Faude v. WERC (Wrongful Termination)

In Faude v. WERC (2017AP842), the Court of Appeals District III held that an employer did not wrongfully terminate an employee because of her union-related activity. Rebecca Faude was a certified nursing assistant at Clark County Health Care Center. Faude also served as a union steward who negotiated with management on employees’ behalf. Clark County […]

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Town of Little Wolf v. Waupaca County (Mining Nonconforming Use)

In Town of Little Wolf v. Waupaca County (2017AP1941), the Court of Appeals District IV upheld Waupaca County’s decision that a mine was a lawful nonconforming use after the passage of a non-metallic mining ordinance. In 2015, Waupaca County passed the non-metallic mining ordinance, which requires new and expanding mines to obtain conditional use permits. […]

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Vallier v. LIRC (Worker’s Compensation)

In Vallier v. LIRC (2018AP936), the Court of Appeals District I held that the plaintiff was not entitled to worker’s compensation because her pre-existing condition was not aggravated by a minor injury at work. Nurse Tamara Vallier hit her elbow against a wall while working for Aurora Health Care at St. Luke’s Medical Center. Vallier […]

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Bakkestuen v. Lepke Holdings LLC (Wages)

In Bakkestuen v. Lepke Holdings LLC (2017AP2500), the Court of Appeals District IV held that employer Lepke owed dump truck drivers compensation for preparation time before and after actual loading time. Citing the 2016 Wisconsin Supreme Court decision United Food & Com. Workers Union v. Hormel Foods Corp., which held that donning and doffing of […]

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Langenhahn v. West Bend Mutual Insurance Co. (Recreational Immunity)

In Langenhahn v. West Bend Mutual Insurance Co. (2017AP2178), the Court of Appeals District III held that recreational immunity applied when a pedestrian was injured leaving a community event. Paula Langenhahn tripped on a barricade while walking to her vehicle from the community event Marathon Fun Days. The barricade was placed to close off a […]

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Anderson v. Kayser Ford, Inc. (Duty to Defend)

In Anderson v. Kayser Ford, Inc. (2017AP2018), the Court of Appeals District IV held that insurers have a duty to defend insureds in lawsuits where the only indemnifiable claim is dismissed (leaving only noncovered claims to be litigated at the trial level) because the indemnifiable claim could recur on appeal. Jody Anderson filed this lawsuit […]

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Manthe v. DOT (Condemnation)

In Manthe v. DOT (2017AP1598), the Court of Appeals District IV held that Wisconsin’s freeway statute (Wis. Stat. § 84.295(3)) does not violate equal protection rights and denied damages to a property owner following the condemnation of his property by the state Department of Transportation (DOT). Manthe’s property is located on either side of Highway […]

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Hinrichs v. DOW Chemical Co. (Fraudulent Representation)

In Hinrichs v. DOW Chemical Co. (2017AP2361), the Court of Appeals District II dismissed misrepresentation claims on the basis of the economic loss doctrine, but ruled the plaintiffs might be considered “the public” for the purposes of bringing forth a fraudulent representation claim.   Facts Chris Hinrichs developed acrylic skylight panels for vehicles and owned […]

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Nutt v. Union Pacific Railroad Co. (Driver Negligence)

In Nutt v. Union Pacific Railroad Co. (2018AP695), the Court of Appeals District III held that Union Pacific was not liable for injuries to a driver struck at a railroad crossing. A Union Pacific train struck Jordan Nutt at a crossing in Baldwin, Wisconsin. The crossing had a stop sign and a retroreflective railroad crossing […]

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AG Kaul Asks Legislature for Approval to Withdraw from ACA Lawsuit

Wisconsin Attorney General Josh Kaul has sent a letter to the legislature’s Joint Committee on Finance (JFC), requesting authorization to withdraw the state from multistate litigation seeking to declare the Affordable Care Act unconstitutional. The request to withdraw comes after a back and forth between Gov. Tony Evers, Kaul, and the legislature regarding the governor’s […]

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