In August, the Public Service Commission of Wisconsin (PSCW) voted to require Wisconsin’s major electric utilities to submit an electric vehicle pilot program plan for PSCW review and approval by May 15, 2021. Last week, PSCW opened a public comment period on the draft Commission order. Per the order, PSCW directed utilities to include in […]
COVID-19 Premises Liability Legislation Circulating in Wisconsin Legislature
Date Thu, Sep. 3, 2020 - 10:46am By Hamilton
Sen. Chris Kapenga (R-Delafield), Rep. Mark Born (R-Beaver Dam), and Rep. Dan Knodl (R-Germantown) are circulating legislation to shield Wisconsin businesses, schools, universities, and other entities from the threat of lawsuits alleging liability for COVID-19 exposures. Such protections would only apply to those who take adequate precautions to keep their premises safe. On September 9, […]
On Whose Authority? Recent COVID-19 Lawsuits Challenge Claims of Constitutional and Statutory Authority
Date Tue, Sep. 1, 2020 - 10:50am By Hamilton
Back in May, Wisconsin Legislature v. Palm settled the question of whether the Wisconsin Department of Health Services had explicit authority to extend a state of emergency. (Short answer: no.) But as policies surrounding COVID-19 prevention continue full force, it looks like the Wisconsin Supreme Court will hear three more lawsuits challenging the authority of government officials: […]
Former Packer Brings Racial Discrimination Class Action Against NFL
Date Mon, Aug. 31, 2020 - 10:57am By Hamilton
Najeh Davenport, a former Green Bay Packers running back, and Kevin Henry, a former Pittsburgh Steeler, are the lead plaintiffs in a class action lawsuit alleging racial discrimination in concussion settlements paid out by the National Football League. The NFL had a 2014 settlement agreement with players that paid out players who had suffered head trauma. Specifically, […]
Wisconsin Supreme Court Accepts Five New Cases
Date Mon, Aug. 31, 2020 - 10:56am By Hamilton
The Wisconsin Supreme Court recently accepted five new cases. Of note: United America, LLC v. DOT (2018AP2383) – Nonstructural Damages in DOT Takings) In this case, the Court of Appeals District III held that nonstructural damages to private property are not compensable when the Department of Transportation (DOT) makes a change of grade to an abutting street. The […]
Wahoske v. Mills Fleet Farm LLC (Recreational Immunity)
Date Wed, Aug. 19, 2020 - 11:00am By Hamilton
In Wahoske v. Mills Fleet Farm LLC (2019AP2036), the Wisconsin Court of Appeals held that a hunting stand could be a “structure” for purposes of the recreational immunity statute. Facts For about six months every year, Robert Stibb affixes a tree stand on a tree on his parents’ property. In 2017, Stibb’s friend, Jason Wahoske, was bow […]
Koenig v. Aldrich (Trespass & Private Nuisance)
Date Wed, Aug. 19, 2020 - 10:59am By Hamilton
In Koenig v. Aldrich (2019AP242), the Wisconsin Court of Appeals (District III) held that intrusion into the immediate airspace of a property counted as trespass and that an L-shaped fence did not did not constitute a nuisance pursuant to WIS. STAT. § 844.10 (2017-18). Facts Koenig owns a parcel of property that checkerboards with three other parcels—in […]
Steinke v. Poppe (Duty to Report)
Date Wed, Aug. 19, 2020 - 10:49am By Hamilton
In Steinke v. Poppe (2019AP002028), the Wisconsin Court of Appeals held Poppe did not owe Steinke a duty to warn Steinke about the poor condition of his septic tank’s cover or to take other action to prevent him from falling through the cover into the tank. Facts Steinke hired Scott Poppe of Scott’s Septic Pumping, LLC (“Poppe”) […]
City of Stoughton v. Olson (Statutory Interpretation)
Date Wed, Aug. 19, 2020 - 10:47am By Hamilton
In City of Stoughton v. Olson (2019AP1872), the Wisconsin Court of Appeals upheld a circuit court decision dismissing citations leveled against a bartender and owner for allowing minors to enter a dedicated bar area within a bowling center. Facts In 2017, a Stoughton police officer encountered an underage individual playing pool in the “bar area” within the […]
Amazon Strictly Liable For Third Party Transactions On Website, California Court Rules
Date Tue, Aug. 18, 2020 - 12:52pm By Hamilton
On August 13th, the California Court of Appeals ruled Amazon was strictly liable for injuries sustained by a customer who purchased a defective product on the “marketplace” portion of its site. The case arose after a woman purchased a laptop battery from a third-party seller on Amazon Marketplace. The battery exploded and burned the woman. Amazon claimed […]