Judges Announce Campaigns for Supreme Court Next Year

Two state judges have announced campaigns for the Wisconsin Supreme Court next year for the seat currently occupied by Justice Patience Roggensack, who plans to retire. The race will appear on the nonpartisan spring ballot in April 2023. Justices in Wisconsin serve staggered 10-year terms. On May 25, Milwaukee County Judge Janet Protasiewicz announced her […]

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Judge Rules Legislative Oversight of DOJ Settlements is Unconstitutional

A relatively new law, requiring the Wisconsin Department of Justice (DOJ) to seek legislative approval to settle or discontinue a civil action, is facing a legal challenge brought by Attorney General (AG) Josh Kaul. Enacted in December 2018 during a “lame-duck” extraordinary session, 2017 Wisconsin Act 369 granted the review power to the Legislature’s budget-writing […]

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Legislative Update: Lawsuit Lending; Building Trades; GOP Workforce Package

The Wisconsin Legislature appears poised to finish its business by March 10, the last regular session day on its 2021-22 calendar. With that, many bills are moving quickly through the legislative process. Here, we review some notable items. Hearings this week on lawsuit lending reform A bill (AB 858/SB 842) to reform lawsuit lending in […]

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2022 Legislative Preview

In 2022, the Wisconsin Legislature is expected to continue committee work and floor votes for the first few months of the year and then adjourn at some point in the spring. Here are a few key bills we will be watching: Assembly Bill (AB) 296/Senate Bill (SB) 309: Defining “telehealth” and “free and charitable clinics” […]

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Wisconsin Supreme Court Holding Oral Arguments September Through December

The Wisconsin Supreme Court has announced its schedule for oral arguments for the remainder of 2021. Earlier this year, the court heard cases in January through April and one case in May, then took a break over the summer and began hearing cases again in September. Below is a summary of the court’s schedule for […]

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Graef v. Continental Indemnity Company (Worker’s Compensation Exclusive Remedy)

In Graef v. Continental Indemnity Company (2018AP1782), the Wisconsin Supreme Court held that an employee’s negligence claim was barred by the exclusive-remedy provision of the Wisconsin Worker’s Compensation Act. Facts Graef was gored by a bull while working in the livestock yard at Equity Livestock. Because of physical injuries and depression resulting from the incident, […]

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Kemper Independence Insurance Company v. Islami (Insurance Denial for Concealment or Fraud)

In Kemper Independence Insurance Company v. Islami (2019AP488), the Wisconsin Supreme Court upheld an insurer’s denial of coverage based on the actions of a claimant’s estranged spouse. Facts In 2014, Ydbi Islami set fire to the home occupied by his estranged wife, Ismet Islami. The two had been legally separated since 1998; Ismet received sole […]

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Anderson v. LIRC (Rehiring an Injured Employee)

In Anderson v. LIRC (2020AP27), the District III Court of Appeals held that an employer was not liable for refusing to rehire an injured employee because the employee’s injuries prevented him from performing his previous job, while the employee also failed to express an interest in taking a different position with the company. Facts Anderson […]

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Shannon v. Mayo Clinic Health System (Class Action Scope)

In Shannon v. Mayo Clinic Health System (2020AP1186), the District III Court of Appeals held that the circuit court erred in its refusal to amend the class definition in a class action lawsuit. Facts In a lawsuit filed on behalf of herself and a putative class, Shannon alleged that she was improperly charged for the […]

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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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