Supreme Court Adopts Petition Amending Default Judgment Rule

Recently, the Supreme Court adopted a petition amending the default judgment rule (Wis. Stat. § 806.02) for parties failing to timely file answers to complaints. Under previous law, only plaintiffs could obtain default judgments against defendants who fail to comply with deadlines in Wis. Stat. § 802.06(1). Under the statute as amended by the Supreme […]

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2018 State of the Judiciary Address Highlights Business Court Pilot

On Oct. 31, Chief Justice Patience Roggensack delivered the 2018 State of the Judiciary Address. Among other topics, Chief Justice Roggensack’s remarks highlighted Wisconsin’s Commercial Docket (a.k.a. Business Court) Pilot Project that began in July 2017. According to Chief Justice Roggensack, the commercial docket has handled 35 cases as of September, 14 of which have […]

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Supreme Court November Oral Arguments

The Supreme Court will hear oral arguments in six cases next week, marking the beginning of the November calendar. On Monday, Nov. 5, the court will hear arguments in two cases of note: Yacht Club at Sister Bay Condo Association, Inc. v. Village of Sister Bay will determine whether each nuisance-causing event at a town […]

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Wisconsin Tort Costs Fair Well in U.S. Chamber Study

At its annual summit in October, the U.S. Chamber Institute for Legal Reform released a comprehensive study on how the tort system imposes costs on society. The study shows Wisconsin’s costs and compensation in its tort system fair well in comparison to other states. The study showed Wisconsin has the fourth lowest tort costs per […]

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Supreme Court Decision: SECURA Insurance v. Lyme St. Croix Forest Co. (Occurrences from a Single Cause)

In SECURA v. Lyme St. Croix Forest Co., LLC (2018 WI 103), the Supreme Court issued its first major decision of the 2018-19 term, ruling in a unanimous decision on a tort case involving insurance coverage for property damaged in the Germann Road Fire. The issue before the court was whether multiple occurrences may arise […]

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1st District Court of Appeals Decision: Lang v. Lions Club of Cudahy Wisconsin, Inc. (Recreational Immunity)

In Lang v. Lions Club of Cudahy Wisconsin, Inc. (2017AP2510), the Court of Appeals District 1 held that recreational immunity did not apply to a sound engineer who set up cords that injured a woman at a music performance. At an event run by the Lions Club, plaintiff Antoinette Lang tripped over an electrical cord […]

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4th District Court of Appeals Decision: Security Health Plan v. American Family (Primary Coverage)

In Security Health Plan v. American Family (2017AP1914), the Court of Appeals District IV concluded that American Family’s automobile insurance policies’ medical expense coverage was not a “plan” under Wis. Admin. Code § INS 3.40. Therefore, American Family did not owe Security reimbursement for medical expenses of 42 claimants insured by both entities. Wis. Admin. […]

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4th District Court of Appeals Decision: Stelpflug v. Rural Mutual Insurance Co. (Inception of Covered Loss)

In Stelpflug v. Rural Mutual Insurance Co. (2018AP34), the Court of Appeals District IV held that, when a barn burned down due to damages from a tornado a year earlier, the “inception of the loss” was the date of the barn fire, not the date of the tornado. A tornado damaged the Stelpflugs’ barn in […]

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3rd District Court of Appeals Decision: Kmart Corp. v. Herzog Roofing, Inc. (Economic Loss Doctrine)

In Kmart Corp. v. Herzog Roofing, Inc.(2017AP1041), the Court of Appeals District III ruled that the economic loss doctrine barred Kmart’s negligence claim for property damages. Herzog and Kmart entered into a contract by which Herzog would provide materials and install a rubber roofing system on an Eau Claire Kmart store. Ten years later, the […]

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1st District Court of Appeals Decision: Official Committee on Unsecured Creditors of Great Lakes Quick Lube LP v. John Theisen (Fraudulent Transfer Statute of Limitations)

In Official Committee on Unsecured Creditors of Great Lakes Quick Lube LP v. John Theisen (2018AP333), the Court of Appeals District I held that the fraudulent transfer statute of limitations begins when plaintiffs could reasonably have discovered the fraudulent nature of the transfer, rather than when the transfer itself occurred. The instant state case arises […]

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