Heath Straka is a partner at Gingras, Cates & Wachs. His practice focuses on personal injury, medical malpractice, bad faith insurance claims and also complex litigation and class actions involving wage and hour violations. Heath received his law degree from the UW Law School in 2000. He has litigation experience in the State and Federal Courts of Wisconsin and has practiced in the successful resolution of numerous Civil Rights and Personal Injury cases. Heath has successfully argued two cases in front of the Wisconsin Supreme Court, both involving medical malpractice; Otto v. PIC and Bubb v. Brusky, et. al. As a member of the Wisconsin Association for Justice, Heath serves as President of the Wisconsin Association for Justice and is past chair of the Program Committee and New Lawyers Section.
Concussions in Amateur Sports: the Evolving Standard of Care
Prof. Paul Anderson
Synopsis: This presentation will provide an overview of the most recent research related to the legal issues surrounding concussions in youth and high school sport. Through an analysis of the cases related to head trauma in sport, state and federal attempts to regulate and mandate return to play rules related to concussions, policies of athletic associations, and research related to the affects and impact of concussions on youth sport participants, I hope to provide an overview of the legal issues related to establishing liability for sport concussions.
Prof. Anderson is the Director of the National Sports Law Institute of Marquette University Law School where he is an Adjunct Professor of Law. Prof. Anderson founded the Institute's Sports Law Alumni Association and serves as its Chair. He is a co-faculty advisor to the Marquette Sports Law Review; faculty advisor to the Sports Law and Entertainment Law Societies; faculty advisor to the Entertainment Law Moot Court Team; and co-faculty advisor to the Sports Law Moot Court, Negotiation, and Baseball Arbitration Teams. He the Coordinator of the Speakers from Practice Series at Marquette University Law School. Prof. Anderson teaches or has taught "The Law of Amateur Athletics," "Entertainment Law," seminars in "Sports, Law & Society," and "Selected Topics in Sports Law," workshops in "Amateur Athletics," "Legal and Business Issues in Collegiate Athletics," and "Legal Issues in Youth, High School and Recreational Sports," and "Topics in Advanced Legal Research - Sports Law."He has also guest lectured in several courses including "Sports Venues: From Election Day to Game Day," and several economics of sports courses in Marquette's College of Business.
9:45 to 10:00 AM Break with Exhibitors
10:00 am to 10:30 AM
Vestibular PT: The Treatment that Rocky Balboa Could Have Used
Synopsis: Physical Therapy Evaluation & Treatment of Balance and Dizziness Disorders.
Bridget Kulick, PT, Aurora Rehabilitation Services, Green Bay
Bridget earned a Masters Degree in physical therapy from Hahnemann University in Philadelphia in 1990.
She treats virtually all types of physical conditions, and she specializes in the evaluation and treatment of balance and dizziness disorders (called “vestibular rehab”). Bridget joined Aurora BayCare Medical Center (Green Bay) in 2003. She is the Lead Therapist in the Outpatient Physical Therapy Department.
Bridget has physical therapy experience in a wide variety of settings including hospitals, private practices, home healthcare and nursing homes. She is a frequent lecturer to physicians, healthcare professionals and the general public about balance and dizziness disorders, and she teaches vestibular related graduate physical therapy courses. She was a Board Member of VEDA (Vestibular Disorders Association) for 6 years, and she is an active member of a community-wide falls prevention advisory panel.
Attorney Jason Wied
Occupiers and Agents: Defining the limits of recreational immunity.
Attorneys Susan R. Tyndall & Christopher A. Duesing
Synopsis: Wisconsin Stat. § 895.52 extends recreational immunity to owners and occupiers of land as well as their officers, employees and agents. The Wisconsin Supreme Court has provided definition to those terms in recent cases by assessing whether an independent contract qualified as an “occupier” or “agent” entitled to immunity while working on a charitable institution’s grounds in Westmas v. Creekside Tree Serv., Inc., 2018 WI 12; and whether the owner and operator of a hot air balloon providing tethered rides at a charitable event qualified as an occupier, or its hot air balloon as a “structure,” in Roberts v. T.H.E. Ins. Co., 2016 WI 20, 367 Wis. 2d 386, 879 N.W.2d 492. Our discussion will review the scope of recreational immunity, particularly considering how the courts have defined the statutory terms in different factual contexts.
Susan Tyndall is a shareholder at Habush Habush and Rottier Her practice is focused in the areas of insurance coverage and appellate practice. Ms. Tyndall has argued numerous cases in the United States Court of Appeals (Seventh Circuit) as well as all Wisconsin appellate courts. She is a former member of the Appellate Practice Section Board of the State Bar of Wisconsin and served on its board from 2003-2010, including serving as Program Chair from 2006-2008 and as Chair of the Section in July 2008-July 2009. She was the founding editor of the Civil Trial Counsel of Wisconsin’s Wisconsin Civil Law Journal and served as its editor from its founding in 2003 to 2006, receiving its first “Editors Award” in 2006. She has also been recognized as a Super Lawyer every year since 2006.
Chris Duesing is a lifelong resident of Wisconsin and currently lives in Burlington with his wife, Lisa, and their two children. He received his juris doctor degree with honors from Drake University in 1995. Since then, his practice has been in the area of civil litigation with a primary focus on personal injury cases including motor vehicle accidents, boating accidents, injuries from animals, contractor negligence, slip and fall accidents and other third party liability claims. Mr. Duesing has conducted several jury trials throughout Wisconsin and has been certified as a Civil Trial Specialist by the National Board of Trial Advocacy since 2007.
12:00-1:00 PM: Lunch Buffet
New Lawyers Lunch Meeting Paralegal Group Lunch Meeting
Panel: Current Issues in Sports Law
Attorney Jason Wied & Prof. Paul Anderson Moderated by Kristin Cafferty & Peter Young
2:00- 2:30 PM
Hail Mary Cases: Practice tips from 30 years of trying to complete the long pass.
Steven Botzau is the managing attorney in Habush Habush & Rottier's Racine and Kenosha offices. He also serves on the firm’s executive and advertising committees. Mr. Botzau is a member of several professional organizations including the Racine and Kenosha Bar Associations. Mr. Botzau served on the Board of Directors and as President of the Racine County Bar Association in 2003-2004. He was certified as a civil trial specialist in 1997 by the National Board of Trial Advocacy and recently was selected for exclusive membership in the American Board of Trial Advocates. Mr. Botzau has over 100 civil jury trials.
2:30 to 2:45: Break with Exhibitors
2:45 -3:00 PM
Plaintiffs’ lawyers now must give notice of a claim before it exists?
Attorney William C. Gleisner, III
Synopsis: Is an insured required to give notice of an underinsured motorist (UIM) claim before the insured even has a right under the policy or law to present that claim? The Court of Appeals said yes in the case of Shugarts v. Allstate Property and Cas. Ins. Co., 2017 WI App 27, 375 Wis. 2d 225, 894 N.W.2d 443. In that decision, the Court of Appeals created such an obligation and, incredibly, imposed the harsh sanction of forfeiture of UIM benefits on the Shugarts for failing to follow this newly-minted notice requirement. WAJ filed a Wis. Stat. §809.19(7)(b) brief in support of the Shugarts Petition for Review of that decision by the Supreme Court. The Supreme Court accepted the Petition and WAJ has now filed a Brief Amicus Curiae in support of the Shugarts in the Supreme Court co-authored by Ed Robinson, Bill Gleisner, Lynn Laufenberg and Mark Thomsen. A copy of that Amicus Brief is included with our materials. Shugarts’ Counsel, Attorney Harry Hertel, and WAJ’s Ed Robinson, handled the oral argument of Shugarts before the Supreme Court on January 9, 2018. As of the date this is being written, the Supreme Court has not issued a decision.
William C. Gleisner III is a 1974 graduate of the Marquette University Law School. Mr. Gleisner was Chair of the Amicus Curiae Committee of WATL/WAJ from 2000 until 2007 and has authored or coauthored numerous briefs on behalf of WATL/WAJ in the Wisconsin Court of Appeals and Supreme Court. In 2005 he was the recipient of the “Robert L. Habush Trial Lawyer of the Year” Award. He has served on the Wisconsin Judicial Council since 2008. As a member of the Council, he was one of the principal drafters of Wisconsin’s e-discovery rules. With Marquette Law School Professor Grenig, he co-authored a treatise in 2005 entitled eDiscovery & Digital Evidence, which continues today to be one of the leading national e-discovery treatises of the Thomson Reuters Company.
3:00 to 3:15 pm
Upon Further Review: Wisconsin Supreme Court Rule Petition No. 16-02A and Changes to Wisconsin’s Rules of Evidence
Attorney Scott M. Butler Synopsis: A discussion on Wisconsin Supreme Court Rule Petition No.16-02A and changes to amend Wis. Stats. § 901.07 (Remainder of or related writings or recorded statements), §906.08 (Evidence of character and conduct of witness), and §906.09 (Impeachment by evidence of conviction of crime or adjudication of delinquency), and to create Wis. Stat. §906.16 (A new “bias rule”).
Scott M. Butler is a partner at Fitzpatrick, Skemp & Associates, LLC, in La Crosse, Wisconsin. Prior to working for Fitzpatrick, Skemp & Associates, LLC he was the Judicial Law Clerk and Small Claims Mediator for La Crosse County. He graduated from the University of Wisconsin-La Crosse in 2007 and from the Marquette University Law School in 2010. Scott primarily practices in the areas of personal injury and workers’ compensation. He is on the Board of Directors for the Wisconsin Association for Justice and a member of the American Association for Justice and the La Crosse County Bar Association.
3:15-4:15 PM: 1.0 Ethics Credit
Attorneys Stacie H. Rosenzweig & Jeremy P. Levinson, Halling & Cayo, S.C.
Stacie H. Rosenzweig focuses her practice on civil litigation, including insurance defense, coverage, and fraud; securities fraud; consumer law; and professional responsibility defense. She is also experienced in employment law, including wage and hour, employment discrimination, and restrictive covenants, on both the employer and employee side. She represents clients through the entire litigation process, including depositions and discovery, alternative dispute resolution, motion practice, trials, and appeals.
Jeremy Levinson focuses on Civil, White Collar, and Administrative Litigation; crisis management; political law; and the defense of regulated professionals. His clients include: businesses, owners, officers and directors / political organizations, public officials and institutions / regulated professionals including attorneys, judges, financial, and medical professionals. His practice has involved the representation of clients spanning the spectrum from the most vulnerable to the well-known and powerful. Jeremy emphasizes strategies fine-tuned to each client’s unique interests and needs.
Paralegal Breakout Session:
2:00- 3:00 PM
Paralegal Best Practices
Angelique Imm, Beaver Dam
Elizabeth Cooney, Milwaukee
Paralegal Section Chairs
Included with Registration:
Weblink to Seminar Materials
Break Refreshments & Snacks
Hard Copy Seminar Materials:
Member Pricing: $49
Non-Member Pricing: $150
Minnesota: Credits Pending
Paralegal Association of Wisconsin:Credits Pending
Preferred Capital Funding http://www.preferredcapitalfunding.com
Skogen Engineering Group, Inc. www.skogen.com
Premier Settlement Services, Inc. www.plaintiffbroker.com
Cancellation & Substitution Policy
Attendee substitutions may be made at any time and are encouraged when the original registrant cannot attend. If you must cancel or reschedule, please notify us at least three (3) business days (or 72 hours) prior to the program to receive a refund less a $15 service charge. Cancellations made less than 3 business days prior to the program will incur the full registration cost.