After the Legislature met for floor sessions in early November, Gov. Tony Evers signed almost 50 new bills into law. Gov. Evers also vetoed several bills that the Legislature had passed and sent to him for review. Signed Into Law Critical infrastructure: On Nov. 20, Gov. Evers signed into law as 2019 Act 33 […]
Signed Into Law: Bills on Notice of Claim, Pleading Procedures
Date Tue, Dec. 3, 2019 - 12:45pm By Hamilton
On Nov. 20, Gov. Tony Evers signed into law two bills making changes to Wisconsin procedures for service of certain documents. The bipartisan bills, authored by Rep. Ron Tusler (R-Harrison) and Sen. Fred Risser (D-Madison), passed the Legislature earlier in November. AB 58 allows personal service of a notice of claim against a state, officer, employee, or […]
Bills of Note: Additional Circuit Courts
Date Tue, Dec. 3, 2019 - 12:41pm By Hamilton
On Nov. 12, the Wisconsin Assembly passed a bill that would add an additional 12 circuit court branches to the state. Specifically, Assembly Bill 470 would allow the director of state courts to add a total of 12 circuit court branches – four each year beginning in 2021. Counties would have to have passed a […]
Supreme Court Candidates Debate at Forum
Date Tue, Dec. 3, 2019 - 12:38pm By Hamilton
On Nov. 19, all three candidates running in the spring Wisconsin Supreme Court election met for the first forum of the campaign. The winner of the spring election will serve a ten-year term beginning in 2020. Two candidates – Dane County Circuit Court Judge Jill Karofsky and Marquette University Law School professor Ed Fallone – […]
Village of Mishicot v. Arseneau (Fourteenth Amendment – Selective Prosecution)
Date Tue, Dec. 3, 2019 - 12:33pm By Hamilton
In Village of Mishicot v. Arseneau (2019AP541), the Court of Appeals District II found that the village did not violate its resident’s Fourteenth Amendment rights by selectively prosecuting her for violation of a floodplain ordinance. Defendant Jodi Arseneau wanted to repair and expand a storage shed on her property, but the state Department of Natural […]
Warrington v. City of Prairie du Chien (Recreational Immunity)
Date Tue, Dec. 3, 2019 - 12:32pm By Hamilton
In Warrington v. City of Prairie du Chien (2019AP95), the Court of Appeals District IV held that recreational immunity applied, barring parents’ claim that the city was negligent in their son’s drowning during a swim lesson. The Warringtons’ son died after drowning at the City of Prairie du Chien pool during a swim lesson run […]
Eagle Cove Camp & Conference Center, Inc. v. County of Oneida (Zoning)
Date Tue, Dec. 3, 2019 - 12:31pm By Hamilton
In Eagle Cove Camp & Conference Center, Inc. v. County of Oneida (2018AP940), the Court of Appeals District III held that claim preclusion barred most of the plaintiff’s claims against the County and the Town of Woodboro, and the court awarded the Town damages because the action was frivolous. Eagle Cove sought a conditional use […]
Superior Water, Light & Power Co. v. London Market Insurers (Environmental Contamination Coverage)
Date Tue, Dec. 3, 2019 - 12:28pm By Hamilton
In Superior Water, Light & Power Co. v. London Market Insurers (2018AP1926), the Court of Appeals District III found that an insurance policy’s provision on coverage for environmental contamination was ambiguous. Several insurance companies (referred to by the court as London Market Insurers, or LMI) issued excess liability policies to Superior Water in 1970. In […]
Brenner v. National Casualty Co. (Excess Coverage)
Date Tue, Dec. 3, 2019 - 12:27pm By Hamilton
In Brenner v. National Casualty Co. (2018AP2252), the Court of Appeals District I held that Amerisure’s policy was in excess to the primary National Casualty policy covering the Milwaukee World Festival, where an injury to a contractor occurred. National insured the Milwaukee World Festival. Amerisure insured Hunzinger Construction Co., which was contracting with Milwaukee World […]
Haynes v. LIRC (Discrimination Claim)
Date Tue, Dec. 3, 2019 - 12:26pm By Hamilton
In Haynes v. LIRC (2018AP1581), the Court of Appeals District IV upheld a Labor & Industry Review Commission (LIRC) decision dismissing a discrimination claim. Plaintiff Sharon Haynes filed this claim alleging race and sex discrimination against Blain’s Farm & Fleet. Haynes claimed that Blain’s technicians intentionally failed to secure a tire on her vehicle and […]