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 […]
Piper v. Jones Dairy Farm (Donning & Doffing Compensation)
Date Wed, Apr. 8, 2020 - 2:45pm By Hamilton
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 […]
Legislature Passes Bill to Create Certificates of Qualification for Employment for Ex-Offenders
Date Thu, Feb. 20, 2020 - 4:17pm By Hamilton
This week, the Wisconsin Legislature sent to Gov. Evers’s desk a bill that would create a Council on Offender Employment to issue certificates of qualification for employment (CQEs) to ex-offenders. The bill seeks to reduce recidivism by helping ex-offenders re-enter the workforce. Under the legislation (AB 30), the certificates issued by the Council would qualify […]
Oral Argument Preview: Correa v. Woodman’s Food Market (Personal Injury)
Date Mon, Jan. 6, 2020 - 12:07pm By Hamilton
On Jan. 21, the Wisconsin Supreme Court will hear oral arguments in Correa v. Woodman’s Food Market, which will address the standards of proof for establishing constructive notice of a hazard and the determinations a jury may make from video surveillance in premises liability cases. Facts & Lower Court Decisions In this case, plaintiff […]
Supreme Court Accepts Agency Rulemaking Case Papa v. DHS
Date Mon, Jan. 6, 2020 - 12:05pm By Hamilton
The Wisconsin Supreme Court recently accepted five new cases, including one that will again address agency rulemaking, following the court’s recent decision in Lamar Central Outdoor. The newly accepted case, Papa v. DHS, will determine whether a Wisconsin Department of Health Services (DHS) policy in DHS’s Medicaid Provider Handbook has the “force of law” (Wis. […]
Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (Rulemaking Requirements)
Date Mon, Jan. 6, 2020 - 12:03pm By Hamilton
In the Wisconsin Supreme Court’s first decision affecting the business community in the 2019-20 term, the court issued an important opinion on agency rulemaking in Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (2019 WI 109). The Supreme Court held that the Department of Transportation (DOT) was required to promulgate a rule when […]
Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (Jury Verdict on Damages)
Date Mon, Jan. 6, 2020 - 12:01pm By Hamilton
In Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (2018AP2213), the Court of Appeals District IV upheld a jury’s award of $25,000 in damages to American Wood Recycling for a trailer damaged by American Disposal. American Wood alleged that American Disposal negligently overloaded one of American Wood’s trailers, which resulted […]