by LKG Team | Mar 5, 2020 | Cases
The Wisconsin Supreme Court recently clarified that noncompliance with the notice of claim statute is an affirmative defense and not a jurisdictional prerequisite to filing suit.1 When defending a government agency, such as a municipality or its employees, it is...
by LKG Team | Jan 27, 2020 | Civil Rights
Failing to exhaust one’s administrative remedies is a prevalent affirmative defense in prisoner civil rights litigation. The Prison Litigation Reform Act (“PLRA”) states that “[n]o action shall be brought [under 42 U.S.C. § 1983 or any other federal law]…until such...
by LKG Team | Dec 27, 2019 | LKG News
Attorneys Samuel J. Leib, Douglas S. Knott and Sean M. Gaynor were each individually selected through a peer review process as Wisconsin Super Lawyers in the field of medical malpractice defense. Each attorney has been awarded this honor annually since becoming...
by LKG Team | Mar 1, 2019 | Medical Treatment, Seventh Circuit
In Miranda v. Cty. of Lake, 900 F.3d 335 (7th Cir. 2018), the Seventh Circuit held that denial of medical treatment claims by pretrial detainees are no longer subject to the deliberate indifference standard but are to be analyzed under an objective reasonableness...
by LKG Team | Feb 15, 2019 | Abuse, Reporting Duties
There are certain instances or occurrences that trigger a doctor, nurse or other health care provider to make a report to a Wisconsin department or agency, or directly to law enforcement. It is important for these professionals to know and abide by these reporting...
