In Maple Grove Country Club, Inc. v. Maple Grove Estates Sanitary District (2019 WI 43), the Wisconsin Supreme Court held that failure to comply with the notice of claim statute is an affirmative defense. If a party fails to set forth the affirmative defense in a responsive pleading, the defense is waived. Maple Grove Country […]
Maple Grove Country Club, Inc. v. Maple Grove Estates Sanitary District (Notice of Claim)
Date Wed, May. 8, 2019 - 12:11pm By Hamilton
Daniel v. Armslist, LLC (Communications Decency Act Liability)
Date Wed, May. 8, 2019 - 12:10pm By Hamilton
In Daniel v. Armslist, LLC (2019 WI 47), the Wisconsin Supreme Court held that the federal Communications Decency Act (CDA) prohibited liability claims against a website for publishing a third-party seller’s advertisement. The underlying claim is against Armslist.com, which connects arms buyers and sellers with each other. Radcliffe Haughton, who had been legally prohibited from […]
Cattau v. National Insurance Services of Wisconsin, Inc. (Pleading Standard)
Date Wed, May. 8, 2019 - 12:08pm By Hamilton
In Cattau v. National Insurance Services of Wisconsin, Inc. (2019 WI 46), a unanimous Wisconsin Supreme Court held that Data Key Partners v. Permira Advisers, LLC did not heighten the pleading standard in Wisconsin. However, the court was divided as to whether plaintiffs in this case stated a claim upon which relief could be granted. […]
Gov. Evers Requests Budget Corrections
Date Fri, May. 3, 2019 - 10:44am By Hamilton
The Joint Finance Committee (JFC) announced this week they plan to immediately remove 131 items from Gov. Tony Evers’s budget. Also this week, the Department of Administration sent a letter to the JFC co-chairs and a letter to the Legislative Fiscal Bureau detailing several corrections the governor requests to make in his proposed budget. The […]
JFC to Begin Budget Votes Next Week
Date Fri, May. 3, 2019 - 10:39am By Hamilton
The Joint Finance Committee (JFC) will meet for its first executive session of the 2019-21 state budget process on May 9. JFC will begin by removing a list of items from Gov. Tony Evers’s proposed budget, then taking up 15 relatively non-controversial agency sections. A letter from JFC co-chairs Sen. Alberta Darling (R-River Hills) and […]
Tip McGuire to Replace Barca in AD 64
Date Fri, May. 3, 2019 - 10:24am By Hamilton
Democrat Tip McGuire won the special election on April 30 to replace former Rep. Peter Barca in Assembly District 64. Gov. Tony Evers appointed Barca Department of Revenue secretary earlier this year. McGuire beat Republican Mark Stalker 62 percent to 38 percent in the general election after winning the three-way Democratic primary for the seat […]
Assembly Republicans Announce Environmental and Energy Proposals
Date Wed, May. 1, 2019 - 11:27am By Hamilton
Assembly Republicans recently announced a package of several environmental and energy proposals, including state support for electric vehicle charging stations and renewable energy rebates. Language of the proposals has yet to be introduced. Rep. Adam Neylon (R-Pewaukee) said funding for the proposals would come entirely from existing revenue. Below are details on the proposals. […]
EPA Releases Draft Interim PFAS Recommendations
Date Wed, May. 1, 2019 - 11:22am By Hamilton
The federal Environmental Protection Agency (EPA) has released draft preliminary guidelines for PFOA and PFOS. The interim recommendations follow EPA’s PFAS Action Plan announced earlier this year. PFAS (per- and polyfluoroalkyl substances), including PFOA and PFOS, are manufactured chemicals that are found in many everyday products, including nonstick pans, cleaning products, paints, and firefighting foam. The interim EPA […]
Legislature to Intervene in Act 21 Cases
Date Wed, May. 1, 2019 - 11:17am By Hamilton
The Legislature’s Joint Committee on Legislative Organization has voted to intervene in two cases addressing the application of 2011 Act 21. The 2011 legislation clarified that agencies may not enforce requirements unless explicitly permitted by statute or properly promulgated rule. The two cases, both titled Clean Wisconsin, Inc. v. DNR, would clarify the general scope […]
Second MU Poll of Evers’s Term Shows Voter Opinions on Gov., Legislature, Budget Ideas
Date Fri, Apr. 19, 2019 - 9:26am By Hamilton
Marquette University (MU) Law School has released its second poll of 2019, analyzing voter opinions on the governor, the legislature, national politicians, and policy issues. The April 10 poll surveyed 800 Wisconsin voters from April 3-7. Overall, voters who believe Wisconsin is going in the right direction were down to 52 percent, from 57 percent […]