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. […]
Lang v. Lions Club of Cudahy Wisconsin, Inc. (Recreational Immunity)
Date Wed, Apr. 8, 2020 - 2:47pm By Hamilton
In Lang v. Lions Club of Cudahy Wisconsin, Inc. (2020 WI 25), the Wisconsin Supreme Court held that recreational immunity applied to a sound engineer who set up cords that injured a woman at a music performance because the sound engineer was an agent of the festival owner. Facts At an event run by […]
Piper v. Jones Dairy Farm (Donning & Doffing Compensation)
Date Wed, Apr. 8, 2020 - 2:45pm By Hamilton
In Piper v. Jones Dairy Farm (2020 WI 28), the Wisconsin Supreme Court determined that employees’ donning and doffing activities are compensable under state law and such compensation cannot be precluded by collective bargaining agreement. Facts Plaintiffs are employees of Jones Dairy Farm seeking compensation for time spent putting on and removing safety shoe […]
Wisconsin Courts Continue to Respond to COVID-19
Date Wed, Apr. 8, 2020 - 2:40pm By Hamilton
As Wisconsin government and the public struggle with the COVID-19 pandemic, Wisconsin courts remain operational but with reduced calendaring. Subject to certain exceptions, all proceedings in Wisconsin courts are to be conducted via remote audio-video technology if practicable. (Supreme Court order) Wisconsin Supreme Court March 18, March 30, and April 1 oral arguments cancelled. (More on oral arguments) […]
After Court Rulings, In-Person Voting Proceeds in Supreme Court Election
Date Wed, Apr. 8, 2020 - 1:58pm By Hamilton
After rulings from the Supreme Court of the United States and the Wisconsin Supreme Court the night before election day upheld the April 7 date and absentee voting requirements, Wisconsin’s election for state Supreme Court proceeded with few changes. In-person voting was held, and absentee voter requirements were largely the same (though at record high […]
Wisconsin Court of Appeals Rules in Voter Registration Lawsuit
Date Tue, Mar. 24, 2020 - 1:08pm By Hamilton
In Zignego v. Wisconsin Elections Commission (2019AP2397/2020AP112), the Court of Appeals District IV overturned a circuit court order mandating the Wisconsin Elections Commission deactivate the registrations of Wisconsin voters who had recently moved and failed to timely apply for continuation of registration. Background Wis. Stat. § 6.50(3) provides that, if a municipal clerk or […]
Court of Appeals Rules on Agency Rulemaking Case
Date Fri, Mar. 6, 2020 - 9:30am By Hamilton
In Applegate-Bader Farm, LLC v. DOR (2018AP1239), the Court of Appeals District IV held that the Wisconsin Department of Revenue (DOR) complied with rulemaking procedures in Wis. Stat. Ch. 227 when it promulgated new rules regarding property tax classification. Background Wisconsin law provides certain incentives for property owners to participate in state and federal […]