Seventh Circuit Reverses Lead Paint Verdict, Limits the Scope of “Risk-Contribution Theory”

From 2005 to 2011, Wisconsin had a six-year window where plaintiffs could sue manufacturers of white lead carbonate (a pigment formerly used in some paints) under a tort theory known as “risk-contribution.” Under this theory, plaintiffs can seek damages from a company that produced white lead carbonate used in paint even if the plaintiff cannot […]

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Mueller v. Bull’s Eye Sports Shop (Spoliation of Evidence)

In Mueller v. Bull’s Eye Sports Shop (2020AP978), the District IV Court of Appeals upheld the circuit court’s sanction for spoliation of evidence. Facts Tyler Mueller was injured while hunting when a gun he was carrying, owned by his brother Jordan Mueller, discharged accidentally. Tyler sued Bull’s Eye Sports Shop, which assembled the gun and […]

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Thom v. 1st Auto & Casualty Insurance Company (Auto Insurance)

In Thom v. 1st Auto & Casualty Insurance Company (2020AP285), the District IV Court of Appeals determined an insurer’s liability for a vehicle covered but not specifically described by a policy issued by that insurer. Facts Thom was severely injured when she was involved in a car accident with another vehicle driven by a thirteen-year-old […]

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Rave v. SVA Healthcare Services (Class Certification)

In Rave v. SVA Healthcare Services (2019AP2236), the District I Court of Appeals upheld the circuit court’s decision to certify a class in a lawsuit involving fees for medical records. Facts After being injured in a car crash, Rave retained a personal injury law firm and authorized his attorneys to obtain his health care records. […]

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Mohns v. BMO Harris Bank (Discovery Violations)

In Mohns v. BMO Harris Bank (2018AP71), the Wisconsin Supreme Court held that the circuit court was within its discretion to impose judgement on liability, including for intentional misrepresentation, as a sanction for discovery violations. Facts Mohns, Inc. was the general contractor for a condominium construction venture developed by Paul Bouraxis and financed by BMO […]

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Clark v. League of Wisconsin Municipalities Mutual Insurance Company (Notice of Claim)

In Clark v. League of Wisconsin Municipalities Mutual Insurance Company (2019AP954 and 2019AP1489), the District II Court of Appeals held that a claim may still be able to proceed even though the plaintiff failed to provide formal notice as required by Wis. Stat. § 893.80(1d)(a). Facts While working as an instructor for Fox Valley Technical […]

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Great Lakes Excavating v. Dollar Tree Stores (Construction Lien Waiver)

In Great Lakes Excavating v. Dollar Tree Stores (2019AP2095), the District I Court of Appeals held that an improperly limited lien waiver that did not comply with Wis. Stat. § 779.05(1) constituted a full waiver of lien rights. Facts Riverworks City Center contracted with AMCON Design and Construction to build a commercial building and parking […]

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Cincinnati Insurance Company v. Ropicky (Insurance Claim Investigation)

In Cincinnati Insurance Company v. Ropicky (2020AP791), the District II Court of Appeals held that an agent acting on behalf of an insurer to conduct a post-loss claim investigation was not exempt from liability for negligence. Facts Homeowners Ropicky and Leichtfuss filed a property damage claim with Cincinnati Insurance Company, the issuer of their homeowners’ […]

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Gamini v. Quartz Health Benefit Plans Corporation (Health Insurance Claim Denial)

In Gamini v. Quartz Health Benefit Plans Corporation (2020AP1442), the District IV Court of Appeals upheld a health insurer’s denial of an insurance claim. Facts Gamini’s son was visiting another country when he began experiencing severe dental pain. An X-ray revealed four impacted wisdom teeth, which were removed by an oral surgeon. The family was […]

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V&J Employment Services v. Liberty Mutual Insurance Company (Employee Benefits Liability Coverage)

In V&J Employment Services v. Liberty Mutual Insurance Company (2019AP2415), the District I Court of Appeals held that a company’s commercial insurance policy, including employee benefits liability coverage, did not provide for defense or indemnification against lawsuits involving wage claims. Facts A group of companies under the V&J brand faced several class-action lawsuits in New […]

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