In Hanning Regency LLC v. Town of Brookfield Board of Review (2018AP1584), the Court of Appeals District II held that the Town of Brookfield proceeded on an incorrect theory of law when assessing a commercial property. The year after Hanning Regency bought commercial properties in Brookfield, the town reassessed the properties for tax purposes at […]
Hanning Regency LLC v. Town of Brookfield Board of Review (Property Assessment)
Date Tue, Jul. 23, 2019 - 3:21pm By Hamilton
Rosneck v. LIRC (Employment Discrimination)
Date Tue, Jul. 23, 2019 - 3:20pm By Hamilton
In Rosneck v. LIRC (2018AP1179), the Court of Appeals District IV upheld a Labor and Industry Review Commission (LIRC) decision that the University of Wisconsin-Madison did not discriminate against employee Karen Rosneck when it declined to reclassify her position. During a state reallocation survey of library services assistant positions, Roscneck requested administrators reclassify her from […]
Anderson v. DFI (Due Process)
Date Tue, Jul. 23, 2019 - 3:16pm By Hamilton
In Anderson v. DFI (2017AP1670), the Court of Appeals District II held that the Department of Financial Institutions’s (DFI) notice to the plaintiff regarding his liability for involvement in illegal securities transactions violated constitutional due process. DFI sent plaintiff Gregory Anderson a notice alleging that he was engaging in illegal securities transactions. The notice informed […]
Correa v. Wooodman’s Food Market (Personal Injury)
Date Tue, Jul. 23, 2019 - 3:14pm By Hamilton
In Correa v. Wooodman’s Food Market (2018AP1165), the Court of Appeals District I held that a plaintiff who slipped and fell in a grocery store lacked sufficient evidence to establish the store had constructive notice of the hazard. Jose Correa slipped and fell on an unidentified substance in a Woodman’s store and subsequently filed negligence […]
Wisconsin Supreme Court Rules Extraordinary Session Laws Constitutional in League of Women Voters Decision
Date Mon, Jun. 24, 2019 - 11:54am By Hamilton
In a 4-3 decision on June 21, the Wisconsin Supreme Court affirmed that the Legislature’s 2018 extraordinary session was constitutional in League of Women Voters v. Evers (2019 WI 75), thus upholding 2017 Acts 368, 369, and 370 and the confirmation of 82 appointments. Background The Wisconsin Legislature passed three laws limiting the power […]
Wisconsin Supreme Court Accepts New Cases
Date Mon, Jun. 24, 2019 - 11:49am By Hamilton
The Wisconsin Supreme Court recently accepted several new cases. Cases of note include: Chris Hinrichs v. DOW Chemical Company (2017AP2361) – Fraudulent Misrepresentation In this case, Hinrichs’s company used a malfunctioning DOW Chemical adhesive, which negatively affected the company’s sales. Hinrichs filed misrepresentation claims, which the court of appeals dismissed on the basis of […]
Pinter v. Village of Stetsonville (Governmental Immunity)
Date Mon, Jun. 24, 2019 - 11:47am By Hamilton
In Pinter v. Village of Stetsonville (2019 WI 74), a 4-3 Wisconsin Supreme Court held that a village’s oral policy related to wastewater processes did not create a ministerial duty exempting it from governmental immunity protections. Furthermore, expert testimony was required for the plaintiff to proceed with a public nuisance claim against the village. […]
Rural Mutual Insurance Co. v. Lester Buildings, LLC (Subrogation Waiver)
Date Mon, Jun. 24, 2019 - 11:45am By Hamilton
In Rural Mutual Insurance Co. v. Lester Buildings, LLC (2019 WI 70), the Wisconsin Supreme Court determined that a subrogation waiver did not violate Wis. Stat. § 895.447, which provides that any provision to limit tort liability in a construction contract is against public policy and void. Jim Herman, Inc. and Lester Building entered into […]
David Paynter v. ProAssurance Wisconsin Insurance Co. (Borrowing Statute in Medical Malpractice)
Date Mon, Jun. 24, 2019 - 11:43am By Hamilton
In David Paynter v. ProAssurance Wisconsin Insurance Co. (2019 WI 65), the Wisconsin Supreme Court held that in medical malpractice cases where a misdiagnosis causes latent, continuous injury, the plaintiff’s first injury determines whether the action is a “foreign cause of action” under Wisconsin’s statute applying foreign statutes of limitation (Wis. Stat. § 893.07), also known […]
Schroeder v. Zurich American Insurance Co. (Governmental Immunity)
Date Mon, Jun. 24, 2019 - 11:42am By Hamilton
In Schroeder v. Zurich American Insurance Co. (2018AP1737), the Court of Appeals District IV dismissed a personal injury case against a government contractor on the grounds of governmental immunity. Keith Schroeder was injured when he rode his motorcycle over loose gravel on a road Fahrner Asphalt Sealers had been repairing for the Town of Fulton. […]