With the first primaries of the 2020 presidential election approaching quickly, the latest Marquette University (MU) Law School poll found Vice President Joe Biden still leading in Wisconsin. The first MU poll of 2020, conducted Jan. 8-12, evaluated voter opinions on the field of candidates still competing in the Democratic primary and asked questions about […]
Oral Argument Preview: Correa v. Woodman’s Food Market (Personal Injury)
Date Mon, Jan. 6, 2020 - 12:07pm By Hamilton
On Jan. 21, the Wisconsin Supreme Court will hear oral arguments in Correa v. Woodman’s Food Market, which will address the standards of proof for establishing constructive notice of a hazard and the determinations a jury may make from video surveillance in premises liability cases. Facts & Lower Court Decisions In this case, plaintiff […]
Supreme Court Accepts Agency Rulemaking Case Papa v. DHS
Date Mon, Jan. 6, 2020 - 12:05pm By Hamilton
The Wisconsin Supreme Court recently accepted five new cases, including one that will again address agency rulemaking, following the court’s recent decision in Lamar Central Outdoor. The newly accepted case, Papa v. DHS, will determine whether a Wisconsin Department of Health Services (DHS) policy in DHS’s Medicaid Provider Handbook has the “force of law” (Wis. […]
Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (Rulemaking Requirements)
Date Mon, Jan. 6, 2020 - 12:03pm By Hamilton
In the Wisconsin Supreme Court’s first decision affecting the business community in the 2019-20 term, the court issued an important opinion on agency rulemaking in Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (2019 WI 109). The Supreme Court held that the Department of Transportation (DOT) was required to promulgate a rule when […]
Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (Jury Verdict on Damages)
Date Mon, Jan. 6, 2020 - 12:01pm By Hamilton
In Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (2018AP2213), the Court of Appeals District IV upheld a jury’s award of $25,000 in damages to American Wood Recycling for a trailer damaged by American Disposal. American Wood alleged that American Disposal negligently overloaded one of American Wood’s trailers, which resulted […]
William Sesing Construction, Inc. v. American Bank (Liability for Embezzlement)
Date Mon, Jan. 6, 2020 - 12:00pm By Hamilton
In William Sesing Construction, Inc. v. American Bank (2018AP1126), the Court of Appeals District II held that American Bank did not breach its contract nor was it negligent when a Sesing employee embezzled funds from an American Bank account. Sesing hired Denise Heffner as its bookkeeper. In 2013, Sesing discovered that Heffner was embezzling money […]
Payette v. Marx (Prejudgment Interest)
Date Mon, Jan. 6, 2020 - 11:58am By Hamilton
*Case recommended for publication. In Payette v. Marx (2018AP627), the Court of Appeals District III held that insurers do not owe prejudgment damages under Wis. Stat. § 628.46 when a third party demands general damages and the insurer is not certain it actually owes the demanded sum. Defendant David Marx struck and killed plaintiff […]
Wargaski v. NCI Group, Inc. (Warranty Forum Selection Clause)
Date Mon, Jan. 6, 2020 - 11:56am By Hamilton
In Wargaski v. NCI Group, Inc. (2018AP2014), the Court of Appeals District III found that a warranty’s forum selection clause applied, barring the Wisconsin lawsuit. Robert Wargaski alleged breach of warranty when NCI Group, Inc. rejected his warranty claim for faded paint on roofing panels Wargaski had purchased. The warranty contained a forum selection clause […]
Worker’s Comp Advisory Council Agrees on 2019-20 Bill
Date Mon, Jan. 6, 2020 - 11:45am By Hamilton
Last month, Wisconsin’s Worker’s Compensation Advisory Council (WCAC) approved draft legislation for the 2019-20 legislative session. Each session, management and labor members of WCAC come to an agreement and introduce a bill on worker’s compensation reforms. This session’s agreed-upon legislation includes moving worker’s compensation proceedings from the Department of Administration (DOA) Division of Hearings & […]