Langenhahn v. West Bend Mutual Insurance Co. (Recreational Immunity)

In Langenhahn v. West Bend Mutual Insurance Co. (2017AP2178), the Court of Appeals District III held that recreational immunity applied when a pedestrian was injured leaving a community event. Paula Langenhahn tripped on a barricade while walking to her vehicle from the community event Marathon Fun Days. The barricade was placed to close off a […]

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Anderson v. Kayser Ford, Inc. (Duty to Defend)

In Anderson v. Kayser Ford, Inc. (2017AP2018), the Court of Appeals District IV held that insurers have a duty to defend insureds in lawsuits where the only indemnifiable claim is dismissed (leaving only noncovered claims to be litigated at the trial level) because the indemnifiable claim could recur on appeal. Jody Anderson filed this lawsuit […]

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Manthe v. DOT (Condemnation)

In Manthe v. DOT (2017AP1598), the Court of Appeals District IV held that Wisconsin’s freeway statute (Wis. Stat. § 84.295(3)) does not violate equal protection rights and denied damages to a property owner following the condemnation of his property by the state Department of Transportation (DOT). Manthe’s property is located on either side of Highway […]

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Hinrichs v. DOW Chemical Co. (Fraudulent Representation)

In Hinrichs v. DOW Chemical Co. (2017AP2361), the Court of Appeals District II dismissed misrepresentation claims on the basis of the economic loss doctrine, but ruled the plaintiffs might be considered “the public” for the purposes of bringing forth a fraudulent representation claim.   Facts Chris Hinrichs developed acrylic skylight panels for vehicles and owned […]

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Nutt v. Union Pacific Railroad Co. (Driver Negligence)

In Nutt v. Union Pacific Railroad Co. (2018AP695), the Court of Appeals District III held that Union Pacific was not liable for injuries to a driver struck at a railroad crossing. A Union Pacific train struck Jordan Nutt at a crossing in Baldwin, Wisconsin. The crossing had a stop sign and a retroreflective railroad crossing […]

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AG Kaul Asks Legislature for Approval to Withdraw from ACA Lawsuit

Wisconsin Attorney General Josh Kaul has sent a letter to the legislature’s Joint Committee on Finance (JFC), requesting authorization to withdraw the state from multistate litigation seeking to declare the Affordable Care Act unconstitutional. The request to withdraw comes after a back and forth between Gov. Tony Evers, Kaul, and the legislature regarding the governor’s […]

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Wisconsin Supreme Court February Oral Arguments

The Wisconsin Supreme Court has released its calendar of oral arguments for February 2019. There will be several notable cases argued this month, addressing issues including medical malpractice, crime insurance, governmental immunity, and the federal Communications Decency Act. Cases of interest include:   Leicht Transfer & Storage Co. v. Pallet Central Enterprises, Inc. (Crime Insurance […]

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Koss Corp. v. Park Bank (Liability for Embezzlement)

In Koss Corp. v. Park Bank (2019 WI 7), the Wisconsin Supreme Court found that Park Bank was not liable for failing to protect Koss Corp. from its executive’s embezzlement. The court issued a plurality opinion written by Chief Justice Roggensack and Justice Ziegler, with a concurring opinion by Justices Anne Walsh Bradley, Abrahamson, and […]

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Steadfast Insurance Co. v. Greenwich Insurance Co. (Duty to Defend)

In Steadfast Insurance Co. v. Greenwich Insurance Co. (2019 WI 6), the Wisconsin Supreme Court said a previous insurer had a duty to defend Milwaukee Metropolitan Sewerage District (MMSD) for losses related to a rain event that occurred when MMSD had coverage with a subsequent insurer. MMSD contracted with private companies to operate and maintain […]

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Lee Quality Home Care LLC v. DHS (DHS Authority)

In Lee Quality Home Care LLC v. DHS (2017AP1216), the Court of Appeals District IV held that the Wisconsin Department of Health Services (DHS) has the authority to recoup payments from a personal care provider for services performed by workers not trained according to DHS rules. First, the court affirmed that the plaintiff Lee Quality […]

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