On Nov. 6, Wisconsin Supreme Court Chief Justice Patience Roggensack delivered the 2019 State of the Judiciary address. The Chief Justice’s remarks highlighted several initiatives in the 2019-21 state budget and the success of Wisconsin’s Commercial Docket (a.k.a. Business Court) Pilot project that began in July 2017. The Chief Justice gave examples of the success […]
Chief Justice Highlights Business Court in 2019 State of the Judiciary
Date Thu, Nov. 7, 2019 - 10:55am By Hamilton
Multi-State Actions by AG Kaul
Date Thu, Nov. 7, 2019 - 10:52am By Hamilton
Since taking office at the beginning of 2019, Wisconsin Attorney General Josh Kaul has announced the state’s participation in several multistate actions covering various issues. The actions include comments challenging federal administration proposals, investigations into corporations, and multistate lawsuits and amicus briefs. Below is an update on notable multistate actions in which Wisconsin is participating: […]
Supreme Court Oral Arguments – November 2019
Date Thu, Nov. 7, 2019 - 10:49am By Hamilton
The Wisconsin Supreme Court held oral arguments on Monday, Nov. 4 and will also hold oral arguments on Monday, Nov. 25. Cases of note include: Mueller v. TL90108, LLC (Wrongful Taking and Detention) – Nov. 4 In this case, the Supreme Court will determine what constitutes the “cause of action” in a wrongful taking […]
Supreme Court Accepts New Cases
Date Thu, Nov. 7, 2019 - 10:46am By Hamilton
The Wisconsin Supreme Court recently accepted several new cases, including Wisconsin Institute for Law & Liberty’s challenge to the governor’s partial veto power on appropriations bills. Correa v. Woodman’s Food Market – Personal Injury This case will address the standards of proof for establishing constructive notice of a hazard and the determinations a jury […]
Link v. Link (Fair Value & Corporate Misappropriation)
Date Thu, Nov. 7, 2019 - 10:43am By Hamilton
In Link v. Link (2018AP1715), the Court of Appeals District III addressed fair value and corporate misappropriation claims among the owners of Link Snacks and various related entities, which sell and distribute meat products. Jack, Troy, and Jay Link together owned various related entities including Link Snacks, Link Global, and its subsidiary Link Canada. When […]
DOR v. Microsoft Corp. (Franchise Tax on Software)
Date Thu, Nov. 7, 2019 - 10:42am By Hamilton
In DOR v. Microsoft Corp. (2018AP2024), the Court of Appeals District IV held that Microsoft’s royalties from software sales to manufacturers outside of Wisconsin, whose products are used in Wisconsin, should not be used in calculating Microsoft’s Wisconsin tax liability. Microsoft sells its software to manufacturers like Dell and HP, who manufacture computers containing the […]
Anderson v. Town of Newbold (Shoreline Zoning & Subdivision Authority)
Date Thu, Nov. 7, 2019 - 10:40am By Hamilton
In Anderson v. Town of Newbold (2018AP547), the Court of Appeals District III held that towns may enact shoreland frontage requirements under their subdivision authority, even though state law prohibits towns from enacting those requirements under their zoning authority. Wisconsin law prohibits towns from enacting shoreland zoning ordinances (Wis. Stat. § 59.692). However, towns do […]
Polk Properties, LLC v. Grota Appraisals, LLC (Claim Preclusion in Property Assessment)
Date Wed, Nov. 6, 2019 - 11:30am By Hamilton
In Polk Properties, LLC v. Grota Appraisals, LLC (2018AP2296-FT), the Court of Appeals District II held that claim preclusion barred the plaintiff’s negligence and misrepresentation claims against an assessor, after the Supreme Court had previously upheld the assessment challenge in a separate action. In 2018, the Wisconsin Supreme Court upheld the Village of Slinger’s reclassification […]
Sinkler v. American Family Insurance Co. (Cost of Collection)
Date Wed, Nov. 6, 2019 - 11:28am By Hamilton
In Sinkler v. American Family Insurance Co. (2019AP88), the Court of Appeals District III upheld an award of $0 in attorney’s fees to a worker’s compensation insurer and declined to adopt a rule dividing costs of collection on a pro rata basis – in proportion to their recoveries – between the employee’s and the insurer’s […]
Brown v. Muskego Norway School District Group Health Plan (Worker’s Compensation)
Date Wed, Nov. 6, 2019 - 11:27am By Hamilton
In Brown v. Muskego Norway School District Group Health Plan (2018AP1799), the Court of Appeals District II held that the plaintiff was in the course of his employment when he was injured in a motorcycle accident; therefore, his health plan excluded coverage because he was eligible for worker’s compensation. Plaintiff William Brown was injured in […]