Pandemic Powers: Wisconsin's State of Emergency
The COVID-19 Pandemic renewed the debate over state powers and their limits, specifically state emergency action. In Wisconsin, resident Jeré Fabick sued Governor Tony Evers for his repeated extension of the statewide emergency declaration. Fabick v. Evers, decided at the WI Supreme Court, offers a fascinating exploration of taxpayer standing doctrine as well as the limits on an executive’s power in times of crisis.
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Managing Partner, Cramer Multhauf LLP
Attorney Matthew Fernholz focuses his practice on commercial litigation, trust and fiduciary disputes, business torts, trade secrets, non-compete agreements, defamation, and appellate work. In addition, he has developed one of the preeminent political and election law practices in the State of Wisconsin, and has handled several high-profile matters, from representing candidates for statewide office, successfully challenging the Governor’s emergency powers, arguing before the Wisconsin Elections Commission, and representing the Speaker of the Assembly.
Matthew frequently and successfully tries cases to verdict, and believes a lawyer unwilling to try a case should not take on a client in a litigation matter. In addition to this trial work, he has handled dozens of appeals, and countless dispositive motions.
His work has also been published in law review journals and newspapers alike.
Senior Partner, Pines Bach LLP
Lester Pines is a Senior Partner in the firm.
A Fellow of the American College of Trial Lawyers, he is a respected civil and criminal litigator and appellate advocate. In his over 40 years of practice, he has appeared in trial and appellate courts throughout Wisconsin, in numerous federal district courts, and before the federal 7th Circuit Court of Appeals. After a recent trial, one of Lester’s clients wrote:
"Seeing you in action was like watching an artist create a classic painting from a blank canvas but instead of paint you used facts, figures and, most importantly, words to achieve a masterpiece in the courtroom."
His wide-ranging civil trial practice encompasses commercial claims, employment disputes, constitutional and civil rights matters, personal injury and intellectual property cases. His criminal defense work has involved many high profile cases, especially involving teachers, police officers and other public employees. He is counsel to Madison Teachers Inc., which represents the employees of the Madison Metropolitan School District.
Recently, Lester was featured in a cover story in Isthmus, a Madison weekly newspaper, " Activist Attorney – Lester Pines draws on faith and family in his practice and beyond."
Recent challenges to the constitutionality of newly enacted laws that Lester brought on behalf of his clients include:
Previously, in cases in which he was appointed by former Wisconsin Governor Jim Doyle, Lester defended Wisconsin’s law creating domestic partnerships for same sex couples and stopped an attempt by then Attorney General J.B. Van Hollen to suppress voting in the 2008 Presidential election.
Among the many cases Lester has argued before the Wisconsin Supreme Court, two in particular have shaped Wisconsin law. In 2010 he represented the Zurich American Insurance Company inMiller v. Hanover Insurance, securing the reversal of a $2,000,000 default judgment against his client and achieving a significant change in Wisconsin law regarding relief from such judgments. In an original action in 1996, he successfully argued the case of Thompson v. Craney, which delineated the constitutionally vested powers of the State Superintendent of Public Instruction and protected them from being altered by the Legislature, which the Wisconsin Supreme Court reaffirmed in 2016 in Coyne v. Walker.