On April 10, the Wisconsin Department of Natural Resources Board gave its approval to move forward with a rule that would establish procedures for developing site-specific phosphorus criteria. DNR plans to submit the rule to Legislative Council and hold public hearings on the rule this summer. Current Wis. Admin. Code NR 102.06 establishes statewide phosphorus criteria. […]
DNR To Move Forward With Phosphorus Criteria Rulemaking
Date Thu, Apr. 18, 2019 - 3:57pm By Hamilton
PSC Approves Wisconsin’s First Large Scale Solar Projects
Date Thu, Apr. 18, 2019 - 3:54pm By Hamilton
On April 11, the Public Service Commission (PSC) approved Wisconsin’s first utility scale solar projects. According to PSC, the two projects together will more than quadruple Wisconsin’s solar capacity and produce enough energy to power 120,000 households annually. The Two Creeks solar generation facility will be located in Manitowoc and Kewaunee counties near Two Rivers […]
Evers Signs EO Creating Task Force on Payroll Fraud & Worker Misclassification
Date Thu, Apr. 18, 2019 - 3:50pm By Hamilton
On April 15, Gov. Tony Evers signed an executive order creating a Joint Enforcement Task Force on Worker Misclassification. The task force is assigned to facilitate coordination among Wisconsin agencies in the investigation and enforcement of worker misclassification. The executive order arises from what the Evers administration views as an issue with Wisconsin employers fraudulently […]
Rabitoy v. Billington (Safe Place Statute & Negligent Supervision)
Date Tue, Apr. 16, 2019 - 11:56am By Hamilton
In Rabitoy v. Billington (2018AP270), the Court of Appeals District III held that a property owner was not liable for injuries sustained when an employee on his property misused equipment outside the scope of his employment. Defendant Robert Billington employed Richard Klobucher, who lived on Billington’s property, for odd jobs on the property including repairing […]
Supreme Court Accepts Clean Wisconsin v. DNR Appeal
Date Tue, Apr. 16, 2019 - 11:54am By Hamilton
The Wisconsin Supreme Court has agreed to hear the appeal in Clean Wisconsin v. DNR, which will decide whether 2011 Act 21 precludes DNR from considering cumulative environmental impacts in issuing high capacity well permits under Wis. Stat. § 281.34. The Court of Appeals District II had submitted in January a certification for the Supreme Court to […]
Assembly Committee Passes Bills Changing Certain Notice of Claim, Pleading Procedures
Date Tue, Apr. 16, 2019 - 11:51am By Hamilton
The Assembly Committee on Judiciary has passed two bills that would make changes to Wisconsin procedures for service of certain documents. The bills, authored by Rep. Ron Tusler (R-Harrison), Sen. Fred Risser (D-Madison), and Sen. Duey Stroebel (R-Saukville), passed the committee unanimously and are now available for scheduling on the Assembly floor. AB 58 would […]
Abusive Work Environments Cause of Action Legislation Introduced
Date Mon, Apr. 15, 2019 - 11:58am By Hamilton
Rep. Sondy Pope (D-Mt. Horeb) has introduced legislation (AB 116) that would create a new cause of action outside of worker’s compensation for abusive work environments. The bill provides an exception to the exclusive remedy of worker’s compensation when employees allege they have been subjected to an abusive work environment. Employees alleging injury from an […]
Smith v. Goshaw (Property Manager Negligence)
Date Mon, Apr. 15, 2019 - 11:56am By Hamilton
In Smith v. Goshaw (2017AP2008), the Court of Appeals District III held that the defendant was entitled to a new trial because the jury received instructions that erroneously elevated the standard of care landlords must exercise for upkeep of properties. Plaintiff Nevin Smith was injured when a fire escape collapsed while he was standing on […]
Marx v. Morris (LLCs)
Date Mon, Apr. 15, 2019 - 11:55am By Hamilton
In Marx v. Morris (2019 WI 34), the Wisconsin Supreme Court decided that members of a limited liability company (LLC) have standing to assert a claim against another member of the LLC as individuals, not on behalf of the LLC. Furthermore, Wisconsin’s LLC law does not pre-empt common law claims. Plaintiffs Daniel Marx and Michael […]
Judge Brian Hagedorn Wins Wisconsin Supreme Court Race
Date Fri, Apr. 12, 2019 - 10:36am By Hamilton
In the only statewide race in the Wisconsin 2019 spring elections on April 2, Court of Appeals Judge Brian Hagedorn beat Court of Appeals Chief Judge Lisa Neubauer for an open seat on the Wisconsin Supreme Court. Hagedorn won by close to 6,000 votes, and Judge Neubauer has officially conceded, declining to call for a […]