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Litigation

Daily Bread for 5.28.24: Wisconsin’s Act 10 Collective Bargaining Restrictions Back in Court

Good morning.

Tuesday in Whitewater will be partly sunny with a high of 68. Sunrise is 5:20 and sunset 8:24 for 15h 04m 02s of daytime. The moon is a waning gibbous with 73.53 percent of its visible disk illuminated.

The Whitewater School Board goes into closed session shortly after 5 PM and returns to open session at 7 PM. Whitewater’s Finance Committee meets at 5 PM and the Whitewater Common Council at 6:30 PM.

On this day in 1837, the first steamer to visit Milwaukee, the James Madison, arrives.

On this day in 1987, an 18-year-old West German pilot, Mathias Rust, evades Soviet air defenses and lands a private plane in Red Square in Moscow.


Scott Bauer reports Wisconsin judge to hear union lawsuit against collective bargaining restrictions (‘A Wisconsin judge is expected to weigh a union lawsuit against collective bargaining restrictions’):

A law that drew massive protests and made Wisconsin the center of a national fight over union rights is back in court on Tuesday, facing a new challenge from teachers and public workers brought after the state’s Supreme Court flipped to liberal control.

The 2011 law, known as Act 10, imposed a near-total ban on collective bargaining for most public employees. It has withstood numerous legal challenges and was the signature legislative achievement of former Republican Gov. Scott Walker, who used it to mount a presidential run.

The law catapulted Walker onto the national stage, sparked an unsuccessful recall campaign, and laid the groundwork for his failed 2016 presidential bid. It also led to a dramatic decrease in union membership across the state.

If the latest lawsuit succeeds, all public sector workers who lost their collective bargaining power would have it restored. They would be treated the same as the police, firefighter and other public safety unions who remain exempt.

No one should be surprised. From conservatives nationally in federal courts and the center-left statewide in Wisconsin courts, re-litigation has become the order of the day.


X2.9 flare. Sunspot AR3664 returns with major eruption, spits fire:

Daily Bread for 4.30.24: Another Product of Wisconsin’s Cottage Industry in Election Conspiracists

Good morning.

Tuesday in Whitewater will be sunny with a high of 72. Sunrise is 5:48 and sunset 7:55 for 14h 07m 21s of daytime. The moon is a waning gibbous with 60.2 percent of its visible disk illuminated.

On this day in 1789, on the balcony of Federal Hall on Wall Street in New York City, George Washington takes the oath of office to become the first President of the United States.


One person can make a difference, for good or ill. For ill (where ill means filing lawsuits with bogus allegations of fraud), one such person would be Peter Bernegger. Alice Herman reports How one Wisconsin man plagued election offices and stoked mistrust (‘Peter Bernegger has brought at least 18 lawsuits against election clerks and offices over alleged fraud – now he faces criminal charges’):

Peter Bernegger has spent the last three and a half years bombarding local election offices in Wisconsin with litigation and accusations of fraud. He’s brought at least 18 lawsuits against election clerks and offices in state court, and on social media, he has relentlessly promoted his litigation and circulated false claims about election fraud in the swing state.

His campaign has recently landed him in legal trouble – Bernegger now faces criminal charges for allegedly falsifying a subpoena in connection with a lawsuit against the state’s top election office.

It’s an escalation for the 61-year-old activist from New London, Wisconsin, who according to court documents, interviews with election officials and emails obtained by the Guardian, has drained election offices of already-limited resources and stoked mistrust in the electoral process in his years-long quest to uncover election fraud.

In the universe of activists who dispute the results of the 2020 election and have spent years searching for evidence of widespread voter fraud, Bernegger’s star power is small. He has not served on a Trump campaign team, no high-powered conservative law firms have taken on his cases and his media appearances are mostly relegated to interviews with fringe podcasts on the rightwing YouTube alternative Rumble.

But his efforts prove that in a country where election offices are chronically underfunded and heavily scrutinized, a single, relatively unknown person can exercise an outsize, and detrimental, impact on election administration.

In response to a request for comment, Bernegger did not address the claims raised in this article except to call them “false and misleading” and potentially defamatory.

A few people have spent a great deal of time pushing election conspiracies in this state (Michael Gableman most infamously), that, as a consequence, have taken up a lot of others’ time. Bernegger is one of them.


3 zebras captured, 1 loose after escaping trailer in Washington State along I-90:

Daily Bread for 3.20.24: A Legal (and Free Market) Victory Against the National Association of Realtors®

 Good morning.

The first full day of Spring in Whitewater will be sunny with a high of 40. Sunrise is 6:55 and sunset 7:08 for 12h 13m 11s of daytime. The moon is a waxing gibbous with 81.3 percent of its visible disk illuminated.

Whitewater’s Parks & Recreation Board meets at 5:30 PM

On this day in 1815, after escaping from Elba, Napoleon enters Paris with a regular army of 140,000 and a volunteer force of around 200,000, beginning his “Hundred Days” rule.


 

For generations, the National Association of Realtors® has controlled (as though it were part monopoly, part cartel) the process of buying and selling homes. That control has now come to an end with much of the credit going to a personal injury lawyer in Missouri and his five clients. 

The end of the Association’s stranglehold on the housing market is a legal victory that’s brought about a free-market victory for buyers and sellers. See Powerful Realtor Group Agrees to Slash Commissions to Settle Lawsuits (‘The National Association of Realtors will pay $418 million in damages and will amend several rules that housing experts say will drive down housing costs’) and Five Ways Buying and Selling a House Could Change (‘The National Association of Realtors has agreed to change its policies to settle several lawsuits brought by home sellers — a move that could reduce commissions’). 

These changes won’t solve housing shortages in Whitewater or other small towns, but they will benefit buyers and sellers across the nation in reduced commissions. (America has had among the highest commission fees in all the developed world.)

Well, done, Missouri attorney Michael Ketchmark and clients. You’ve helped all the nation end entrenched, expensive, anti-competitive practices. 


Notre Dame Cathedral could reopen at the end of 2024 as new spire emerges:

Daily Bread for 9.4.22: Wisconsin Lawyers Under Fire for Efforts to Overturn the 2020 Election

Good morning. Sunday in Whitewater will see a mix of clouds and sunshine with high of 70. Sunrise is 6:23 AM and sunset 7:23 PM for 12h 59m 32s of daytime.  The moon is a waxing gibbous with 59.4% of its visible disk illuminated.  On this day in 476, Romulus Augustulus is deposed when Odoacer proclaims…

Daily Bread for 8.9.22: The Alex Jones Verdict

Good morning. Tuesday in Whitewater will be mostly sunny with a high of 77. Sunrise is 5:55 AM and sunset 8:04 PM for 14h 08m 55s of daytime.  The moon is a waxing gibbous with 90.4% of its visible disk illuminated.   Whitewater’s Public Works Committee meets at 6 PM.   On this day in 1974, as a direct…

Daily Bread for 6.12.22: What Depp v. Heard May Mean for #MeToo

Good morning. Sunday in Whitewater will be partly sunny with a high of 74. Sunrise is 5:15 AM and sunset 8:34 PM for 15h 18m 18s of daytime.  The moon is a waxing gibbous with 94.5% of its visible disk illuminated. On this day in 1899, the New Richmond Tornado devastates that small Wisconsin community: On…

Daily Bread for 10.15.21: From UW-Whitewater’s Administration, Too Many and Too Few Words

Good morning. Friday in Whitewater will be cloudy with a high of 55.  Sunrise is 7:09 AM and sunset 6:11 PM for 11h 01m 35s of daytime.  The moon is a waxing gibbous with 74.4% of its visible disk illuminated.  On this day in 1956, FORTRAN, the first modern computer language, is first shared with the…

Daily Bread for 10.12.21: Parent of sick student sues after Waukesha School District ends many pandemic mitigation efforts

Good morning. Tuesday in Whitewater will be partly sunny with a high of 69.  Sunrise is 7:06 AM and sunset 6:16 PM for 11h 10m 01s of daytime.  The moon is a waxing crescent with 42.1% of its visible disk illuminated.  Whitewater’s Finance Committee meets at 4:30 PM, and the city’s Public Works Committee meets at…

Daily Bread for 10.8.21: Ex-student Stephanie Vander Pas sues for failure of UW-Whitewater to protect her and others from sexual harassment by former chancellor’s husband

Good morning. Friday in Whitewater will see scattered showers with a high of 72.  Sunrise is 7:01 AM and sunset 6:22 PM for 11h 21m 22s of daytime.  The moon is a waxing crescent with 5.6% of its visible disk illuminated.  On this day in 1871, fire destroys Peshtigo, Wisconsin: Peshtigo, Wisconsin was devastated by a…

Private Developer Sues Foxconn, Others Over Failure to Build as Promised

Richard Torres reports Lawsuit says Foxconn’s failure to create a high-tech screen plant cost local governments hundreds of millions of dollars: Foxconn Technology Group is in breach of contract for failing to construct a high-tech screen plant in Mount Pleasant, while local governments spent hundreds of millions of dollars to prepare for the project, according to…

Demand Letters

A demand letter is an attorney’s formal request on behalf of a client for either money or action from a third party. Demand letters can be sent before or after a lawsuit is filed. Although these letters typically demand an amount of money, they can also ask for actions including apologies or retractions for a…