Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (Rulemaking Requirements)

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 […]

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Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (Jury Verdict on Damages)

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 […]

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William Sesing Construction, Inc. v. American Bank (Liability for Embezzlement)

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 […]

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Payette v. Marx (Prejudgment Interest)

*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 […]

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Wargaski v. NCI Group, Inc. (Warranty Forum Selection Clause)

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 […]

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Worker’s Comp Advisory Council Agrees on 2019-20 Bill

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 & […]

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2019 Legislative Wrap-Up

As 2019 comes to a close, Hamilton Consulting analyzes where we are in the 2019-20 legislative session and highlights what we might expect, according to legislative leadership, for the remainder of the session in 2020.   So far this session… With divided government this session, the pace of bills passed and signed into law has […]

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PFAS Update: AG Holds Listening Session in Marinette, Foam Bill Passes Committee

The Wisconsin Legislature and state agencies are continuing to address PFAS chemicals. Recently, Wisconsin Attorney General Josh Kaul held a listening session on PFAS in Marinette. Meanwhile, an Assembly Committee has passed a bill to address PFAS in firefighting foams. PFAS (per- and polyfluoroalkyl substances) are man-made chemicals found in many everyday products, including nonstick […]

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MU Poll Finds Few Changes in Voter Opinion on Trump, Impeachment

There were no big surprises in the final Marquette University (MU) Law School poll of 2019. The poll found little movement in questions about President Donald Trump and impeachment. Democratic candidates in the 2020 presidential primary regained ground on Trump in head-to-head questions, though there was little change in voters’ top choices for the nomination. […]

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Legislators Circulate Bill to Protect Sports Officials

Reps. Todd Novak (R-Dodgeville), Don Vruwink (D-Milton) & Lisa Subeck (D-Madison) and Sens. Andre Jacque (R-DePere) and Jeff Smith (D-Eau Claire) are circulating a bill that would protect sports officials. Assault of sports officials is a rising problem across the country and in Wisconsin. The bill (LRB 4781) seeks to address this problem by strengthening […]

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