Rabitoy v. Billington (Safe Place Statute & Negligent Supervision)

In Rabitoy v. Billington (2018AP270), the Court of Appeals District III held that a property owner was not liable for injuries sustained when an employee on his property misused equipment outside the scope of his employment. Defendant Robert Billington employed Richard Klobucher, who lived on Billington’s property, for odd jobs on the property including repairing […]

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Supreme Court Accepts Clean Wisconsin v. DNR Appeal

The Wisconsin Supreme Court has agreed to hear the appeal in Clean Wisconsin v. DNR, which will decide whether 2011 Act 21 precludes DNR from considering cumulative environmental impacts in issuing high capacity well permits under Wis. Stat. § 281.34. The Court of Appeals District II had submitted in January a certification for the Supreme Court to […]

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Assembly Committee Passes Bills Changing Certain Notice of Claim, Pleading Procedures

The Assembly Committee on Judiciary has passed two bills that would make changes to Wisconsin procedures for service of certain documents. The bills, authored by Rep. Ron Tusler (R-Harrison), Sen. Fred Risser (D-Madison), and Sen. Duey Stroebel (R-Saukville), passed the committee unanimously and are now available for scheduling on the Assembly floor. AB 58 would […]

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Abusive Work Environments Cause of Action Legislation Introduced

Rep. Sondy Pope (D-Mt. Horeb) has introduced legislation (AB 116) that would create a new cause of action outside of worker’s compensation for abusive work environments. The bill provides an exception to the exclusive remedy of worker’s compensation when employees allege they have been subjected to an abusive work environment. Employees alleging injury from an […]

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Smith v. Goshaw (Property Manager Negligence)

In Smith v. Goshaw (2017AP2008), the Court of Appeals District III held that the defendant was entitled to a new trial because the jury received instructions that erroneously elevated the standard of care landlords must exercise for upkeep of properties. Plaintiff Nevin Smith was injured when a fire escape collapsed while he was standing on […]

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Marx v. Morris (LLCs)

In Marx v. Morris (2019 WI 34), the Wisconsin Supreme Court decided that members of a limited liability company (LLC) have standing to assert a claim against another member of the LLC as individuals, not on behalf of the LLC. Furthermore, Wisconsin’s LLC law does not pre-empt common law claims. Plaintiffs Daniel Marx and Michael […]

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Judge Brian Hagedorn Wins Wisconsin Supreme Court Race

In the only statewide race in the Wisconsin 2019 spring elections on April 2, Court of Appeals Judge Brian Hagedorn beat Court of Appeals Chief Judge Lisa Neubauer for an open seat on the Wisconsin Supreme Court. Hagedorn won by close to 6,000 votes, and Judge Neubauer has officially conceded, declining to call for a […]

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Wisconsin Supreme Court Considers Whether DPI and Superintendent Violated REINS Act

The Wisconsin Supreme Court heard arguments on April 10 in one of the more important cases of the term, Koschkee v. Evers. The case presents important state constitutional issues centered on whether the Department of Public Instruction and Superintendent of Public Instruction violated the 2017 Regulations from the Need of Scrutiny Act (REINS Act). The […]

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Extraordinary Session Litigation Update

Several ongoing cases seeking to void the 2018 extraordinary session legislation are moving through Wisconsin and federal courts. This article provides background on each of the cases and updates on where each of the cases are in the legal process.   League of Women Voters v. Evers Status 4/15/19: The Wisconsin Supreme Court accepted the […]

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Wolff v. Menard, Inc. (Negligence and Safe Place Statute)

In Wolff v. Menard, Inc. (2018AP119), the Court of Appeals District I held that summary judgment was applicable because there were no issues of material fact related to where an accident at a Menards store occurred and who was responsible for it. Menard contracted with Neumann to maintain parts of its premises in the winter. […]

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