In Marx v. Morris (2019 WI 34), the Wisconsin Supreme Court decided that members of a limited liability company (LLC) have standing to assert a claim against another member of the LLC as individuals, not on behalf of the LLC. Furthermore, Wisconsin’s LLC law does not pre-empt common law claims. Plaintiffs Daniel Marx and Michael […]
Judge Brian Hagedorn Wins Wisconsin Supreme Court Race
Date Fri, Apr. 12, 2019 - 10:36am By Hamilton
In the only statewide race in the Wisconsin 2019 spring elections on April 2, Court of Appeals Judge Brian Hagedorn beat Court of Appeals Chief Judge Lisa Neubauer for an open seat on the Wisconsin Supreme Court. Hagedorn won by close to 6,000 votes, and Judge Neubauer has officially conceded, declining to call for a […]
Wisconsin Supreme Court Considers Whether DPI and Superintendent Violated REINS Act
Date Tue, Apr. 9, 2019 - 9:18am By Hamilton
The Wisconsin Supreme Court heard arguments on April 10 in one of the more important cases of the term, Koschkee v. Evers. The case presents important state constitutional issues centered on whether the Department of Public Instruction and Superintendent of Public Instruction violated the 2017 Regulations from the Need of Scrutiny Act (REINS Act). The […]
Extraordinary Session Litigation Update
Date Fri, Apr. 5, 2019 - 1:40pm By Hamilton
Several ongoing cases seeking to void the 2018 extraordinary session legislation are moving through Wisconsin and federal courts. This article provides background on each of the cases and updates on where each of the cases are in the legal process. League of Women Voters v. Evers Status 6/21/19: In a 4-3 decision the Wisconsin […]
Wolff v. Menard, Inc. (Negligence and Safe Place Statute)
Date Thu, Mar. 28, 2019 - 12:50pm By Hamilton
In Wolff v. Menard, Inc. (2018AP119), the Court of Appeals District I held that summary judgment was applicable because there were no issues of material fact related to where an accident at a Menards store occurred and who was responsible for it. Menard contracted with Neumann to maintain parts of its premises in the winter. […]
O’Brien v. Travelers Inn, LLC (Minimum Wage)
Date Thu, Mar. 28, 2019 - 12:49pm By Hamilton
In O’Brien v. Travelers Inn, LLC (2018AP1483), the Court of Appeals District IV held that employees are entitled to the minimum wage minus a statutorily set lodging deduction, regardless of the value of the lodging provided. Travelers Inn compensated employee Deborah O’Brien solely with lodging at a value of $500 per month. Divided by the […]
Emer’s Camper Corral, LLC v. Alderman (Negligent Procurement)
Date Thu, Mar. 28, 2019 - 12:47pm By Hamilton
In Emer’s Camper Corral, LLC v. Alderman (2018AP458), the Court of Appeals District III held that plaintiffs claiming negligent procurement by an insurance agent must establish that they could have obtained a non-injurious policy but for their agent’s alleged negligence. In this case, Camper Corral failed to produce evidence that it could have otherwise obtained […]
Peter Ogden Family Trust of 2008 v. Board of Review for the Town of Delafield (Property Tax Assessment)
Date Thu, Mar. 28, 2019 - 12:46pm By Hamilton
In Peter Ogden Family Trust of 2008 v. Board of Review for the Town of Delafield (2019 WI 23), the Wisconsin Supreme Court held that property owners do not need a business purpose in order for their land to be assessed as agricultural. The Ogdens owned two lots that were originally assessed as agricultural. The […]
Kieninger v. Crown Equipment Corp. (Wages)
Date Thu, Mar. 28, 2019 - 12:43pm By Hamilton
In Kieninger v. Crown Equipment Corp. (2019 WI 27), the Wisconsin Supreme Court unanimously held that employers are not required to compensate employees for time spent commuting using the employer’s vehicle. Crown Corp. allows its technicians to commute between work and home either in their personal vehicles or in company vans. Those commuting in personal […]
Supreme Court Oral Arguments – March 2019
Date Thu, Mar. 28, 2019 - 12:41pm By Hamilton
The Wisconsin Supreme Court held oral arguments this month on several notable cases, addressing issues including UIM coverage, subrogation waivers, and conditional use permits. Cases of interest include: Ann Cattau v. National Insurance Services of Wisconsin (negligence and breach of fiduciary duty) – March 18 The plaintiffs, former teachers and school administrators, claim negligence, […]