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2017 News Archives

Westerberg Settles Case with DNR to Speed Improvements in Water Quality for Wisconsin Lake

Attorney Christa Westerberg recently settled a case to speed improvements in water quality for a Northern Wisconsin lake. As reported by the Wisconsin State Journal, Lac Courte Orielles near Hayward has suffered from excessive phosphorus that threatens the lake's prize muskie fishery. As part of the settlement, the Wisconsin Department of Natural Resources has agreed to initiate its rulemaking process to set a new phosphorus standard for the lake, the first step towards reducing phosphorus levels.

Pines Bach Wins Court Order for Supplemental Relief for Medicaid Providers

Professional Homecare Providers garnered another key victory in Waukesha County Court on February 14, following up on that court's ruling last September that the Department of Health Services may only recoup past payments to Medicaid providers if the Department cannot verify that the services were provided or if the Department determines that the amount paid was inaccurate or inappropriate for the services. On the Professional Homecare Providers' motion, brought by Attorney Diane Welsh, the court determined that the Department has failed to comply with the September order, violating its order and the injunction it imposed by continuing to pursue recoupments against individual nurses for prohibited reasons. As a result, the court issued a warning to the Department and ordered it to pay the providers' fees and costs for bringing the motion. Attorneys Susan Crawford and Aaron Dumas assisted in obtaining the supplemental relief sought by the Plaintiffs.

Crawford Co-authors Amicus Brief Suggesting Remedies in State Partisan Gerrymandering Case

Attorney Susan Crawford co-authored an amicus brief on behalf of the League of Women Voters of Wisconsin in Whitford v. Gill, in which the federal court found the redistricting plan enacted by the Wisconsin Legislature in 2011 to be an unconstitutional partisan gerrymander. The League's brief, filed on January 5, 2017, addresses the appropriate remedy for the violation and discusses procedures the Wisconsin Legislature could use to create a new redistricting plan that would avoid the extreme partisanship that led to the court's ruling. Read about it here.

Tamara Packard Earns Victory for Employee Rights

The Wisconsin Equal Rights Division has ruled that under Wisconsin's Family Medical Leave Act (WFMLA), the employer cannot impose use of WFMLA leave on the employee. Rather, it is the employee who decides whether and when to use medical leave under the WFMLA for a qualified illness or injury. Under the WFMLA, most Wisconsin employees are entitled to take up to a total of two weeks per year off work, unpaid, for their own or family members' serious medical conditions. They are protected from penalty (like write-ups and termination) for such absences.

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