Wisconsin Supreme Court Accepts Five New Cases

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 […]

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Wahoske v. Mills Fleet Farm LLC (Recreational Immunity)

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 […]

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Koenig v. Aldrich (Trespass & Private Nuisance)

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 […]

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Steinke v. Poppe (Duty to Report)

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”) […]

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City of Stoughton v. Olson (Statutory Interpretation)

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 […]

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Amazon Strictly Liable For Third Party Transactions On Website, California Court Rules

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 […]

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Justice Department Threatens Yale University With Lawsuit Over Racial Bias In Admissions Process

After two years of study, the Justice Department announced Thursday via letter that Yale University violated federal civil-rights law by making race and national origin the determinative factor in its admissions process. According to the government, Asian American and White applicants have a one-tenth to one-fourth chance of being admitted as similarly situated African American applicants. The […]

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WCJC Joins Support for Federal “SAFE TO WORK Act.”

On July 30th, the Wisconsin Civil Justice Council signed on in support with the U.S. Chamber of Commerce urging Congress to create COVID-19 liability protections for businesses and schools who comply with applicable government health and safety standards. You can read the full letter of support here. As the letter noted: “These crucial protections would safeguard […]

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PFAS Update: Natural Resources Board Tables Emergency Firefighting Foam Rule and WisPAC Releases Draft Action Plan

Earlier this year, the legislature approved and the governor signed into law 2019 Wisconsin Act 101, legislation that regulates firefighting foam that contains PFAS. The Department of Natural Resources drafted Emergency Rule WA-06-20(E), as directed in Act 101, and it was put on the agenda for the Natural Resources Board (the board) to approve this […]

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August MU Poll Surveys Wis. Voters on 2020 Election, Masks, Economy

The most recent Marquette University (MU) Law School poll, conducted Aug. 4-9, 2020, covered the 2020 Presidential election, the coronavirus response, economic hardship, police reform and other current issues. 2020 Presidential Election In the head-to-head question between Biden and Trump, Biden prevails by 5 points, 49-44 among likely voters. While this is not much of […]

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