U.S. State Department Grants Permit for U.S.-Canada Oil Pipeline

  The U.S. State Department last week granted a permit to construct a 326-mile oil pipeline from the Canadian border to Superior, Wisconsin. As the Washington Post reports, the project has prompted outcry from environmental groups that oppose crude extracted from oil sands. Proponents counter that receiving oil from our allies to the north is […]

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Study Looks at Impact of Waxman-Markey on Oil Refining

  The American Petroleum Institute has added to the chorus of studies looking at the impact of the American Clean Energy Security Act of 2009 (Waxman-Markey). According to the study, performed by EnSys Energy, a consulting firm, U.S. refining production could drop as much as 17 percent from today’s levels if Waxman-Markey is enacted as […]

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Recent Developments in Lead Paint Cases

City of Milwaukee v. NL Industries (Jury Verdict, June 22, 2007) On Friday, June 22, a jury in Milwaukee entered a verdict in which it determined that NL Industries was not negligent and would not have to pay the City of Milwaukee for reimbursement for the city’s lead-cleanup effort. (The city was seeking $52.6 million […]

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Wisconsin Supreme Court Rules that Economic Loss Doctrine Bars Tort Claims for Intentional Misrepresentations in Real Estate Tra

Two Bills Introduced to Overturn Court’s Decision By Andrew CookJan. 29, 2009 The Wisconsin Supreme Court in July 2008 held (4-3) that the economic loss doctrine bars common-law claims for intentional misrepresentation in real estate transactions. (Below v. Norton, 208 WI 77, 310 Wis.2d 713, 751 N.W.2d 351) As discussed in greater detail below, legislation […]

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EPA Grants California’s GHG Waiver Request

The Environmental Protection Agency this week granted a waiver of Clean Air Act preemption to California for its greenhouse gas emission standards for motor vehicles. The action taken by the EPA is in response to California’s petition to set strict automobile emission and fuel efficiency standards. Under Section 209 the Clean Air Act, California has special authority […]

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Supreme Court Upholds Dismissal of Lead Pigment Design Defect Claim

On July 14, the Wisconsin Supreme Court held that the circuit court in Milwaukee correctly concluded that the plaintiff’s complaint failed to state a claim of defective design of white lead carbonate pigment ultimately used in paint and coatings. The ruling upheld the dismissal of design defect claims in a suit alleging that certain manufacturers […]

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Strict Products Liability Claim Rejected by High Court

The Wisconsin Supreme Court on July 14 issued a decision (4-2) affirming an appeal from a lower court that Deer & Company was not liable under strict products liability for an injury caused to a bystander. (Justice Annette Ziegler did not participate because she was the judge in the trial court case.) The case, Horst […]

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Wisconsin Supreme Court Rules on Lemon Law

On July 17, the Wisconsin Supreme Court unanimously ruled that a consumer who brings a claim under Wisconsin’s Lemon Law, who then decides to purchase the defective vehicle, is not entitled to recover the amount the purchase price. The case is Tammi v. Porsche Cars North America, Inc., 2009 WI 83. The plaintiff, Bruce Tammi, […]

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Wisconsin Supreme Court: No Right to Jury Trial under Wisconsin’s Family or Medical Leave Act

In another decision handed down on July 17, the Wisconsin Supreme Court ruled (5-2) ruled that the Wisconsin Family or Medical Leave Act (WFMLA) does not grant a right to jury civil trial in an action to recover damages. The case is Harvot v. Solo Cup Co. & Solo Cup Operating Co., 2009 WI 85. […]

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Wisconsin Supreme Court Rules on Medical Malpractice Case

The Wisconsin Supreme Court today in a 6-0 opinion (Justice Annette Zielger did not participate) reversed a lower court decision that dismissed a medical malpractice claim against an emergency room physician. The case, Bubb v. Brusky et al, 2009 WI 91, began when the patient (Richard Bubb) was transported to the emergency room after it […]

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