to the next generation.
Attorney Peter Curran successfully negotiated a plea deal in Monroe County for a client charged with two counts of felony Second Degree Sexual Assault of a Child, felony Bail Jumping and several misdemeanors, and facing over 80 years in prison. Under the agreement as adopted by the court, his client served only 30 days in jail and, if the agreement is followed, would not be convicted of any felony.
Attorney Eric S. Johnson negotiated and closed the sale of an overnight lodging facility in Adams County worth approximately $500,000.
Attorney John R. Orton appeared in front of the City of Portage Plan Commission to obtain approval of a preliminary plat for a new subdivision.
Attorney John R. Orton attended the meeting of the Wisconsin Judicial Council in Madison.
Attorney John R. Orton successfully completed the settlement of a wrongful death claim on behalf of two minor children who lost their father in an accident caused by a drunk driver. This complicated settlement involved the establishment of tax- free annuities to cover the long-term needs of the children, as well as the establishment of "Uniform Transfers to Minors Act" accounts for the minors to cover current needs. In addition, an account was established for their mother to make payments equal to the child support she would have received but for the death of the father.
Attorney Eric S. Johnson negotiated and closed the sale of an overnight lodging facility in Adams County worth approximately two million dollars.
Attorney Eric S. Johnson helped an organic farming operation in Adams County acquire a substantial additional tract of irrigated land. In the process, Attorney Johnson identified that portions of the real estate were located in a Shoreland-Wetland zoning district. Shoreland-Wetland zoning districts are in addition to the "base" layer of zoning. Shoreland-Wetland zoning districts often severely restrict a property's permissible uses. Attorney Johnson and his clients were able to convince municipal authorities to remove the real estate to be purchased from the Shoreland-Wetland zoning district.
Attorney John R. Orton assisted the Village of Necedah in vacating several streets and alleys.
Attorney Thomas J Casey assisted a client in petitioning the Court to amend his name on his birth record. In the process of renewing his commercial drivers license the individual ran across discrepancies on his birth certificate which would not allow for the document to be provided as acceptable identification. The REAL ID Act is a piece of legislation that imposes much stricter measures on how people can obtain a driver’s license. Called the new “national ID” the REAL ID Act has been newsworthy and potentially affects drivers across the nation. The REAL ID Act of 2005 was enacted by Congress to reduce fraud and deter terrorism pursuant to findings of the 9/11 Commission and Homeland Security. Attorney Casey was able to assist the client in establishing a link between the name on his birth certificate and the name by which he is currently known. This name change enabled the client to facilitate renewal of his commercial drivers license.
Attorney Eric S. Johnson guided his client through the negotiation and drafting of a waste disposal services contract regarding a large retail tourist attraction in Lake Delton/Wisconsin Dells.
Attorney Eric S. Johnson assisted an entrepreneur in the formation of a Limited Liability Company for a new e-commerce business.
Attorney Eric S. Johnson prepared the documents allowing his client to purchase a tourist attraction located on the Wisconsin River in southern Juneau County, Wisconsin.
Attorney Eric S. Johnson helped his clients recover over $275,000 in unclaimed property from the Wisconsin Department of Revenue.
Attorney John R. Orton successfully completed the adoption of a Highway Order by the Town of Wellington in Monroe County, which preserved the land owners' ability to maintain a gate across this low maintenance road.
Attorney Eric S. Johnson completed the administration of a Juneau County Estate with inventoried assets of about $1.5 million.
Attorney Eric S. Johnson obtained the return of his client's down payment in a manufacturing dispute in Juneau County.
Attorney John R. Orton finalized the settlement in the wrongful death of the client's spouse. The client recovered the policy limits of both the car owner's uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage.
Attorney John R. Orton completed the negotiation and sale of residential real estate in Hillsboro, Wisconsin, to Gundersen St. Joseph's Hospital and Clinics.
Attorney John R. Orton successfully completed a 2-week jury trial in Juneau County representing a Plaintiff who was severely injured when a semi-tractor trailer attempted to pass the Plaintiff as the Plaintiff attempted a turn. The jury awarded over $770,000 to the Plaintiffs.
Attorney Catherine Curran Orton was inducted into the Fellows of the Wisconsin Law Foundation. The Fellows program recognizes members of the profession who are known by their peers for high professional achievements, distinguished service to the community and the profession, and outstanding contributions to the advancement and improvement of the administration of justice in Wisconsin. New Fellows are elected by the Fellows Board of Trustees.
Attorney Peter Curran was successful at trial before the Adams County Circuit Court in defending the Town of Springville against a claim of excessive real estate taxation. The tax payer claimed to be operating a farm and, therefore, was entitled to be assessed as agricultural use. Attorney Curran successfully argued that periodic pasturing of a few cows did not meet the test of agricultural use.
Attorney Eric S. Johnson obtained a Conditional Use Permit for his client in the City of Mauston. Zoning laws divide an area in districts (i.e. commercial, residential, agricultural, etc.). Within each district, some uses are permitted outright, some are conditioned on receiving a permit, while some are prohibited). Applicants for Conditional Use Permits must show the municipality that their proposed use is consistent with surrounding uses and will not have adverse effects that cannot be resolved with conditions imposed by the municipality.
Attorney Peter Curran successfully negotiated a plea deal in Marquette County for a client facing a felony burglary charge and 7.5 years in prison under which the client was not convicted of a felony and served no jail time.
Attorney Catherine C. Orton was elected to Chair the Wisconsin Historical Foundation for her first term beginning July 1, 2017.
Attorney Eric S. Johnson created a Limited Liability Company (LLC) to hold and manage real estate owned by several people in Bayfield County. Many issues can arise regarding vacation or hunting property with several owners. There are common expenses, such as taxes, insurance, maintenance and improvements. Questions can also arise, such as who decides whether to make repairs or improvements, or what happens when one or more members fail to contribute to common expenses. An LLC can provide the structure to address these issues in a way that is both orderly and fair.
Attorney John R. Orton successfully completed the settlement in the wrongful death of the clients' mother, who was killed in a head-on collision with a drunk driver in Wood County.
Attorney Eric S. Johnson prepared his client to defend against potential challenges to the gift of a family farm in Monroe County worth over $500,000 to the client. Receiving the family farm is a day worthy of celebration. It can also create legal challenges, if other family members challenge the gift. Steps can be taken to drastically limit the likelihood and effectiveness of potential challenges. These steps include documenting the legal capacity of the giver to make the gift and having the giver consult with an independent attorney regarding the advisability of making the gift and alternatives to the proposed gift.
Attorney Eric S. Johnson helped a manufacturer from Southeast Wisconsin limit his liability while carrying out manufacturing operations. Attorney Johnson created two Limited Liability Companies (LLCs) for the client. One LLC owned the real estate and buildings that comprised the manufacturing plant. The other LLC ran the manufacturing operation and leased the land and buildings from the first LLC. If the operating LLC incurred a liability, the land and buildings owned by the real estate LLC would not be at risk.
Attorney Eric S. Johnson obtained a Court Order correcting the legal description of Juneau County real estate. Many errors in legal descriptions can be fixed by recording a Correction Instrument. A Correction Instrument must be signed by the proper party. If that party is deceased or otherwise unavailable, a legal action can be commenced and the error can be corrected by the Order of the Court.
Attorney Eric S. Johnson prepared an estate plan for his clients that allowed their adult child to receive an inheritance, without disqualifying the child from receiving SSI benefits. If your family has a member that is receiving SSI or Medicaid benefits, careful thought must be given to your estate plan. Outrights gifts to the disabled family member could cause disqualification from the programs that provide critical services and support. A special needs trust can allow the family member to receive some benefit from an inheritance, without being cut off from benefits.
Attorney Eric Johnson helped the owner of waterfront property in Lake Delton, Wisconsin reduce the real estate tax assessment for the property by 34%. Owners considering whether to challenge real estate tax assessments should contact an attorney early on. Failure to meet certain deadlines or follow certain procedures will forfeit the owner’s ability to challenge the assessment that year.
Attorney Eric Johnson prepared a Camping License Agreement for a Wisconsin Dells campground. Camping agreements often use the terminology of residential leases. This leads to confusion and litigation, as the parties (and the courts) struggle to determine whether the statutes and regulations promulgated by the Department of Agriculture, Trade & Consumer Protection apply to the agreement. Campground owners would do well to avoid any argument that the statutes or regulations apply because they include provisions for the award of double damages and attorney fees against the owner. The Camping License Agreement puts the campground owner in the best position to avoid those arguments and resolve disputes with campers with minimal (if any) court involvement.
Attorney Eric Johnson has been selected as a Super Lawyers Rising Star in 2016. Attorneys who qualify for Super Lawyers' Rising Stars list are under 40, or have been practicing law 10 years or less. The Super Lawyers attorney-led research team carefully looks into each nominee for their credentials and accolades before making the final list which honors the top 2.5% of young lawyers in the State.
Attorney Eric Johnson guided the younger generation through the process of purchasing a longstanding family business in Juneau County, Wisconsin. To avoid conflicts between the owners in the future and to assist with the eventual transition of the business to future generations, Attorney Johnson prepared documents detailing how the business would be managed, how disputes would be resolved, limitations on transferring ownership interests and provisions for retirement of the owners. Having these provisions in place before a dispute develops is critical to minimizing the uncertainty and costs of these common scenarios.
Attorney Peter Curran successfully defended an elderly individual against an involuntary guardianship in a contested hearing. Despite the recommendations by the examining psychologist, County Corporation Counsel, County Social Worker and several family members in support of the guardianship, Attorney Curran prevailed, arguing that a guardianship was not appropriate because she had proven herself capable of taking care of herself. The client was able to leave free from any outside interference.
Attorney John R. Orton settled a claim against Rockford Mutual Insurance Company, and its insured, arising out of an intersection collision, in which the insured missed a "stop" sign in Juneau County, Wisconsin, and "T-boned" our Client, causing a serious shoulder injury.
Attorney Eric S. Johnson helped a Castle Rock Lake mobile home park operator remove a tenant's dilapidated home from the mobile home park. Great care must be taken in evicting tenants from a mobile home park, since it is unlawful to evict a tenant because a mobile home is old. In this case, Attorney Johnson obtained a home inspection from a licensed inspector. The inspection concluded that the home was unsafe. Attorney Johnson's client had the home removed free from any claims by the evicted tenant.
Attorney John R. Orton settled a claim against Progressive Insurance, and its wholly owned subsidiary, Artisan & Truckers Casualty Company, and their insured, for injuries caused to our Clients in an automobile accident. Our Clients were stopped at a stoplight in the City of Adams, Wisconsin, when their pick-up was struck in the rear by the Defendant, causing a severe "whiplash" injury to our Client. The insurer paid its policy limits, and then Attorney Orton was able to obtain additional settlement proceeds from the Client's "underinsured motorist coverage" provided by State Farm Insurance.
Attorney Eric S. Johnson negotiated and closed the sale of mixed use (agricultural, residential and commercial) real estate in Juneau County worth four million dollars.
Attorney Peter J. Curran successfully defended a commercial truck driver who was cited with an OWI in Juneau County. He discovered and provided the prosecutor with evidence which proved that the truck was not running, despite the claims of the officers at the time of arrest. The matter was dismissed without further action.
Attorney John R. Orton settled a claim against Acuity Mutual Insurance Company and its insured for personal injuries caused in an intersection accident in Mauston, Wisconsin. The Defendant did not know the meaning of a flashing yellow arrow, and turned left into the Plaintiff, causing a serious whiplash injury.
Attorney John R. Orton settled a substantial claim against Fed Ex arising out an auto accident in Adams County where a Fed Ex truck "T-boned" our client causing serious injuries.
Attorney Eric S. Johnson helped a Trempealeau County business favorably settle a claim that it engaged in age discrimination in terminating an employee. The employee received less than 20% of his initial demand.
Attorney John R. Orton represented the Village of Camp Douglas regarding the acquisition of right-of-way easements for the reconstruction of County Trunk Hwy "C."
Attorney John R. Orton successfully prosecuted and settled an "adverse possession" case in Monroe County, Wisconsin, in which the Client received land from three adjacent landowners based upon evidence that the client, and his predecessors in interest, had maintained a fence line for decades.
Attorney Peter J. Curran successfully defended his client's interest in her deceased ex-husband's retirement annuity against the challenge of his subsequent wife in Richland County. By prevailing, his client received over $23,000 in withheld annuity payments, and will receive $1,136.55 per month going forward.
Attorney Eric S. Johnson helped a Juneau County church update its bylaws to conform to changes in the law regarding nonstock corporations and cemeteries.
Attorney Peter J. Curran ensured the timely closing of an $800,000 commercial real estate deal, despite the fact that a boundary issue arose just days before closing and the owners of the adjoining parcel were out of the country until the day of closing. He was able to draft the appropriate instruments to correct the issue and have them executed by the adjoining landowners prior to closing.
Attorney John R. Orton successfully completed the negotiation of a "Development Agreement" on behalf of the owners and developers of Sand Valley Golf Resort. This complicated Agreement with the Town of Rome incorporates the use of "tax increment financing" (TIF) pursuant to § 66.1105 Wis. Stats. to bring a world class golf resort to the area.
Attorney Eric S. Johnson successfully defended his client, a Juneau County drainage district, in a Petition for Certiorari hearing. The Petition asked Judge Brazeau to reverse the drainage district's decision to deny a request to suspend its operations. The drainage district's decision was upheld by the Judge.
Attorney Peter Curran successfully challenged the tax assessment on commercial real estate in Sauk County. The successful challenge of the excessive assessment resulted in a tax refund to the client of $21,702.05 for 2014 and $19,264.69 for 2015, and the client is expected to save another $20,000 on its 2016 tax liability.
Attorney Eric S. Johnson formed an LLC for his clients' zoning/development consultation business. People planning to form a business entity should consider 1) how profits and losses will be distributed among the members; 2) how decisions will be made; 3) whether a member's right to transfer ownership of the entity should be restricted; and 4) whether to allow a member to withdraw his or her investment from the entity and under what circumstances.
Attorney Catherine Orton has been hired by a large trust company to complete a unitrust conversion on an existing charitable trust and to secure IRS approval of the trust as a tax-exempt entity.
Attorney Eric S. Johnson guided his clients through the process of purchasing a restaurant and bar in Baraboo, Sauk County, Wisconsin.
Attorney Eric S. Johnson guided this client through the purchase of commercial real estate in Mauston, Wisconsin, and helped obtain the necessary approvals from the City and the Department of Natural Resources (DNR).
Using a "limited scope representation" agreement, Attorney Eric S. Johnson helped a landlord evaluate and respond to the claims of a tenant. In some cases, a client may not want or require "full service" from a lawyer because the client is comfortable managing most of the dispute or wants to save on legal expenses. A "limited scope representation" allows a client to obtain and pay for only the specific services the client wishes to use. In this case, the limited scope representation allowed the client to be sure its legal rights were preserved, while keeping expenses to a minimum.
Attorney John R. Orton completed a major settlement for a Client who suffered whiplash injuries when her van was rear-ended by a semi-tractor trailer in the Village of Necedah. The claim was complicated by the fact that the client suffered from a pre-existing medical condition which exacerbated her injuries.
In a Marquette County Divorce, Curran Law Office obtained a settlement which awarded our client indefinite maintenance amounting to over half of the couple's net income.
Attorney Eric S. Johnson helped his client, the owner of a Wisconsin Dells condominium unit, obtain an easement for an encroachment. When improving his unit, the client inadvertently built a portion of his unit onto the common area of the condominium. The law permits the condominium association to physically remove the encroachment, which would have drastically decreased the value of the unit. Attorney Johnson worked with the condominium association to obtain an easement that allowed the improvement to remain in place.
Attorney John R. Orton successfully concluded a Juneau County case in which the Client suffered arm and shoulder injuries when a snowplow owned by the Village of Union Center ignored a "Yield" sign and drove head-on into the Client's automobile.
Despite the fact that the case had been dormant for over 10 years, Curran Law Office obtained a ruling requiring the opposing party in a Green Lake County divorce case to pay our client a lump sum of over $55,000.
Attorney Eric S. Johnson helped a subdivision in the Castle Rock Lake Area enforce the subdivision's restrictive covenants against a lot owner. The enforcement of restrictive covenants helps the lots in a subdivision retain their value and maintain the quality of life of the residents.
Attorney Eric S. Johnson successfully negotiated the sale of his client's ownership interest in co-owned real estate in Milwaukee County to the other co-owners. When the joint owners of real estate cannot agree on the disposition of the real estate, the property can be "partitioned" or sold by the Court. When faced with the prospect of Court action, many co-owners agree to resolve their differences.
In a Juneau County divorce case, Curran Law Office obtained a settlement for our out-of-state client which allowed him to keep primary placement of his children.
A Client received an elbow injury when a passing trailer struck him. Attorney John R. Orton negotiated a settlement before the commencement of litigation.
Attorney Eric Johnson has been selected as a Super Lawyers Rising Star in 2015. Attorneys who qualify for Super Lawyers' Rising Stars list are under 40, or have been practicing law 10 years or less. The Super Lawyers attorney-led research team carefully looks into each nominee for their credentials and accolades before making the final list which honors the top 2.5% of young lawyers in the State.
After a contested trial in a Juneau County paternity case, Curran Law Office obtained a ruling that gave our client, a father of three, primary placement of his children — a complete reversal of the placement arrangement that had been in place for years.
In Dane County, Curran Law Office convinced the Court to give our client a downward deviation for child support, despite the fact that he is a high-income payer, and makes more than 6 times the income of the other party.
In a Juneau County divorce, Curran Law Office obtained a settlement on behalf of our client which allowed him to retain 100% of the property he brought to the marriage.
Attorney John R. Orton was the co-author of an article in "The Verdict" regarding "Jury Instruction Formulation in Negligence Cases." This article was based upon Attorney Orton's winning case of Dakter v Cavallino in the Wisconsin Supreme Court regarding the application of negligence in truck driving cases.
In a Sauk County divorce case, Curran Law Office persuaded the Court to limit our client's obligation for maintenance, in both amount and duration, despite a marriage of over 30 years.
Attorney Peter Curran successfully moved the Adams County Circuit Court to reopen an action involving a tax foreclosure on his clients' Adams County real estate, preventing the County from taking possession of the property and ensuring the clients' ownership of their future residence.
After a day-long trial in Marquette County, Curran Law Office successfully prosecuted a termination of parental rights claim on behalf of our client.
Attorney Peter Curran was victorious on a motion for summary judgment on behalf of a client whose interest in her deceased ex-husband's retirement annuity was challenged by his subsequent wife in Richland County Circuit Court. While the facts of the case were agreed upon by both parties, it was the interpretation of the law set forth by Attorney Curran that was decisive, confirming his client's interest in the retirement annuity.
In Sauk County, Curran Law Office assisted our client, an elder-at-risk, in obtaining an injunction/restraining order after a contested hearing.
Attorney Eric S. Johnson defended his client's inheritance rights in a Marquette County Estate. Attorney Johnson's client was the child of the deceased from a prior marriage. When a married person dies without a Will, the deceased Estate is usually divided equally between the deceased's current spouse and the deceased's non-marital children. The deceased's current spouse attempted to treat all the deceased's assets as her own - effectively eliminating the client's rights to inherit half of the deceased's belongings. Attorney Johnson convinced the current spouse to turn over his client's full inheritance and pay the Estate back for any funds improperly spent. Individuals who bring children into a marriage should strongly consider consulting with an estate planning attorney to arrange for the protection of assets they wish to pass on to their children. A good plan can prevent confusion about the rights of the family members and avoid costly litigation.
In Adams County, Curran Law Office successfully defended our client from allegations of child abuse, thereby dismissing the other party's restraining order petition.
Attorney Peter Curran created a Limited Liability Company (LLC) for two brothers through which they will jointly continue to operate a farm located in Juneau County which had been in their family for over a century.
Attorney John R. Orton settled a wrongful death case. The plaintiffs' child was killed in a tragic snowmobiling accident in Juneau County. The case involved complicated questions regarding pecuniary damages and conscious pain and suffering before death.
Attorney John R. Orton settled a case regarding injuries sustained by a customer who tripped and fell in a hardware store, suffering personal injuries in Adams County.
Attorney Eric S. Johnson successfully completed a Sauk County Estate that owned an ongoing business. Unless a business owner has previously created a business succession plan, when the business owner dies, the owner's Estate will own the business. The Personal Representative of the Estate has a duty to maximize the value of the Estate's assets for the benefit of heirs/beneficiaries and creditors. Since a business is usually worth considerably more if it can be sold as an operating business, the Personal Representative has a duty to keep the business operational until a buyer can be found or the heirs/beneficiaries can take over. Business owners can usually avoid the complications and expense of the probate process by meeting with an experienced attorney to create a business succession plan.
Attorney John R. Orton won a decision argued at the Wisconsin Supreme Court, with the Court approving jury instructions in a truck driver negligence case. A jury had awarded the injured plaintiffs $1 million in the personal injury case.
Attorney Catherine Curran Orton was recently elected as Treasurer of the Wisconsin Historical Foundation for a term beginning July 1, 2015. She was also elected to serve on the Executive and Finance Committees of the Wisconsin Historical Foundation for a term beginning July 1, 2015.
Attorney John R. Orton completed a one-week jury trial in Juneau County dealing with the liability of Woodside Ranch for injuries suffered by three plaintiffs when they were trampled by stampeding horses.
In Juneau County, Curran Law Office argued a complex UCCJEA interstate jurisdictional motion and succeeded in having our client's foreign child support order registered and enforced in the state of Wisconsin.
Attorney Peter Curran successfully negotiated a resolution in a Juneau County criminal matter where an individual was charged with Felony Possession of Narcotic Drugs and three additional misdemeanors, whereby the Felony was completely dismissed, along with two of the misdemeanor charges.
In Sauk County, after a contested hearing, Curran Law Office obtained an order amending a previous judgment, thereby granting our client, the father of the children, equal placement with no obligation to pay child support.
Attorney Peter Curran successfully negotiated a resolution in a Juneau County criminal matter in which an individual was charged with Felony Strangulation, Criminal Damage to Property, Resisting an Officer, and Domestic Disorderly Conduct. Because the individual worked in the criminal justice field, he required access to a firearm to keep his employment. Attorney Curran was able to find a resolution whereby the Felony was dismissed and the individual was able to keep his employment, including a post-judgment amendment of the conviction.
Attorney Eric S. Johnson helped his client, an Adams County farmer, sell his irrigated farmland for over $750,000.
Attorney Eric S. Johnson successfully negotiated a resolution to a commercial dispute. Attorney Johnson's client, an inventor from Missouri, developed a product he hoped to market. He contracted with a manufacturer to design the injection mold that would be used to mass produce the product. When the client decided to produce the product at another plant, the manufacturer refused to return the mold. Attorney Johnson used Wis. Stat. 895.446, which allows individuals who are victims of theft or embezzlement to receive triple damages and their attorney's fees, to obtain the swift return of the mold without litigation.
Attorney John R. Orton was elected to a second term on the Board of Governors of the State Bar of Wisconsin.
Attorney John R. Orton appeared before the Wisconsin Supreme Court to provide oral argument in the case of Dakter v Cavallino, a trucking litigation case. Watch the Supreme Court Oral Arguments here.
Attorney Eric S. Johnson prepared a charter contract for an elementary school to be located in Juneau County. Attorney Johnson's client, a local school district, wanted the opportunity to educate elementary children using the "Montessori Method" - a child-centered educational approach based on scientific observations of children from birth to adulthood. Charter contracts allow school districts to contract with an entity to operate a charter school. Charter schools have more flexibility in how education is delivered to students than a traditional school.
Attorney Peter Curran successfully defended an individual originally charged with Felony Second Degree Recklessly Endangering Safety and Negligent Handling of a Weapon in Juneau County Circuit Court. The case was resolved without any felony or other criminal convictions.
Attorney Eric S. Johnson guided his client through purchasing a waterfront bar and restaurant in Adams County. Since a dam was partially located on the same real estate as the bar and restaurant, Attorney Johnson helped his client obtain a dam transfer permit from the Wisconsin Department of Natural Resources.
Attorneys John R. Orton and Eric S. Johnson helped a Juneau County client complete a 1031 tax-deferred exchange of "like kind" real estate. Typically, whenever you sell business or investment property and you have a gain, you generally have to pay tax on the gain at the time of sale. Section 1031 of the Internal Revenue Code provides an exception and allows you to postpone paying tax on the gain if you reinvest the proceeds in similar property as part of a qualifying like-kind exchange. Gain deferred in a like-kind exchange under IRC Section 1031 is tax-deferred, but it is not tax-free. In this case, their client was able to sell real estate to a national retail franchise and defer tax on the gain, until the client's replacement property is sold.
In Eau Claire County, Curran Law Office obtained an order from the Court giving our client exclusive placement based on a showing of harm by the other parent. This result was obtained after numerous motions and a contested trial, involving the complex testimony of a number of witnesses.
Attorneys Eric S. Johnson and Catherine C. Orton assisted their clients in the negotiation and drafting of a lease to erect a cell phone tower upon their clients' land. Cell tower leases can be a source of substantial profits for the landowner. They can also be a source of great liabilities. Care must be taken in the creation of a cell tower lease, so that the landowner is not stuck with a partially built tower if the project fails at the beginning of the lease or is responsible for removing an unused tower at the termination of the lease. In addition the client should be protected from claims related to broadcasting from the tower - such as interference with the neighbors' radio and television signals.
Attorney Eric S. Johnson advised a Town in Vernon County regarding its rights and obligations under the Open Records Laws. The Open Records Laws allow people to request information and documents from units of government, provided the proper procedures are followed. Governmental units must provide the information or documents requested (or an explanation of why they were not provided). Failure to comply with the law can result in substantial penalties against the governmental unit.
In Waushara County, Curran Law Office obtained a settlement for our client in a CHIPS (child in need of protection and services) action, avoiding a CHIPS finding, and obtaining a favorable consent decree which granted our client unrestricted in-home placement of her child.
Attorney Eric S. Johnson helped his client, the co-owner of a Castle Rock Lake area restaurant and bar, overcome the oppressive actions of the other co-owner. After suffering health problems that prevented him from working, Attorney Johnson's client was forced out of the restaurant and bar business by his partner. Attorney Johnson made effective use of the laws regarding "oppression of minority owners" (laws that protect those owning less than a 50% interest in business) to negotiate the buy-out of his client's interest in the business for its fair market value.
Attorney Tom Casey guided a private party through the process of purchasing a vacation home at a Sheriff's Sale. The buyer was able to purchase the property at a savings of approximately $200,000 less than the fair market value on the most recent tax bill.
Attorney Catherine C. Orton is completing a complex Irrevocable Life Insurance Trust for Madison clients to reduce their federal estate tax liability and fund any potential federal estate tax payment.
Attorney John R. Orton completed the sale of a motel with accompanying bar/restaurant in Lake Delton.
In a Juneau County case, Curran Law Office successfully assisted our client, the father of two minor children, in terminating the parental rights of the children's biological mother and the subsequent adoption of the children by their step-mother.
Attorney John R. Orton helped the Village of Cazenovia negotiate and complete a deal with homeowners to remodel their home to comply with DNR and FEMA regulations and thereby allow the Village to achieve a lower 'hazard rating' for its municipal dam, which in turn saved the Village thousands of dollars in dam repair costs.
In a Juneau County case, Curran Law Office negotiated a settlement in a CHIPS action which prevented our client from having to undergo a week-long trial, and ensured the client and his child would be fully-reunified within 90 days.
Curran Law Office secured an award of primary placement for our client, the father of a small child, in a Sauk County divorce proceeding.
Attorney Tom Casey helped two debtors successfully file Chapter 128 Voluntary Amortizations. These proceedings are an alternative to bankruptcy, and allow debtors to pay unsecured debts (i.e. credit cards, medical bills, pay day loans, etc.) over time without any further interest being added. Not only does this State Court action help to protect a person's credit rating, but it allows for significant discounts on what would otherwise be paid to creditors.
Attorney Eric S. Johnson received an AV® Preeminent™ rating from Martindale-Hubbell, which is the highest rating it bestows. The rating is based upon scores given by judges and independent attorneys.
Attorney Catherine C. Orton recently completed another complicated business succession plan for a business couple with substantial real estate holdings, LLCs and a C corporation.
Attorney Eric S. Johnson prepared a contract giving his client the exclusive right to perform waste removal and recycling services in the Village of Lake Delton.
Attorneys Eric S. Johnson and Catherine C. Orton obtained a Judgment in Vilas County (Judge Nielsen) reforming an existing easement. The Judgment reformed the easement to give their client access to the client's waterfront lot. The reformed easement also included the right to install utilities on the client's land, which was not included in the original easement. The Judgment substantially increased the value and marketability of the client's real estate.
Attorney Eric S. Johnson persuaded a Sauk County municipality to fully restore his client's salary and employee benefits. Attorney Johnson's client was employed by a Sauk County municipality. In order to reduce its overhead, the municipality decided to cut the client's hours and salary in half, and eliminate the client's employee benefits, such as health insurance and retirement. Attorney Johnson participated in several meetings with the municipality's board and citizens, where he convinced them to fully restore his client's salary and benefits to their previous levels.
Attorney Eric S. Johnson helped his client, the owner of Juneau County mobile home park, evict a tenant and remove the tenant's mobile home from the park. Evictions from mobile home parks are more complex than evictions from a traditional home or apartment. Mobile home park operators must be careful to comply with the additional rules for mobile home park evictions, or they will be subject to substantial penalties. A knowledgeable attorney can help mobile home operators obtain the eviction and avoid these penalties.
Attorney John Orton settled a personal injury case involving the negligent construction of a sidewalk and stairs leading into an apartment building. The stairs failed to have a railing, a violation of Wisconsin's Safe Place Statute.
Attorney John Orton successfully completed the settlement of a claim venued in Federal Court against the U.S. Government under the Federal Tort Claim Act, arising out of an automobile accident caused by a federal worker.
Attorney Eric S. Johnson advised his client, a new trustee of a trust that owned financial assets, several parcels of real estate, and personal property regarding how to properly administer the trust and discharge the duties of a trustee. Trustees have important and oftentimes challenging duties. They must responsibly administer the assets of the trust, account for the income and assets of the trust to certain beneficiaries, and distribute income and assets to the beneficiaries. An attorney knowledgeable in the areas of estate planning, probate, and real estate can successfully guide a trustee in performing those duties effectively.
Attorney Eric S. Johnson advised a client regarding the client's options for post-judgment motions for relief in the trial court or appeal to the appellate court. The client was involved in complex litigation regarding the administration of a trust and the management of its assets. The case spanned several years. The client was represented by a different attorney in the trial court. The trial court entered a judgment the client was not fully satisfied with. Attorney Johnson completed a comprehensive review of the client's file and advised the client regarding the potential appealable issues, the probability of success, the time it would take for an appeal to be decided, and the potential cost of an appeal. With that information, the client was able to make an educated decision regarding whether to attempt to overturn the judgment.
In Sauk County, Curran Law Office obtained a decision following a full-day contested divorce trial, which awarded our client everything requested, including an equalization payment for foreign real estate, indefinite maintenance, and attorney's fees.
In Eau Claire County, Curran Law Office convinced the Family Court Commissioner to award our client over $1,000 per month in child support, despite a previous full waiver of child support by the client when the client was unrepresented.
The Wisconsin Court of Appeals affirmed the Verdict of $1.1 million received by Attorney John Orton in Dakter v. Cavallino, a truck accident case involving the negligent operation of a semi tractor-trailer.
Attorney John Orton successfully negotiated the dismissal of a complaint by the DNR alleging that our client had improperly deposited solid waste at an unapproved site thereby causing contamination. The DNR issued a "Close-Out" letter confirming that it was taking no further action.
In Sauk County, Curran Law Office obtained a plea and sentencing outcome for a client in a criminal case, in which the District Attorney's office dropped all felonies, and entered into a deferred prosecution agreement on two misdemeanors, thereby allowing our client to avoid any jail time, probation, or a permanent criminal record.
Attorney John Orton assisted Camp Douglas in taking the proper steps to raze a dilapidated structure and collect the costs thereof from the landowner.
Attorney Eric S. Johnson prevailed in a guardianship dispute before Judge Roemer in the Juneau County Circuit Court. The Court agreed to accept our client's offer to purchase assets from the guardianship.
Attorney John Orton settled a complicated divorce involving the valuation of multiple businesses and real estate holdings.
In Juneau County, Curran Law Office negotiated a final divorce settlement that severely curtailed our client's obligation for maintenance, in a situation where the Court would have likely equalized the incomes of the parties.
In Monroe County, Curran Law Office obtained an award of primary placement for our client, plus the authority to enroll her child in a new school district, which was a complete reversal of the status quo since 2009.
Attorneys Thomas J. Casey and Eric S. Johnson successfully negotiated an employment benefits dispute on behalf of their client, an employee, thus providing their client with 100 percent of the benefits he demanded.
In Sauk County, Curran Law Office negotiated a final divorce settlement that cut our client's liability for an equalization payment to half of what was originally requested by opposing counsel.
Attorney Eric S. Johnson organized a Limited Liability Company (LLC) for his clients who own and operate a farm in Juneau County. The formation of the LLC will protect their personal assets from liability arising out of the operation of the farm. It will also allow them to begin the process of transferring ownership of the farm to their children, while retaining control of the day-to-day operation of the farm.
Attorney Eric S. Johnson obtained a Judgment in Adams County (Judge Pollex) increasing child support for his client. Child support is based upon the payer's income. Attorney Johnson and his client discovered that the payer received substantial income which the payer had tried to conceal. Attorney Johnson obtained proof of the additional income and persuaded the Court to increase the payments owed to his client.
In Marquette County (Judge Bult) Curran Law Office negotiated a final divorce settlement that eliminated our Westfield client's obligation to pay maintenance, despite a large disparity in income in favor of our client and despite a long-term marriage.
Attorney John R. Orton successfully mediated in Federal Court (Western District of Wisconsin) the resolution of a personal injury case arising under the Federal Tort Claim Act.
Attorney John R. Orton gave a presentation to the Board of Directors of the Young Lawyers Division regarding the State Bar's proposal to amend the Wisconsin Constitution to elect Supreme Court Justices to a single 16-year term.
Attorney Eric S. Johnson and Attorney Catherine C. Orton prevailed on a Motion for Summary Judgment in Vernon County (Judge Rosborough). Their client was one of several beneficiaries of a Will. The beneficiaries disagreed on how the Will should be interpreted. Attorneys Johnson and Orton convinced the Court to adopt their client's interpretation of the Will, thereby bringing a quick end to the controversy and avoiding the additional expense of a full trial.
Attorney Eric S. Johnson won a Motion for Summary Judgment in Jackson County (Judge Lister). Attorney Johnson's clients held mortgages on waterfront real estate to secure money they lent to a business owner. The business owner started a lawsuit seeking to invalidate the mortgages for technical defects. Attorney Johnson convinced the court to rewrite the mortgages to correct the alleged defects, thereby saving the mortgages and protecting the clients in the event the debt is not repaid.
Curran Law Office negotiated a settlement in a Monroe County case (Judge Ziegler) that met the client's goals of (a) avoiding litigation regarding the minor child and (b) avoiding a change in the child's schedule. The firm was also able to minimize the client's obligation for child support.
Attorney Eric S. Johnson advised his client (a waterfront subdivision on Lake Petenwell) how to amend their Bylaws to create a better Homeowner's Association, and to make the Association's meetings function more efficiently.
In an Adams County matter, Curran Law Office obtained a post-trial order from Judge White that minimized our client's child support obligation, and represented a deviation from the presumptive standard guidelines.
Attorney Eric S. Johnson created a Corporation for his client to operate a restaurant in Wisconsin Dells. By using a Corporation, the client limited his personal liability regarding the conduct of his business. The corporate structure also allowed the client to prepare an orderly business succession plan for when the client wishes to begin the process of retiring and transitioning the business to new management.
Attorney John R. Orton obtained a ruling from the Circuit Court of Juneau County (Judge Roemer) granting a new trial in a personal injury case due to the erroneous exclusion of critical evidence by the Court.
Curran Law Office tried a Juneau County divorce case (Judge Reynolds) where we obtained primary placement for our Mauston client, despite the Guardian Ad Litem's recommendation for shared placement.
Attorney Eric S. Johnson helped his clients from Adams and Juneau Counties (contractors) collect a debt from an Adams County real estate developer who refused to pay for their services. Through Attorney Johnson's efforts, his clients recovered the full value of their services, plus their attorney's fees and costs.
Attorney John R. Orton helped a developer in Wisconsin Dells complete a tax free exchange of commercial real estate.
Attorney Eric S. Johnson formed a Limited Liability Company (LLC) to help clients own and manage hunting land and a cottage in Juneau County. The clients wanted structure and clarity regarding their rights and responsibilities and the LLC provided it. The LLC's operating agreement created a procure to decide critical issues, such as whether the cottage or land needed repairs or improvements, how those repairs and improvements would be paid for, whether an owner could allow guests to hunt on the land and under what conditions, what would happen if an owner wanted to sell his ownership interest, and what would happen if an owner died. Contact Attorney Johnson to determine whether an LLC could benefit your recreational property.
Curran Law Office represented a Necedah father in a Juneau County paternity action. Contrary to a court order, the other party fled the state with the child. By filing the correct motions in a timely manner, the firm obtained an order for our client which provided for the return of the child to Wisconsin and for more placement time.
Attorney John R. Orton drafted a lease for the owner of a restaurant and bar in Wisconsin Dells. These documents were complicated by the transfer of the liquor license. In this case, the client's interest in the liquor license was protected by requiring the lessee to provide an "Irrevocable Power of Attorney," which authorized the client to transfer the liquor license back to the client in the event of a breach of the lease.
Curran Law Office successfully persuaded the Columbia County Circuit Court (Judge Voigt) that the status quo of equal placement was contrary to the law in Wisconsin and to the best interests of the child, thereby obtaining an award of primary placement for our Portage client.
Curran Law Office tried a case before the Juneau County Circuit Court (Judge Evenson) which resulted in the Court unequally dividing the marital estate in favor of the firm's client, allowing our client to retain a full interest in a family farm in Elroy.
Attorney Eric S. Johnson created a Limited Liability Company ("LLC") to own and operate a restaurant franchise in Wisconsin Dells. Operating a restaurant (or any business) means exposure to certain risks, such as injuries to patrons, injuries to employees, or debts to vendors. Using an LLC to operate the business can help business owners manage these risks and protect the business owner from liability for the acts and omissions of others.
Curran Law Office assisted our Reedsburg client in obtaining temporary guardianship of her grandchildren less than 72 hours after filing a petition for guardianship in Sauk County Circuit Court (Judge Taggart) due to a family emergency.
Attorney John R. Orton completed a 2-week jury trial in Juneau County Circuit Court (Judge Roemer). The Jury awarded over $400,000 in damages for personal injuries, but concluded that the defendant was not liable. (Please see May 16 entry above in which the Court reversed the Jury Verdict and granted a new trial on the issue of liability).
After a day-long trial involving numerous medical witnesses and social workers, the Juneau County Circuit Court (Judge Roemer) ruled in favor of Curran Law Office's client and awarded permanent guardianship of a minor child. The Court held that the firm had met the high legal burden and overcome the presumption regarding third-party guardianships set forth in the Barstad case.
Attorney Eric S. Johnson prepared a Distribution Agreement, which allowed his client to cut its operating expenses, while expanding the market for the client's products. Attorney Johnson's client manufactured a high-quality product that was sold only to a local market. The expense of hiring and training an additional sales force had prevented the product from being marketed more broadly. Attorney Johnson drafted a Distribution Agreement by which another company agreed to provide a sales force to market the product throughout the region in exchange for a percentage of the sales of the product. As a result, Attorney Johnson's client does not have to bear the expense of hiring and maintaining a sales team and is receiving substantial additional income from increased demand for its products.
Curran Law Office obtained a maintenance award in Juneau County Circuit Court (Judge Evenson) of $125,000 over 16 years for our Mauston client, despite the fact that during the marriage our client worked full time, and the parties had a combined annual income of less than $50,000.
Attorney Eric S. Johnson helped a Homeowner's Association (HOA) terminate short terms rentals of lots within a Castle Rock Lake subdivision. Most of the members of the HOA were concerned about problems associated with short term rentals (e.g. noise, damage to property, increased demand for HOA facilities). The HOA had passed bylaws to prohibit short term rentals. Attorney Johnson started a lawsuit and obtained an injunction (a court order) stopping all existing short term rentals and requiring all owners to comply in the future.
Attorney Eric S. Johnson advised his client regarding the sale of the client's ownership in a Limited Liability Company (LLC). The LLC owned recreational property in Juneau County. Attorney Johnson used the LLC's operating agreement (the document describing the owners' rights) to negotiate a favorable deal for his client. It can be useful for an LLC to own real estate that would otherwise be controlled by multiple owners. The LLC's operating agreement can establish a procedure to follow when one co-owner wants to sell his interest. The certainty provided by having a procedure in place before a dispute arises can often help co-owners avoid a lawsuit.
Attorney Eric S. Johnson helped his Columbia County client successfully navigate the myriad of issues facing purchasers of waterfront property. Owning waterfront property offers many opportunities for recreation and enjoying scenic beauty. The path to waterfront ownership, however, is often fraught with many potential hazards. Potential waterfront owners should be advised of the special issues related to waterfront property, such as shoreland zoning and floodplain zoning. Among other things, shoreland zoning imposes limitations on what can be constructed upon real estate and how real estate can be used. Floodplain zoning can prevent a potential buyer from being able to build upon real estate at all. If a structure is already located in a floodplain, a potential owner may be prevented from making modifications or repairs in the future. Individuals hoping to purchase waterfront property should seek counsel before their purchase, to ensure their rights are protected and their family can enjoy the property for many years to come.
Attorney John R. Orton has been appointed to chair the Judicial Selection Steering Committee of the State Bar of Wisconsin, which is charged with developing and executing a plan to pass a constitutional amendment regarding the selection of Supreme Court justices in Wisconsin.
Despite a recommendation from the Guardian ad Litem for equal placement, Curran Law Office persuaded the Court that, based on the 16 statutory factors regarding placement, our client should receive primary placement of the parties' son.
In Adams-Friendship, Curran Law Office secured an award of custody and placement for a father who had been incarcerated for a number of years.
In a Monroe County Family Law action, Curran Law Office was successful in obtaining primary placement for our client and eliminating his child support obligation.
Despite a 20+ year marriage, Curran Law Office obtained a judgment which limited the maintenance obligation for our Wonewoc client to one year.
In a contested guardianship action, Curran Law Office assisted our Elroy client in obtaining permanent guardianship of her grandson.
Attorney John R. Orton was appointed to serve on the Strategic Planning Committee of the Wisconsin State Bar Board of Governors.
Curran Law Office negotiated a divorce settlement for our client from the city of Friendship which allowed the client to retain 100% of her Wisconsin Retirement System account, despite a long-term marriage.
Attorney Eric S. Johnson successfully defended his client in an easement dispute. Attorney Johnson's client owned recreational property in a rural area in Juneau County. Years before, his client had given a neighbor permission to drive across his land. The neighbor threatened to sue to obtain an easement - the right to permanently use the client's land to access his own land. A permanent easement would have reduced the value of the client's land. Attorney Johnson was able to convince the neighbor to drop his claim, without pursuing legal action.
Curran Law Office was successful in persuading the Adams County Circuit Court that 100% of our client's military pension should be exempt from division and solely awarded to him.
Attorney Peter Curran negotiated a resolution to an Adams County real estate dispute in which his client claimed sole ownership, and the other party claimed a one-half interest. Although the other party's contention was supported by the deed of record, the Court ruled that our client was the sole owner.
Attorney John R. Orton successfully settled a claim for timber trespass. The client's logging business in New London, Wisconsin, was accused of improperly cutting more timber than was authorized by the landowner. The case was dismissed.
Curran Law Office successfully transferred jurisdiction from Florida to Wisconsin of our Briggsville client's family law case.
Attorney Eric S. Johnson helped his client, an heir to a Juneau County probate estate, recover funds misappropriated by a Power of Attorney (POA) (a person empowered to manage the assets of another, during their lifetime). Attorney Johnson's client received notice that his relative had an estate with no money. This was surprising because the relative was known to have considerable assets. Attorney Johnson started an action to investigate the conduct of the POA, and uncovered suspicious transactions and secured the return of funds from the POA. Although POAs are a recommended estate planning tool, people considering their use must be careful to select trustworthy individuals to fill that role. Family members should be aware of their rights to contest the actions of someone abusing their relative's trust and to recover misappropriated funds.
Attorney Catherine C. Orton reminds estate planning clients of a soon-to-expire, unique charitable opportunity to have IRA assets directly transferred from their IRA to the charity of their choice, without the IRA assets ever being taxed to them. Specifically, this IRA Charitable Rollover provision of the Internal Revenue Code allows individual taxpayers at least 70 ½ years old to donate up to $100,000 from their individual retirement accounts directly to charitable nonprofits without having to treat the withdrawals as taxable income. This rollover provision is set to expire on December 31, 2013, unless Congress extends it. Attorney Catherine Orton can address any questions you may have on this unique planning opportunity to benefit your favorite charity.
Attorney Eric S. Johnson helped his client maximize the value of his real estate, an abandoned condominium development in Juneau County. The Declaration of Condominium (the legal document that creates a condominium development) divided the client's real estate into many unimproved lots. Separately, the small lots had little value. Attorney Johnson dissolved the condominium development, which cleared the way for his client to sell the real estate as a single large lot, for a substantially higher price.
Attorney Peter Curran, on behalf of the Village of Necedah, successfully prosecuted an "Operating While Intoxicated" case, resulting in a guilty verdict on all charges. The case was complicated by the fact that the defendant was driving under the influence of marijuana (THC), which was proven through expert testimony from the Wisconsin State Crime Laboratory.
Attorney Eric S. Johnson prepared an estate plan for an unmarried Wisconsin Dells client with a life partner. Estate plans for unmarried individuals in committed relationships must be carefully drafted with their unique needs and desires in mind. There is often a delicate balance to strike between a person's desire to provide for his/her life partner and the goal of keeping assets free from potential claims, should the relationship dissolve. Individuals in similar situations should also be advised regarding the option to register as "domestic partners," which confers benefits and obligations similar to (but legally distinct from) those conferred to married persons.
Attorney John R. Orton successfully settled a personal injury claim arising out of an automobile accident in Wisconsin Dells. The client suffered from whiplash-type injuries. The primary defendant's insurer, Germantown Mutual, paid its policy limits, and the plaintiff's insurer, Rural Mutual, paid additional "under insured motorist" benefits.
Attorney Catherine C. Orton was elected to a three-year term on the Board of Directors of the Wisconsin Historical Foundation, the funding arm of the Wisconsin Historical Society.
Attorney Catherine C. Orton completed two Irrevocable Life Insurance Trusts ("ILITs") for high net worth clients to benefit their heirs and to plan for potential federal estate taxes.
Curran Law Office accomplished a termination of parental rights, which allowed our client's husband to adopt her child, so that the parents could legally formalize their family unit in Hillsboro, WI.
Attorney John R. Orton settled a wrongful death case by recovering the policy limits from GEICO. The case arose out of an automobile rollover accident near Lyndon Station, Wisconsin.
As part of a contested trial, Curran Law Office's city of Adams client was allowed to move out of the state of Wisconsin to North Dakota, and still retain primary placement of her child.
Attorney Eric S. Johnson successfully negotiated the end to a dispute regarding a lease of farm land. Attorney Johnson's client, a large farming operation, had a farm lease with several years remaining in the term. The landlord attempted to evict Attorney Johnson's client by alleging multiple violations of the lease. Attorney Johnson convinced the landlord to drop all of its claims.
As part of a highly contested paternity case with 58 motions filed over an 18-month period, Curran Law Office secured a Custody Assessment Team recommendation in La Crosse County that awarded our La Crosse client primary placement of his minor child - a complete reversal of the family court commissioner's order a year earlier.
Attorney John R. Orton successfully settled a claim against Kohl's department store. A client from Baraboo, Wisconsin, was injured at the Kohl's store in Lake Delton when a shoe rack fell on the client.
Attorney Eric S. Johnson successfully settled a property line dispute. Attorney Johnson's client used portions of adjacent real estate for over 20 years, giving his client the right to own the real estate used through a claim called "adverse possession". The settlement agreement transferred full ownership to Attorney Johnson's client.
Attorney Eric S. Johnson assisted his client (a landlord) with the negotiation and preparation of two leases for commercial office space. The leases protected Attorney Johnson's client on critical issues, such as the payment of real estate taxes, payment of insurance premiums, damage to the property, limitations on alterations to the property, and limitations on the use of the property.
Attorney John R. Orton settled a claim involving three minors who were injured while riding in the front seat of a pickup truck, which collided with an oncoming car. The claim was complicated by the subrogation claims of the minor's health insurance, which ultimately reduced its claim by approximately 50%.
Attorney Peter J. Curran prepared Articles of Organization and an Operating Agreement for a Limited Liability Company (LLC) to assist in shielding his client from personal liability in the operation of the business.
Attorney John R. Orton has been elected to the Board of Governors of the State Bar of Wisconsin, representing the 7th District consisting of Adams, Juneau, Sauk, Columbia, Marquette, Waupaca, Waushara, Wood and Portage Counties. The Board of Governors is comprised of 52 members representing Wisconsin's 24,000 lawyers.
Attorney William T. Curran was one of six named this week to the Wisconsin Federal Nominating Commission. Curran was selected by Republican U.S. Sen. Ron Johnson, who worked with Democratic Sen. Tammy Baldwin in creating the commission. The commission is charged with naming candidates for the U.S. District Court for the Eastern and Western districts of Wisconsin, the U.S. Court of Appeals for the Seventh Circuit and federal attorneys for the state's Eastern and Western Districts.
Attorney Peter J. Curran successfully negotiated the dismissal of a traffic citation against his client, a truck driver with a Commercial Driver's License (CDL), thereby saving the client's job.
Attorney Eric S. Johnson won a Motion for Summary Judgment in a construction defect case. Attorney Johnson's client was a contractor that provided labor and materials for the remodeling of a home. After the remodeling job was completed, the homeowners sued Attorney Johnson's client claiming that the remodeling work was defective. By prevailing on the Summary Judgment Motion, Attorney Johnson dismissed all the claims against his client without the expense of a trial.
Attorney Thomas J. Casey stopped three separate garnishments for clients, two by filing Chapter 7 bankruptcies and one by commencing a Voluntary Amortization of Debts proceeding under Chapter 128 of the Wisconsin Statutes. The Chapter 128 proceeding (an alternative to filing bankruptcy) allows a client to pay their unsecured debts (i.e., credit cards, medical bills, etc.) over a period of three years without any additional interest being added and without any wages being garnished.
Attorney Eric S. Johnson successfully guided his clients through the process of purchasing a home in an exclusive Wisconsin Dells area subdivision. In order to determine whether the purchase was a sound investment, a detailed review of the subdivision's Declaration, Articles of Incorporation, Bylaws, Rules and financial statements was conducted.
After a 2-week jury trial, Attorney John R. Orton received a Verdict of $1,161,000 in Juneau County. Attorney Orton represented residents of Wisconsin Dells, in a claim against a trucking company and its insurer. The accident was caused when the semi driver passed a stopped vehicle, on the right, at an intersection. The semi "T-boned" the plaintiff's car as it completed a left turn from the opposite lane of travel. The Plaintiff suffered multiple broken bones and a traumatic brain injury (TBI). Attorney Eric S. Johnson served as co-counsel.
Attorney Eric S. Johnson assisted his clients with the sale of a condominium. Condominium sales are more complex than sales of other real estate, due to the additional requirements imposed by Chapter 703 of the Wisconsin Statutes. These requirements include additional disclosures regarding the condominium documents and that status of the condominium homeowner's association ("HOA").
Attorney Eric S. Johnson helped his client obtain a judgment for unpaid child support. Although the child support debtor attempted to conceal his income from the Court and Attorney Johnson's client, Attorney Johnson's investigation obtained the evidence needed to obtain a Judgment for back support plus attorneys fees. Attorney Johnson also persuaded the Court to calculate the child support obligation using the debtor's earning capacity, rather than his actual reported income. This more than doubled the monthly child support received by Attorney Johnson's client.
Attorney Eric S. Johnson guided his clients through the process of selling their real estate via a Land Contract (installment payments made over a number of years). Selling real estate using a Land Contract usually carries increased risk for the seller. Attorney Johnson helped his client minimize that risk by adding non-standard provisions to the Land Contract.
Curran Law Office successfully negotiated a settlement in an Adams County divorce action which will entitle our client to receive over $200,000 in maintenance payments.
Attorney John Orton helped the Village of Camp Douglas take the proper legal steps, under §66.0413 Wis. Stats. (General Municipality Law), to raze a dilapidated structure which had become a terrible eyesore in the Village.
Attorney Thomas J. Casey assisted a young married couple in saving their home from Sheriff's Sale by preparing and filing a Chapter 13 bankruptcy, allowing them to reinstate their regular monthly mortgage payments and save their home.
Through Mediation, Attorney John R. Orton was able to settle a claim against State Farm Insurance Company, in which our clients were injured while riding an ATV. The defendant's dog darted into the path of the ATV, causing the ATV to strike the dog and crash.
Curran Law Office successfully argued a UCCJEA motion in a jurisdictional dispute which established Wisconsin as the home state of our client's minor child. Although the opposition started custody and placement actions in two other states, the firm obtained full custody and placement rights for our client in Wisconsin.
Attorney Eric S. Johnson helped his client obtain legal guardianship over a parent, whose health was failing. The guardianship will allow Attorney Johnson's client to assist the parent with health care and financial decisions.
Attorney Catherine C. Orton drafted several Generation Skipping Tax-Exempt Trusts (GST Trust) for business clients to assist with their business succession plan and to reduce the amount of the clients' estates vulnerable to the Federal Estate Tax.
Attorney Eric S. Johnson provided advice and prepared the documents needed to transfer ownership of a large farming operation to the next generation. The documents included updates to a Partnership Agreement under Chapter 178 of the Wisconsin Statutes.
Attorney John R. Orton negotiated a substantial settlement for a client who suffered serious injuries in a head-on automobile accident. First, Attorney Orton obtained a quick settlement for the policy limits ($150,000) with the insurer of the defendant driver (Auto-Owners Insurance Company). Second, Attorney Orton successfully negotiated a reduction of the subrogated health insurer's claim, reducing the insurer's claim from $100,000 down to $25,000, thereby saving his client $75,000. Finally, Attorney Orton obtained an additional settlement of $200,000 of "underinsured motorists coverage" (commonly known as UIM coverage) from the client's own automobile insurer (Rural Mutual Insurance Company).
Attorney Eric S. Johnson assisted his client with the formation of a new business. This included preparing the documents for a Business Corporation under Chapter 180 of the Wisconsin Statutes. He also assisted his client with filing the documents to elect Subchapter S tax treatment with the IRS.
Attorney John R. Orton settled a significant claim against Auto-Owners Insurance Company. The defendant failed to yield the right of way, and pulled away from a stop sign into the path of the client's car. The case was complicated by the fact that the client's pre-existing diabetes caused her minor foot injuries to become serious medical problems. Attorney Orton successfully argued that the defendant was responsible for all the medical expenses arising out of the injury, even though the injury was made worse by the client's diabetes.
Attorney Eric S. Johnson prepared a residential lease for his client, a landlord. Attorney Johnson also provided advice on how to comply with the landlord-tenant laws in Chapter 704 of the Wisconsin Statutes and regulations promulgated by the Wisconsin Department of Agriculture, Trade, and Consumer Protection regarding renting. Attorney Johnson also counseled his client regarding the recent changes to the residential rental laws.
Attorney Eric S. Johnson helped his client, a municipality, obtain a Judgment declaring that his client was the sole owner of valuable real estate. Although the municipality had been using certain real estate for decades and had erected valuable improvements upon it, the Register of Deeds could not find any documents that confirmed the municipality owned the real estate. Despite searching for any owner holding a competing claim to the real estate, no such person was found. Attorney Johnson initiated an in rem legal proceeding, a procedure where the Court determines the status of a thing. The Court granted Attorney Johnson's Motion for Summary Judgment on his client's adverse possession claim.
Attorney Eric S. Johnson negotiated a favorable settlement for his client in a partition action. A partition action is a lawsuit authorized by Chapter 842 of the Wisconsin Statutes where the Court divides property with multiple owners (such as real estate) into separate shares of property for each owner.
Attorney Eric S. Johnson negotiated favorable changes to a complex construction contract on behalf of his client, a homeowner. The changes provided additional protections for Attorney Johnson's client in the construction of a lakefront home worth in excess of $1 million.
Attorney Peter J. Curran prepared Articles of Incorporation, Bylaws, and initial Resolutions to create a charitable nonprofit organization.
Attorney Catherine C. Orton drafted several Grantor Retained Annuity Trusts (GRATs) for business clients to take advantage of the low interest rates, to reduce the size of the grantors' estates for Federal Estate Tax purposes, and to assist with business succession planning.
Attorney Eric S. Johnson helped his client, a lakefront homeowners' association ("HOA"), successful resolve a dispute with a homeowner without the need to resort to a lawsuit. Although the homeowner owned two adjacent lots in a subdivision, the homeowner argued that he only had to pay HOA dues on a single lot because the homeowner recorded a Certified Survey Map ("CSM") describing the two lots as a single lot. Attorney Johnson persuaded the homeowner and his attorney that the homeowner must pay dues on both lots.
Attorney Eric S. Johnson prepared the documents to create a non-stock, not-for-profit corporation for a charitable organization pursuant to Chapter 181 of the Wisconsin Statutes.
Attorney John R. Orton settled a claim against Victoria Insurance Company for the policy limits, arising out of an auto accident, in which our client suffered a knee injury when the defendant ran a stop sign.
Attorneys Thomas J. Casey and Eric S. Johnson obtained a Judgment in Excess of $270,000. Attorneys Casey and Johnson represented a financial institution that loaned funds to a developer for a multi-million dollar project. The municipality where the project was located was also providing financing for the project in the form of TIF (tax increment financing) drafts. The developer and municipality agreed that the TIF drafts would be payable to both the financial institution and the developer, so as to provide collateral for the financial institution. Without informing the financial institution, the municipality paid the drafts solely to the developer, who went bankrupt. Attorneys Casey and Johnson won a motion for summary judgment requiring the municipality to pay their client the debt owed by the developer and their attorneys' fees.
Attorney John R. Orton successfully negotiated the settlement of a personal injury case for policy limits in which the Curran Law client suffered a knee injury in an automobile accident.
Adams County WI commenced eminent domain proceedings to acquire property along a county highway. Attorney John R. Orton successfully negotiated a substantial increase in the compensation paid by the County to an adjacent landowner.
Attorney John R. Orton helped a local family prosecute an out-of-state personal injury action venued in Iowa. Attorney Orton located Iowa counsel, and served as Wisconsin counsel, in resolving the case.
Attorney Eric S. Johnson won a Summary Judgment Motion in a collection lawsuit. Attorney Johnson's client, a person under 18, purchased a costly product. His client paid the first installment, approximately half of the purchase price. Before his client could pay off the remaining balance, the seller repossessed the product without the client's consent. Attorney Johnson obtained a judgment against the seller that required the seller to repay his client in full, awarded punitive damages to his client, and required the seller to pay Attorney Johnson's fees and costs.
Attorney John R. Orton settled a complicated personal injury case in which the Curran Law client was injured in a minor auto accident in the course of his employment. Due to an unknown pre-existing medical condition, the plaintiff's minor injuries became major injuries. The case involved multiple medical expert witnesses regarding the relationship between pre-existing injuries and injuries caused by the accident. Furthermore, the settlement required a complicated negotiation of the Worker's Compensation component, as well as the application of Medicare set aside rules.
Attorney Eric S. Johnson prepared Articles of Incorporation, Bylaws, and Resolutions for a charitable nonprofit organization. The Articles of Incorporation and resolutions brought the Corporation into existence. The Bylaws detailed how the Corporation would be governed.
Curran Law Office assisted an out-of-state resident with re-opening his traffic case and reducing his ticket, which kept him from losing his driving privileges.
Curran Law Office entered into a settlement agreement with the Juneau County Department of Human Services that prohibited our client's child from being adjudicated a child in need of protection and services, which kept the child in the home.
Attorney John R. Orton assisted the Wisconsin Dells Visitor & Convention Bureau, in conjunction with the City of Wisconsin Dells, in acquiring additional land for the expansion of the "Just A Game" field house.
Curran Law Office obtained a dismissal of petition for a restraining order against our client in Sauk County. After vigorous cross examination of the petitioner and his witnesses and a number of objections upheld by the Court, our client was able to avoid having an injunction entered against him. This victory allowed our client to keep his firearms and full hunting privileges.
Attorney Eric S. Johnson prepared Articles of Organization and an Operating Agreement for a Limited Liability Company. The documents limit his clients' personal liability for the operation of their business. Attorney Johnson also created a framework to guide his clients through issues regarding business governance, business succession, the sale of the business, and dividing profits and losses.
Curran Law Office obtained a dismissal of a petition for a restraining order against our client in Juneau County. This was accomplished by a motion to dismiss after the petitioner's case-in-chief, on the grounds that the petitioner did not meet the burden required by the statute.
Attorney John R. Orton settled a personal injury case for $68,800.00 involving an automobile accident in Wisconsin Dells which caused "whiplash" injuries.
Three families were injured at Woodside Ranch when horses stampeded and trampled the participants during a trail ride. Attorney John R. Orton, representing the plaintiffs, successfully defeated a summary judgment motion by the Ranch, which sought to evade liability (1) by operation of the Equestrian Immunity Statute and (2) by operation of a "Waiver of Liability" agreement signed by the participants. A trial has been scheduled for next year.
Attorney Catherine C. Orton recently drafted a "see-through" trust which permits an individual to protect his/her IRA or other employment benefit plan so their beneficiaries do not have the option of receiving it in a lump sum, which could be squandered. Instead, with the trust, following the death of the owner, the benefits are paid out to the beneficiary over the beneficiary's lifetime, while still enjoying tax-free compounding.
Curran Law Office successfully amended our client's Adams County citation for operating while intoxicated (OWI) to a non-OWI related civil forfeiture. The firm was able to convince the district attorney's office that the state did not have sufficient evidence to successfully prosecute the case.
Attorney Eric S. Johnson guided a Wisconsin Dells business through the process of selling its assets to a new owner and protecting his client in the event of a default by the new owner. Attorney Johnson prepared an installment contract, security agreement, and UCC financing statement.
Attorney Eric S. Johnson won a Motion for Summary Judgment in a real estate lawsuit. Attorney Johnson was representing a farmer who was purchasing additional farmland. After signing an Offer to Purchase, the seller refused to close the transaction. The judgment required the seller to transfer the farmland to attorney Johnson's client.
Attorney Eric S. Johnson represented his client in a divorce trial dealing with property division and maintenance. Attorney Johnson presented evidence and legal authority to overcome the presumption that property should be divided 50/50. Attorney Johnson's client was awarded substantially more property than half the estate. His client was able to keep a cherished lakefront cabin. Attorney Johnson also successfully argued that the other spouse should be denied maintenance.
Attorney Eric S. Johnson advised a Wisconsin Dells/Lake Delton business in a complex series of transactions. He helped his client purchase land by drafting an offer to purchase, deed, business note, and mortgage. He assisted with negotiations with his client's lender. He negotiated and prepared a long-term lease for a new Wisconsin Dells/Lake Delton attraction.
Attorneys Catherine C. Orton and Eric S. Johnson recently completed a Family LLC to manage and to transfer, over time, the ownership of a family lake home to the next generation. This planning technique permits the senior generation to retain control, while still passing part ownership to the next generation, thereby reducing the potential estate tax liability for the senior generation.
Attorney Eric S. Johnson prepared a WisPACT Trust. A WisPACT trust is a pooled trust that allows certain individuals entitled to government benefits to receive assets (from gifts, inheritances, etc.) without being disqualified from government benefits for having too much income or property.
Attorney Eric S. Johnson assisted a Wisconsin Dells restaurant in converting from a sole proprietorship to a Limited Liability Company (LLC) form of ownership. The conversion involved the preparation of Articles of Organization, an Operating Agreement, example minutes and resolutions, Certificates of Ownership, and beneficiary designations.
Curran Law client foreclosed upon and repossessed property on the shore of Lake Superior in Ashland. Attorney John R. Orton represented the client regarding a dispute with the City of Ashland over the ownership and maintenance of drainage facilities on the property.
Many personal injury cases are complicated by the payment of medical bills by Medicare or Medicaid. Attorney John R. Orton settled the Medicare subrogation lien in a personal injury case in which Medicare paid for the surgery to repair the client's broken arm.
Attorney Catherine C. Orton recently completed a GRAT (Grantor Retained Annuity Trust) to take advantage of the low interest rate and convey interests in a large family business to the next generation. The GRAT is an estate planning technique which reduces estate tax liability for the owner of the business.
Attorney Eric S. Johnson successfully guided his clients through the sale of their Sauk County mobile home park. He assisted them with negotiating with the buyers, working with the title company, and closing at the buyers' bank.
The Curran Law client was rear ended on Wisconsin Dells Parkway in the City of Wisconsin Dells. Attorney John R. Orton successfully settled his whiplash case for a significant sum.
Attorney John R. Orton resolved a zoning dispute with the City of Mauston, which resulted in the client being allowed to open a new warehousing business.
The Village of Camp Douglas, Wisconsin has completed the codification of most of its ordinances with the assistance of Attorney John R. Orton.
Attorney John R. Orton successfully settled a Vernon County case in which the Curran Law client was a passenger in an automobile when the driver accidentally fell asleep.
Curran Law client, a minor, received a dog bite to her face. Attorney John R. Orton negotiated a significant settlement from the dog owner.
In a complicated child support case, Curran Law Office successfully argued a motion in front of Juneau County Judge John Roemer to compel discovery to obtain financial information about the recipient of child support that our client was paying. This financial information, once collected, will be presented to the Court to explain why the child support paid by our client should be reduced.
Curran Law Office settled a paternity action out-of-court, obtaining primary placement for our client.
Curran Law Office successfully defended a motion to change placement, resulting in a Juneau County father retaining equal placement rights.
Attorney John Orton has completed his term on the Board of Directors of the Administrative and Local Government Lawyers Section of the State Bar of Wisconsin. Orton served two full 3-year terms (the maximum allowed), plus an additional year as the Past President.
Attorney Eric S. Johnson successfully guided a client through the process of selling the client's home, from initial negotiations through closing.
Curran Law Office became a member of the Board of Directors of the Columbia County Humane Society.
Attorney Eric S. Johnson won a trial to the Court where he defended a local charity against a wrongful termination claim filed by one of its employees.
Curran Law Office was successful in removing delinquent tenants from a Baraboo property owned by a Maryland bank before the necessity of a formal eviction process.
Curran Law Office successfully argued a motion to change venue in a Child Support action from Milwaukee County to Juneau County.
Attorney William T. Curran began service in June, 2011 in his second two-year term on the State Bar of Wisconsin's Board of Governors (BOG), representing the 7th district, which covers nine counties: Adams, Columbia, Juneau, Marquette, Portage, Sauk, Waupaca, Waushara and Wood. During his first term on the BOG, he was elected to the Executive Committee and also served on the Strategic Planning Committee, Policy Committee and Legislative Oversight Committee.
Attorney John Orton successfully concluded a personal injury case in which his client, a 10-year-old girl, suffered facial cuts and scars caused by a dog bite. The case was settled for a confidential amount before the commencement of litigation.
Attorney Eric Johnson successfully argued a motion to vacate a Satisfaction of Judgment. Not knowing the legal subtleties of "Satisfactions" and relying upon the misrepresentations of one of the debtors regarding its legal effect, the clients inadvertently filed the Satisfaction, which obliterated their Judgment against the debtors. The Court held that, given the filing was a mistake and the Judgment was not actually paid, the clients were entitled to have the Judgment reinstated.
Attorney Eric Johnson successfully argued a motion to exclude evidence in a Sauk County divorce matter. The issue was whether the Court should consider the client's potential interest in a Trust when dividing marital property. Judge Reynolds held that the client's potential interest in a Trust could not be counted against him when dividing the parties' marital property.
Attorney John Orton successfully settled the case of Passer v. Progressive Insurance Company on behalf of the Plaintiff, who was injured while crossing the street, during her morning walk, when she was struck by a vehicle making a left turn. The case settled during Mediation for a substantial confidential amount.
Attorney John Orton completed the first portion of the new Code of Ordinances for the Village of Camp Douglas. The Village adopted the new Code, which includes all new ordinances except for the Zoning Ordinance. The Village now plans to work with Attorney Orton to draft a new Zoning Ordinance which will be added to the new Code in the near future.
Attorney John Orton successfully settled a claim on behalf of business owners against the Village of Friendship arising out of special assessments levied by the Village for new sewer and water utilities. The business claimed that the assessments were unfair and unreasonable because the Village installed a water and sewer main in an alley to service the business, instead of installing a lateral pipe at a much lower cost. The case was settled after the filing of a formal Notice of Claim against the Village, but before the commencement of litigation. The settlement required the Village to reduce the assessment by 25% and to pay most of the business' attorney's fees.
Curran Law Office became a member of the Board of Directors of the Hope House of South Central Wisconsin, Inc.
Attorney John Orton completed work on the first Code of Ordinances for the Town of Lyndon. This new Code, which included a new Zoning Ordinance and a new Land Use Plan Ordinance (i.e. "Smart Growth" Plan), was adopted by the Town on February 10, after two (2) years of work.
Attorney Eric Johnson created a limited liability company to provide a framework for several co-owners to hold, manage and maintain a vacation home, as well as to provide accountability for shared expenses relating to the home.
Attorney Eric Johnson prepared documents to found a charter school.
Before the commencement of a lawsuit, Attorney John Orton successfully completed the settlement of a wrongful death claim in which the defendant's insurance company paid its policy limits of $150,000.
Attorney John Orton successfully completed a claim against Wal-Mart arising out of a trip-and-fall accident in a Wal-Mart parking lot. Our client was walking across Wal-Mart's parking lot when she accidentally stepped into a pothole, causing her to fall and injure her knee. The case was settled for $25,000 shortly after the commencement of litigation.
Attorney John Orton obtained a settlement in the case of Stephenson v. Juneau County. Mr. Stephenson was injured when his vehicle was struck by a Juneau County snowplow. The case was settled for a substantial undisclosed amount.
Attorney John Orton successfully concluded a personal injury case in which our client suffered a broken wrist in an ATV accident, caused by a dog which darted in front of our client's ATV, while traveling upon a State ATV trail. The case was settled for $25,000 before the commencement of litigation.
Attorney Fred D. Hollenbeck III and Attorney Eric Johnson successfully appealed the division of property in a divorce, gaining substantial additional assets for the client.
Attorney Catherine C. Orton and Attorney Eric Johnson guided their clients through the successful sale of a bar and restaurant.
Attorney John Orton successfully concluded the case of Hollman v. Town of Big Flats. Hollman sued the Town alleging that the Town had improperly attempted to vacate a Town road which services Hollman's property. The Town claimed that the road had never been established as a public highway. Attorney Orton successfully brought a Motion for Summary Judgment to establish that the road had been created in 1872, thereby shifting the burden of proof to the Town to establish that the road had been subsequently discontinued. Two weeks before trial, the Town stipulated to the entry of Judgment against the Town, declaring that the road was, in fact, a public highway.
Attorney John Orton obtained a successful settlement in the case of Hoem v. Town of Franklin, et. al. Wilma Hoem sued the Town of Franklin alleging that the Town breached its contract with her regarding the re-construction of a town road across her property. The Town had agreed to provide Hoem with all the dirt removed from the construction site, but during construction, numerous truck loads of dirt were delivered elsewhere. Initially, this case was dismissed on summary judgment, but Attorney Orton successfully appealed the case. The Court of Appeals agreed with Attorney Orton, reversed the trial court, and remanded the case for further proceedings. On the opening day of trial, the parties stipulated to the entry of Judgment in favor of Mrs. Hoem and against the Town in the amount of $35,000.
Attorney John Orton finished term as Chairman of Administrative and Local Government Lawyers Section.
Attorney William Curran elected to Executive Committee of State Bar.
Attorney Catherine Orton received IRS approval (tax clearance) in probate of multi-million dollar estate.
Attorney John Orton chaired CLE program at State Bar Convention.
Attorney John Orton received favorable verdict in a three-day civil jury trial.
Attorney William Curran was recognized as repeat selection by Wisconsin Super Lawyers (2008 and 2009).
Curran, Hollenbeck & Orton continues its AV rating with Martindale Hubbell for the 50th consecutive year.