Governor Walker visited Xcel Energy’s Bay Front Generating Station earlier this month while in Ashland, Wisconsin.
Legislative Council Study Committee on Review of TIF
Date Wed, Jul. 30, 2014 - 1:56pm By Hamilton
On July 17, the first Study Committee on Tax Increment Financing (TIF) Review was hosted by the Wisconsin Legislative Council. In addition to conducting a comprehensive review of TIF and its impacts, the committee is also charged with recommending appropriate TIF changes when/where appropriate. The committee, which is chaired by Senator Gudex and vice-chaired by […]
Courts Split on ACA Tax Subsidies
Date Wed, Jul. 30, 2014 - 1:49pm By Hamilton
On July 22, the U.S. Court of Appeals for the District of Columbia Circuit struck a blow to the Affordable Care Act (ACA) when it held that the ACA did not authorize the Internal Revenue Service (IRS) to provide tax credits for health insurance purchased on federal health exchanges. That same day, the U.S. Court […]
Supreme Court Rules that Federal Law Preempts State Negligence Claims Against Railroad Company
Date Wed, Jul. 30, 2014 - 1:40pm By Hamilton
In a 5-2 decision authored by Justice Prosser, joined by Justices Crooks, Roggensack, Ziegler, and Gableman, the Wisconsin Supreme Court held that a parade and resultant parade traffic leading to a train collision with a vehicle did not qualify as an exception to preemption under the Federal Railroad Safety Act (FRSA). Chief Justice Abrahamson authored […]
Milwaukee Journal Sentinel Op-ed – “Vets Favor New State Asbestos Law”
Date Wed, Jul. 30, 2014 - 1:37pm By Hamilton
The Milwaukee Journal Sentinel on Sunday, July 20, published an op-ed by Wisconsin veterans Larry Kutschma and Steven Stefonik voicing their support for the new asbestos transparency law (2013 Wisconsin Act 154). The op-ed responded to a call by gubernatorial candidate Mary Burke to repeal the new law. According to Kutschma and Stefonik: As veterans, […]
Court can Compel Employee to Accept Settlement Offer under Worker’s Comp Law
Date Wed, Jul. 30, 2014 - 1:34pm By Hamilton
In a 5-2 decision authored by Justice Roggensack, joined by Justices Crooks, Prosser, Ziegler, and Gableman, the Wisconsin Supreme Court held that a circuit court may compel an employee to accept a settlement offer under Wisconsin’s worker’s compensation law (Wis. Stat. § 102.29(1)). Justice Bradley authored a dissenting opinion and was joined by Chief Justice […]
New Poll: Walker and Burke Still in “Dead Heat”
Date Wed, Jul. 23, 2014 - 1:28pm By Hamilton
On July 23, the much anticipated Marquette University poll was released showing Governor Walker and Democratic candidate Mary Burke in a dead heat, with 46% of those polled supporting Walker, 45% for Burke and 8% were undecided. Amongst likely voters Burke leads Walker 47-46. All of the head to head numbers lie well within […]
Court Holds Plaintiff’s Insurer Must Defend and Indemnify the Defendant
Date Thu, Jul. 17, 2014 - 10:13am By Hamilton
In a troubling 4-3 decision authored by Chief Justice Abrahamson, joined by Justices Crooks, Bradley, and Prosser, the Wisconsin Supreme Court held that the plaintiff’s insurance carrier, American Family Insurance, had a duty to defend and indemnify the tortfeasor because the torfeasor was a “permissive user” of the plaintiff’s vehicle under American Family’s policy. Justice […]
State Supreme Court Rules Trial Court Erred
Date Thu, Jul. 17, 2014 - 9:31am By Hamilton
In a 4-3 decision authored by Justice Roggensack, the Wisconsin Supreme Court held that a trial court’s decision to give the absent witness instruction was erroneous and remanded the case to the circuit court. Joining in the opinion were Justices Crooks, Gableman, and Ziegler, Justice Bradley authored a dissenting opinion that was joined by Chief […]
“Lemon Law King” Loses
Date Wed, Jul. 16, 2014 - 2:21pm By Hamilton
In a 5-1 decision authored by Justice Ziegler and joined by Justices Crooks, Bradley, Prosser, and Gableman (Chief Justice Abrahamson dissenting and Justice Roggensack not participating), the Wisconsin Supreme Court handed the self-proclaimed “Lemon Law King” a defeat by refusing to award him attorney’s fees in a lawsuit. The case is Betz v. Diamond Jim’s […]