The Wisconsin Supreme Court, on April 17, issued a split decision greatly expanding the liability of physicians in medical liability cases. The case involved the scope of a physician’s duty to inform a patient, often referred to as “informed consent.” The three-justice majority decision was authored by Chief Justice Shirley Abrahamson, joined by Justices Ann […]
Health Care Law in the Supreme Court Luncheon Discussion
Date Wed, Apr. 18, 2012 - 10:49am By Hamilton
The U.S. Supreme Court recently held oral arguments in one of the most highly anticipated cases in the modern era, Florida v. U.S. Department of Health and Human Services, a consolidated series of challenges to the Patient Protection and Affordable Care Act, better known as the ObamaCare case. On April 30, a panel of experts […]
Dictionary of Wisconsin History: Recall
Date Thu, Apr. 12, 2012 - 3:07pm By Hamilton
The Wisconsin Historical Society provides a brief history of recalls in Wisconsin in its online Dictionary of Wisconsin History. Term: Recall Elections (in Wisconsin) Definition Article XIII, Sec. 12, of the Wisconsin Constitution provides for recall of state officials. Wisconsin is among 19 states that permit recall elections and, as in most of the other states, […]
Seven Will Run Against Walker
Date Thu, Apr. 12, 2012 - 2:50am By Hamilton
This week, a number of real and “protest” candidates took the next step toward running in the upcoming recall elections. April 10 was the deadline for filing papers to get on the ballot for the recall elections against Gov. Walker, Lt. Gov. Kleefisch, and the State Senators from Districts 13, 21, 23 and 29. Incumbents […]
Bill Providing Immunity to School Boards for Recreational Activities and Immunity for Volunteers Signed into Law
Date Thu, Apr. 5, 2012 - 1:01pm By Hamilton
The same day he signed the Ski Hill Liability Protection legislation, Gov. Scott Walker also signed into law 2011 Wis. Act 162, which provides immunity from liability to schools for a death or injury that occurs on school grounds when the death or injury results from a recreational activity held on the school grounds pursuant […]
Governor Signs Ski Hill Liability Protection Bill
Date Thu, Apr. 5, 2012 - 12:48pm By Hamilton
On Monday, April 2, Gov. Scott Walker signed into law 2011 Wis. Act 199, which expands the “assumption of risk” doctrine to protect ski operators who follow certain safety protocols from lawsuits. The assumption of risk doctrine provides that when an individual engages in a potentially dangerous activity, that person does so with the knowledge […]
Barrett Throws His Hat in the Ring & Gets Attacked by AFSCME
Date Wed, Apr. 4, 2012 - 11:08am By Hamilton
Milwaukee Mayor Tom Barrett announced on March 30 that he would enter the Democratic primary in the effort to recall Gov. Scott Walker. Shortly after entering the race, Barrett asked his Democratic opponents to pledge to keep negative ads out of the primary campaign. Days later, AFSCME, which has endorsed Kathleen Falk in the primary, […]
Romney Wins Presidential Primary
Date Tue, Apr. 3, 2012 - 9:36pm By Hamilton
On April 3rd, Wisconsin voters headed to the polls to vote in the Presidential Preference primary and in various municipal and judicial elections. The final vote will not be certified for a couple of weeks, but unofficial returns show Mitt Romney as the winner in the Wisconsin Primary. At stake in the Wisconsin presidential primary […]
Wisconsin Supreme Court Rules that Default Judgment Was Void Due to Plaintiff’s Failure to Name Proper Corporate Defendant
Date Tue, Apr. 3, 2012 - 7:48pm By Hamilton
The Wisconsin Supreme Court has issued its decision in Johnson v. Cintas Corp. No. 2, et al., 2012 WI 31, which is the latest in a number of recent cases accepted by the Court dealing with default judgments. (Oral arguments can be viewed on WisconsinEye.) The issue in the case was whether a default judgment is […]
Current and Former Justices Discuss Judicial Turmoil
Date Tue, Apr. 3, 2012 - 7:38pm By Hamilton
The Wisconsin Supreme Court has been in the news lately, not for its opinions, but for its inner workings and interpersonal conflicts. Former Wisconsin Supreme Court Justices Janine Geske and Jon Wilcox were recent guests on Wisconsin Eye’s Legally Speaking, where they offered their opinions on many issues facing the courts. Current Justice Michael Gableman […]