The Wisconsin Supreme Court has accepted two new cases. The Supreme Court will review recent Court of Appeals decisions related to eminent domain and recreational immunity in the following cases: DSG Evergreen Family Limited Partnership v. Town of Perry (Eminent Domain) In this case, The Town of Perry took property from DSG in an […]
Commercial Docket Pilot Project Expanding
Date Thu, Mar. 28, 2019 - 12:37pm By Hamilton
The Wisconsin Court System announced this week the expansion of the Commercial Docket Pilot Project beginning April 1. Under the expansion, parties filing commercial cases in any Wisconsin county will now be able to transfer their cases to the Commercial Docket. Wisconsin’s Commercial Docket (a.k.a. Business Court) Pilot Project began in July 2017 in Waukesha […]
Appeals Court Issues Stay of Injunction on Extraordinary Session Laws
Date Thu, Mar. 28, 2019 - 12:34pm By Hamilton
The Court of Appeals District III has issued a stay of the temporary injunction in League of Women Voters v. Evers, one of the cases challenging the constitutionality of the 2018 extraordinary session laws. The stay comes after a Dane County circuit court judge ordered the injunction of 82 appointments confirmed in the extraordinary session […]
Second Dane County Judge Orders Injunction of Extraordinary Session Legislation
Date Thu, Mar. 28, 2019 - 12:31pm By Hamilton
Following an injunction ordered by Dane County Judge Richard Niess in the League of Women Voters v. Knudson case against the 2018 Extraordinary Session laws, a second Dane County judge enjoined provisions of the laws this week in SEIU v. Vos. Judge Frank Remington’s order partially grants the plaintiffs’ motion for temporary injunction. The order […]
Dane County Judge Orders Temporary Injunction of Extraordinary Session Laws
Date Fri, Mar. 22, 2019 - 10:53am By Hamilton
On March 21, Dane County Circuit Court Judge Richard Niess issued an order granting a temporary injunction prohibiting the enforcement of laws passed in the 2018 Extraordinary Session. Provisions blocked by the order include limits on the attorney general’s authority to withdraw from or settle certain cases, the legislature’s ability to intervene in certain lawsuits, […]
Gov. Evers Budget Would Move Worker’s Comp Functions to DWD, Restore Qui Tam
Date Mon, Mar. 4, 2019 - 9:34am By Hamilton
In his 2019-21 state budget address, Gov. Tony Evers proposed several reforms related to Wisconsin civil procedure. Most notably, the governor is seeking to reunify worker’s compensation under the Department of Workforce Development and to restore private individuals’ ability to bring qui tam claims by reviving the False Claims Act. Read about these and other […]
Financial Exploitation Cause of Action Legislation Introduced
Date Thu, Feb. 28, 2019 - 3:56pm By Hamilton
Sen. Bob Wirch (D-Racine) has introduced legislation (SB 41) that would create a new civil cause of action for financial exploitation of a vulnerable person. The bill awards prevailing plaintiffs treble damages (economic and noneconomic), attorney fees, and fees for services of any guardian ad litem incurred because of the litigation. The bill allows the […]
CityDeck Landing LLC v. Circuit Court for Brown County (Arbitration)
Date Thu, Feb. 28, 2019 - 3:55pm By Hamilton
In CityDeck Landing LLC v. Circuit Court for Brown County (2019 WI 15), the Wisconsin Supreme Court held that circuit courts may not stay private arbitration, even when there is an ongoing insurance coverage dispute connected to the arbitration parties. The 4-2 decision, authored by Justice R. Bradley (joined by Chief Justice Roggensack, Justice Kelly […]
West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc. (Duty to Defend)
Date Thu, Feb. 28, 2019 - 3:54pm By Hamilton
In West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc. (2019 WI 19), a 6-0 Wisconsin Supreme Court held that the insurer had a duty to defend in an advertising injury case. Health care manufacturing company Abbott filed a suit against Ixthus, claiming that Ixthus wrongfully diverted test strips intended for international markets to […]
Choinsky v. Germantown School District (Duty to Defend)
Date Thu, Feb. 28, 2019 - 3:54pm By Hamilton
In an opinion authored by Chief Judge Lisa Neubauer and joined by Judge Brian Hagedorn (both Wisconsin Supreme Court candidates), the Court of Appeals District II held in Choinsky v. Germantown School District (2018AP116) that insurers did not breach their duty to defend when they did not immediately accept the defense of their insured. Furthermore, […]