The Wisconsin Supreme Court recently accepted several new cases. The final oral arguments of the 2018-19 term were held on May 15, so new cases will be heard in the fall. Cases of note include: Town of Wilson v. City of Sheboygan (2018AP2162). The Supreme Court will review Kohler Co.’s petition to annex land from […]
Wagner v. Allstate Property and Casualty Insurance Co. (Judicial Estoppel)
Date Fri, May. 10, 2019 - 9:49am By Hamilton
In Wagner v. Allstate Property and Casualty Insurance Co. (2018AP162), the Court of Appeals District IV declined to dismiss a personal injury case based on the doctrine of judicial estoppel. The court said it was unclear whether the plaintiff intentionally contradicted her claim in a previous bankruptcy case. In April 2015 plaintiff Melinda Wagner was […]
Society Insurance v. Bessemer Plywood Co. (Duty to Defend)
Date Thu, May. 9, 2019 - 12:05pm By Hamilton
In Society Insurance v. Bessemer Plywood Co. (2018AP224), the Court of Appeals District III held that an insurer had no duty to defend because an injury occurred during the course of employment; therefore, the policy’s employment exclusion applied. Bessemer Plywood Co. hired Maki Trucking & Logging to pick up a load of plywood from a […]
Moustakis v. DOJ (Public Records)
Date Thu, May. 9, 2019 - 12:04pm By Hamilton
In Moustakis v. DOJ (2018AP373), the Court of Appeals District III held that the public records law is constitutional as applied to elected officials. Former district attorney Albert Moustakis was the subject of a public records request. The Department of Justice (DOJ) compiled records, which contained unsubstantiated complaints about Moustakis, and performed a weighing of […]
Roggensack Re-Elected as Wisconsin Supreme Court Chief Justice
Date Thu, May. 9, 2019 - 12:01pm By Hamilton
The Wisconsin Supreme Court has re-elected Chief Justice Patience Roggensack as Chief Justice for another two-year term. The Chief Justice serves as the administrative leader of the Wisconsin Court system. Chief Justice Roggensack was elected to the court in 2003 and re-elected in 2013. She became the first Justice elected by members of the court […]
Wisconsin Supreme Court Accepts New Cases
Date Thu, May. 9, 2019 - 12:00pm By Hamilton
The Wisconsin Supreme Court recently accepted several new cases. Cases of note include: Clean Wisconsin v. DNR. This case will decide whether 2011 Act 21 precludes the Department of Natural Resources (DNR) from considering cumulative environmental impacts in issuing high capacity well permits under Wis. Stat. § 281.34. The Wisconsin legislature recently moved to intervene in this case […]
Swanson v. Gatzke (Dental Malpractice)
Date Wed, May. 8, 2019 - 12:18pm By Hamilton
In Swanson v. Gatzke (2018AP305), the Court of Appeals District III held that a circuit court erred in changing jury apportioned negligence in this dental malpractice case. Mary Swanson was diagnosed with a dental disease that increases the patient’s susceptibility to tooth decay. Despite recommendations from several practitioners, Swanson did not see her dentist Dr. […]
Gene Frederickson Trucking and Excavating, Inc. v. Wagner (Prima Facie Tort)
Date Wed, May. 8, 2019 - 12:17pm By Hamilton
In Gene Frederickson Trucking and Excavating, Inc. v. Wagner (2018AP436), the Court of Appeals District III declined to adopt a new “prima facie tort” under Wisconsin law. Frederickson contracted with an LLC to perform trucking and excavation work. The LLC failed to fully pay Frederickson. The LLC later defaulted on two separate loans from a […]
Carlin Lake Association, Inc. v. Carlin Club Properties, LLC (County Ordinances)
Date Wed, May. 8, 2019 - 12:16pm By Hamilton
In Carlin Lake Association, Inc. v. Carlin Club Properties, LLC (2017AP2439), the Court of Appeals District III upheld an injunction on a business’s pumping and transporting well water on its property and allowed riparian property owners’ claims that the activity violated county ordinances to proceed. Carlin Club owned a lodge on Carlin Lake that was […]
Town of Lincoln v. City of Whitehall (Annexation of Town)
Date Wed, May. 8, 2019 - 12:14pm By Hamilton
In Town of Lincoln v. City of Whitehall (2019 WI 37), the Wisconsin Supreme Court held that a petition for direct annexation not signed by all property owners is not a petition “by unanimous approval,” allowing a town to challenge the petition more broadly. Wis. Stat. § 66.0217(2) requires petitions for “direct annexation by unanimous […]