DSG Evergreen Family Limited Partnership v. Town of Perry (Eminent Domain)

In DSG Evergreen Family Limited Partnership v. Town of Perry (2020 WI 23), a unanimous Wisconsin Supreme Court held that claim preclusion did not apply, but the plaintiff had no private right of action against the town, barring this eminent domain case. The Town of Perry took property from DSG in an eminent domain action. […]

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Lang v. Lions Club of Cudahy Wisconsin, Inc. (Recreational Immunity)

In Lang v. Lions Club of Cudahy Wisconsin, Inc. (2020 WI 25), the Wisconsin Supreme Court held that recreational immunity applied to a sound engineer who set up cords that injured a woman at a music performance because the sound engineer was an agent of the festival owner.   Facts  At an event run by […]

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Piper v. Jones Dairy Farm (Donning & Doffing Compensation)

In Piper v. Jones Dairy Farm (2020 WI 28), the Wisconsin Supreme Court determined that employees’ donning and doffing activities are compensable under state law and such compensation cannot be precluded by collective bargaining agreement.   Facts Plaintiffs are employees of Jones Dairy Farm seeking compensation for time spent putting on and removing safety shoe […]

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Wisconsin Courts Continue to Respond to COVID-19

As Wisconsin government and the public struggle with the COVID-19 pandemic, Wisconsin courts remain operational but with reduced calendaring. Subject to certain exceptions, all proceedings in Wisconsin courts are to be conducted via remote audio-video technology if practicable. (Supreme Court order) Wisconsin Supreme Court March 18, March 30, and April 1 oral arguments cancelled. (More on oral arguments) […]

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After Court Rulings, In-Person Voting Proceeds in Supreme Court Election

After rulings from the Supreme Court of the United States and the Wisconsin Supreme Court the night before election day upheld the April 7 date and absentee voting requirements, Wisconsin’s election for state Supreme Court proceeded with few changes. In-person voting was held, and absentee voter requirements were largely the same (though at record high […]

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Marquette Poll: Voter Opinions on COVID-19 Response, Biden Leads Wis. Primary

The latest Marquette University (MU) Law School poll, conducted in late March, questioned voters on state and federal response to the COVID-19 outbreak. Voters shared their opinions on the governor’s and president’s responses to the crisis, the virus in general, and how it has affected their daily lives. The poll also gave a snapshot of […]

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Wisconsin Court of Appeals Rules in Voter Registration Lawsuit

In Zignego v. Wisconsin Elections Commission (2019AP2397/2020AP112), the Court of Appeals District IV overturned a circuit court order mandating the Wisconsin Elections Commission deactivate the registrations of Wisconsin voters who had recently moved and failed to timely apply for continuation of registration.   Background Wis. Stat. § 6.50(3) provides that, if a municipal clerk or […]

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DNR Stakeholder Meeting on PFAS Rules

On March 23, 2020, the Department of Natural Resources (DNR) held its second stakeholder meeting on rules to set water standards for PFAS chemicals in Wisconsin (agenda). Due to COVID-19 concerns, the meeting was held remotely via Zoom. First, DNR gave an update on the federal Environmental Protection Agency (EPA) process for setting standards for […]

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Wisconsin Spring Elections April 7

As of right now, Wisconsin still plans to hold regular spring elections on April 7, 2020. Due to COVID-19 concerns Gov. Tony Evers and other state and local officials are encouraging voters to request absentee ballots. (A federal judge extended the deadline to request a mail-in ballot to April 2.)   COVID-19 Election Concerns  Other […]

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Gov. Evers Appoints New PSCW Commissioner

On March 11, Gov. Tony Evers appointed Tyler Huebner to the Public Service Commission of Wisconsin (PSCW). Huebner, formerly executive director of RENEW Wisconsin, replaces Mike Huebscsh, who retired from the PSCW in February. Huebner will fill out the remainder of Huebsch’s term, ending March 1, 2021. Huebner’s appointment is subject to Senate confirmation. Huebner […]

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