In Central United Methodist Church v. City of Milwaukee (2019AP778), the Court of Appeals District I held that a Milwaukee church accepting donations for use of its parking lot used its property exclusively for benevolent purposes; therefore, the church was entitled to a property tax exemption under Wis. Stat. § 70.11(4). Central United, a non-profit […]
Central United Methodist Church v. City of Milwaukee (Tax Exemption)
Date Wed, Apr. 8, 2020 - 3:13pm By Hamilton
Kasal v. Stryker Corp. (Attorney Fees in Worker’s Compensation)
Date Wed, Apr. 8, 2020 - 3:10pm By Hamilton
In Kasal v. Stryker Corp. (2019AP1017), the Court of Appeals District I held that an insurer was not entitled to attorney fees in a third-party liability worker’s compensation case because the insured’s policy precluded recovery of attorney fees. Aurora hospital employee Mary Kasal was injured by a piece of equipment at work. Kasal subsequently filed […]
Wisconsin Supreme Court Oral Arguments – March & April
Date Wed, Apr. 8, 2020 - 3:06pm By Hamilton
Due to COVID-19 concerns, the Wisconsin Supreme Court has canceled its oral arguments for most of March and April. New dates for oral arguments will be set at a later date, unless all parties stipulate to the court proceeding with a decision without oral arguments. As of right now, oral arguments are still on for […]
Wisconsin Supreme Court Accepts New Veto Authority Case
Date Wed, Apr. 8, 2020 - 3:01pm By Hamilton
The Wisconsin Supreme Court recently accepted a new case, Wisconsin Small Business United, Inc. v. Brennan (2019AP2054), which will decide whether the governor’s partial veto authority allows him to change dates in a piece of legislation. Petitioners challenge the constitutional validity of two vetoes by Gov. Scott Walker in the 2017-19 budget bill. In that […]
Hinrichs v. Dow Chemical Co. (Fraudulent Representation)
Date Wed, Apr. 8, 2020 - 2:58pm By Hamilton
In Hinrichs v. Dow Chemical Co. (2020 WI 2), the Wisconsin Supreme Court dismissed misrepresentation claims on the basis of the economic loss doctrine, but ruled the plaintiff might be considered “the public” for the purposes of bringing a statutory fraudulent representation claim. The court further found that heightened pleading standards for fraud claims do […]
Veritas Steel, LLC v. Lunda Construction Co. (Successor Liability)
Date Wed, Apr. 8, 2020 - 2:56pm By Hamilton
In Veritas Steel, LLC v. Lunda Construction Co. (2019 WI 3), the Wisconsin Supreme Court declined to expand the “de facto merger” and “mere continuation” exceptions to the general rule against successor liability. Construction contractor Lunda had secured a $16 million judgment against steel fabricator PDM Bridge, LLC. PDM also owed other lenders approximately $76 […]
Mueller v. TL90108, LLC (Wrongful Detention)
Date Wed, Apr. 8, 2020 - 2:55pm By Hamilton
In Mueller v. TL90108, LLC (2020 WI 7), the Wisconsin Supreme Court unanimously determined that plaintiffs may file a wrongful detention claim against a possessor of previously converted property. The statute of repose for wrongful detention begins when the new possessor takes control of the vehicle, not necessarily when a demand for return of the property […]
Choinsky v. Employers Insurance Co. of Wausau (Duty to Defend)
Date Wed, Apr. 8, 2020 - 2:53pm By Hamilton
In Choinsky v. Employers Insurance Co. of Wausau (2020 WI 13), a 5-1 Wisconsin Supreme Court held that insurers did not breach their duty to defend when they did not immediately accept the defense of their insured. Insurers may initially deny a tendered claim, then follow a judicially preferred method of determining coverage to avoid […]
Town of Wilson v. City of Sheboygan (Annexation)
Date Wed, Apr. 8, 2020 - 2:51pm By Hamilton
In Town of Wilson v. City of Sheboygan (2020 WI 16), the Wisconsin Supreme Court upheld the approval of Kohler Co.’s annexation of land from the Town of Wilson to the City of Sheboygan for the purpose of developing a golf course. Facts & Decision The Town argued that the City, in adopting the […]
DSG Evergreen Family Limited Partnership v. Town of Perry (Eminent Domain)
Date Wed, Apr. 8, 2020 - 2:49pm By Hamilton
In DSG Evergreen Family Limited Partnership v. Town of Perry (2020 WI 23), a unanimous Wisconsin Supreme Court held that claim preclusion did not apply, but the plaintiff had no private right of action against the town, barring this eminent domain case. The Town of Perry took property from DSG in an eminent domain action. […]