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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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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