Court of Appeals Rules on Agency Rulemaking Case

In Applegate-Bader Farm, LLC v. DOR (2018AP1239), the Court of Appeals District IV held that the Wisconsin Department of Revenue (DOR) complied with rulemaking procedures in Wis. Stat. Ch. 227 when it promulgated new rules regarding property tax classification.   Background Wisconsin law provides certain incentives for property owners to participate in state and federal […]

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Legislature Passes Bill to Create Certificates of Qualification for Employment for Ex-Offenders

This week, the Wisconsin Legislature sent to Gov. Evers’s desk a bill that would create a Council on Offender Employment to issue certificates of qualification for employment (CQEs) to ex-offenders. The bill seeks to reduce recidivism by helping ex-offenders re-enter the workforce. Under the legislation (AB 30), the certificates issued by the Council would qualify […]

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Wisconsin AG Joins Lawsuit to Block T-Mobile-Sprint Merger, Other Multistate Actions

On June 11, Wisconsin Attorney General Josh Kaul joined eight other states and Washington, D.C. in a civil antitrust lawsuit to block the proposed merger of wireless communication companies T-Mobile and Sprint. The complaint argues that combining the market share of T-Mobile and Sprint would result in less competition, higher prices, and reduced innovation. The […]

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Menard, Inc. v. City of Marinette (Property Tax Assessment)

In Menard, Inc. v. City of Marinette (2018AP533), the Court of Appeals District III considered a lawsuit challenging the City of Marinette’s property tax assessment of a Menard’s store. In 2016, Marinette assessed the Menard’s store at a value of $9 million. Menard challenged the assessment in circuit court, contending the fair market value of […]

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Town of Delafield v. Central Transport Kriewaldt (Federal Preemption of Weight Limits)

In Town of Delafield v. Central Transport Kriewaldt (2017AP2525), the Court of Appeals District II held that federal transportation law does not preempt the town’s seasonal weight restriction on certain roads. Delafield posted signs identifying a seasonal weight restriction prohibiting vehicles over six tons from driving on designated town roads. A Central Transport delivery truck […]

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Bill Lueders v. Scott Krug (Open Records Requests)

In Lueders v. Krug (2018AP431), the Court of Appeals District II held that open records requesters have the right to receive electronic copies of email records. Bill Lueders, editor of The Progressive magazine and president of the Wisconsin Freedom of Information Council, emailed an open records request to Wisconsin state Rep. Scott Krug (R-Nekoosa) for […]

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Leicht Transfer & Storage Co. v. Pallet Central Enterprises, Inc. (Crime Insurance Coverage)

In Leicht Transfer & Storage Co. v. Pallet Central Enterprises, Inc. (2019 WI 61), the Wisconsin Supreme Court held that amounts paid in response to forged delivery tickets are not covered losses under a crime insurance policy. The underlying claim in the case arose when Pallet Central forged delivery tickets to Leicht. The companies used […]

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Teske v. Wilson Mutual Insurance Co. (Claim Preclusion)

In Teske v. Wilson Mutual Insurance Co. (2019 WI 62), the Wisconsin Supreme Court held that previous litigation related to underinsured motorist (UIM) coverage precludes a second tort claim alleging negligence in the same accident. The litigation arose from a car accident that injured four members of the Teske family: Julie, Katherine, Elle, and Emily. […]

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DOJ Restructuring to Focus on Environmental Enforcement

On May 23, Attorney General Josh Kaul announced a restructuring at the Department of Justice (DOJ) that will allow for more environmental enforcement. The restructuring merges DOJ’s Environmental Protection Unit and Consumer Protection Unit under a single Public Protection Unit. Kaul said the new unit is “a step toward revitalizing the enforcement of our consumer protection […]

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Payday Loan Resolution, LLC v. DFI (Agency Police Power Over Out-of-State Business)

In Payday Loan Resolution, LLC v. DFI (2018AP821), the Court of Appeals District IV held that Florida debt settlement business Payday Loan Resolution is subject to Wisconsin Department of Financial Institutions (DFI) licensing requirements and enforcement. DFI received two consumer complaints against Payday from Wisconsin residents. DFI then proceeded with enforcement actions against Payday, stating […]

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