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 […]
Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (Rulemaking Requirements)
Date Mon, Jan. 6, 2020 - 12:03pm By Hamilton
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 […]
William Sesing Construction, Inc. v. American Bank (Liability for Embezzlement)
Date Mon, Jan. 6, 2020 - 12:00pm By Hamilton
In William Sesing Construction, Inc. v. American Bank (2018AP1126), the Court of Appeals District II held that American Bank did not breach its contract nor was it negligent when a Sesing employee embezzled funds from an American Bank account. Sesing hired Denise Heffner as its bookkeeper. In 2013, Sesing discovered that Heffner was embezzling money […]
Payette v. Marx (Prejudgment Interest)
Date Mon, Jan. 6, 2020 - 11:58am By Hamilton
*Case recommended for publication. In Payette v. Marx (2018AP627), the Court of Appeals District III held that insurers do not owe prejudgment damages under Wis. Stat. § 628.46 when a third party demands general damages and the insurer is not certain it actually owes the demanded sum. Defendant David Marx struck and killed plaintiff […]
Wargaski v. NCI Group, Inc. (Warranty Forum Selection Clause)
Date Mon, Jan. 6, 2020 - 11:56am By Hamilton
In Wargaski v. NCI Group, Inc. (2018AP2014), the Court of Appeals District III found that a warranty’s forum selection clause applied, barring the Wisconsin lawsuit. Robert Wargaski alleged breach of warranty when NCI Group, Inc. rejected his warranty claim for faded paint on roofing panels Wargaski had purchased. The warranty contained a forum selection clause […]
Worker’s Comp Advisory Council Agrees on 2019-20 Bill
Date Mon, Jan. 6, 2020 - 11:45am By Hamilton
Last month, Wisconsin’s Worker’s Compensation Advisory Council (WCAC) approved draft legislation for the 2019-20 legislative session. Each session, management and labor members of WCAC come to an agreement and introduce a bill on worker’s compensation reforms. This session’s agreed-upon legislation includes moving worker’s compensation proceedings from the Department of Administration (DOA) Division of Hearings & […]
Signed Into Law: Bills on Notice of Claim, Pleading Procedures
Date Tue, Dec. 3, 2019 - 12:45pm By Hamilton
On Nov. 20, Gov. Tony Evers signed into law two bills making changes to Wisconsin procedures for service of certain documents. The bipartisan bills, authored by Rep. Ron Tusler (R-Harrison) and Sen. Fred Risser (D-Madison), passed the Legislature earlier in November. AB 58 allows personal service of a notice of claim against a state, officer, employee, or […]
Bills of Note: Additional Circuit Courts
Date Tue, Dec. 3, 2019 - 12:41pm By Hamilton
On Nov. 12, the Wisconsin Assembly passed a bill that would add an additional 12 circuit court branches to the state. Specifically, Assembly Bill 470 would allow the director of state courts to add a total of 12 circuit court branches – four each year beginning in 2021. Counties would have to have passed a […]
Supreme Court Candidates Debate at Forum
Date Tue, Dec. 3, 2019 - 12:38pm By Hamilton
On Nov. 19, all three candidates running in the spring Wisconsin Supreme Court election met for the first forum of the campaign. The winner of the spring election will serve a ten-year term beginning in 2020. Two candidates – Dane County Circuit Court Judge Jill Karofsky and Marquette University Law School professor Ed Fallone – […]
Village of Mishicot v. Arseneau (Fourteenth Amendment – Selective Prosecution)
Date Tue, Dec. 3, 2019 - 12:33pm By Hamilton
In Village of Mishicot v. Arseneau (2019AP541), the Court of Appeals District II found that the village did not violate its resident’s Fourteenth Amendment rights by selectively prosecuting her for violation of a floodplain ordinance. Defendant Jodi Arseneau wanted to repair and expand a storage shed on her property, but the state Department of Natural […]