In Warrington v. City of Prairie du Chien (2019AP95), the Court of Appeals District IV held that recreational immunity applied, barring parents’ claim that the city was negligent in their son’s drowning during a swim lesson. The Warringtons’ son died after drowning at the City of Prairie du Chien pool during a swim lesson run […]
Warrington v. City of Prairie du Chien (Recreational Immunity)
Date Tue, Dec. 3, 2019 - 12:32pm By Hamilton
Eagle Cove Camp & Conference Center, Inc. v. County of Oneida (Zoning)
Date Tue, Dec. 3, 2019 - 12:31pm By Hamilton
In Eagle Cove Camp & Conference Center, Inc. v. County of Oneida (2018AP940), the Court of Appeals District III held that claim preclusion barred most of the plaintiff’s claims against the County and the Town of Woodboro, and the court awarded the Town damages because the action was frivolous. Eagle Cove sought a conditional use […]
Superior Water, Light & Power Co. v. London Market Insurers (Environmental Contamination Coverage)
Date Tue, Dec. 3, 2019 - 12:28pm By Hamilton
In Superior Water, Light & Power Co. v. London Market Insurers (2018AP1926), the Court of Appeals District III found that an insurance policy’s provision on coverage for environmental contamination was ambiguous. Several insurance companies (referred to by the court as London Market Insurers, or LMI) issued excess liability policies to Superior Water in 1970. In […]
Brenner v. National Casualty Co. (Excess Coverage)
Date Tue, Dec. 3, 2019 - 12:27pm By Hamilton
In Brenner v. National Casualty Co. (2018AP2252), the Court of Appeals District I held that Amerisure’s policy was in excess to the primary National Casualty policy covering the Milwaukee World Festival, where an injury to a contractor occurred. National insured the Milwaukee World Festival. Amerisure insured Hunzinger Construction Co., which was contracting with Milwaukee World […]
Haynes v. LIRC (Discrimination Claim)
Date Tue, Dec. 3, 2019 - 12:26pm By Hamilton
In Haynes v. LIRC (2018AP1581), the Court of Appeals District IV upheld a Labor & Industry Review Commission (LIRC) decision dismissing a discrimination claim. Plaintiff Sharon Haynes filed this claim alleging race and sex discrimination against Blain’s Farm & Fleet. Haynes claimed that Blain’s technicians intentionally failed to secure a tire on her vehicle and […]
Hughes v. Allstate Indemnity Co. (Coverage Exclusion)
Date Tue, Dec. 3, 2019 - 12:25pm By Hamilton
In Hughes v. Allstate Indemnity Co. (2019AP1234), the Court of Appeals District IV held that homeowner’s insurance policy exclusions precluded coverage for water damage to the plaintiff’s basement. Hughes’s basement sustained water damage after someone turned on a spigot and left it running without Hughes’s knowledge or permission. Hughes filed this lawsuit seeking coverage from […]
Christus Lutheran Church of Appleton v. DOT (Condemnation of Property)
Date Tue, Dec. 3, 2019 - 12:23pm By Hamilton
In Christus Lutheran Church of Appleton v. DOT (2018AP1114), the Court of Appeals District III held that when the Department of Transportation (DOT) independently decides to include additional items of compensation in a jurisdictional offer for property condemnation, DOT must obtain a new appraisal supporting the new items in the offer. DOT sought to take […]
Bills on Notice of Claim, Pleading Procedures Pass Legislature
Date Thu, Nov. 7, 2019 - 11:11am By Hamilton
Two bills that would make changes to Wisconsin procedures for service of certain documents are moving in the Wisconsin Legislature. The bills, authored by Rep. Ron Tusler (R-Harrison) and Sen. Fred Risser (D-Madison), passed the Senate this week after passing the Assembly in June. Now, the bills go to the governor’s desk for signature before […]
Chief Justice Highlights Business Court in 2019 State of the Judiciary
Date Thu, Nov. 7, 2019 - 10:55am By Hamilton
On Nov. 6, Wisconsin Supreme Court Chief Justice Patience Roggensack delivered the 2019 State of the Judiciary address. The Chief Justice’s remarks highlighted several initiatives in the 2019-21 state budget and the success of Wisconsin’s Commercial Docket (a.k.a. Business Court) Pilot project that began in July 2017. The Chief Justice gave examples of the success […]
Multi-State Actions by AG Kaul
Date Thu, Nov. 7, 2019 - 10:52am By Hamilton
Since taking office at the beginning of 2019, Wisconsin Attorney General Josh Kaul has announced the state’s participation in several multistate actions covering various issues. The actions include comments challenging federal administration proposals, investigations into corporations, and multistate lawsuits and amicus briefs. Below is an update on notable multistate actions in which Wisconsin is participating: […]