A coalition has filed a complaint seeking to deem the legislature’s 2018 extraordinary session legislation unconstitutional and unenforceable. The complaint argues that the extraordinary session was not convened in accordance with the Wisconsin Constitution, which authorizes the legislature to meet only as provided by law or when convened by the governor (Wis. Const. Art. IV, […]
Complaint Filed Seeking to Declare Extraordinary Session Legislation Unconstitutional
Date Fri, Jan. 18, 2019 - 11:38am By Hamilton
Court of Appeals Certification: Clean Wisconsin v. Department of Natural Resources
Date Fri, Jan. 18, 2019 - 11:36am By Hamilton
The Court of Appeals District II submitted a certification this week asking the Wisconsin Supreme Court to take up Clean Wisconsin v. Department of Natural Resources. The issue in this case is whether 2011 Act 21 precludes DNR from considering cumulative environmental impacts in issuing high capacity well permits under Wis. Stat. § 281.34. DNR […]
Engelhardt v. City of New Berlin (Governmental Immunity)
Date Fri, Jan. 18, 2019 - 11:35am By Hamilton
In Engelhardt v. City of New Berlin (2019 WI 2), the Supreme Court held that the City of New Berlin was negligent when a child drowned on a field trip because the known and present danger exception to governmental immunity applied. Lily Engelhardt drowned on a field trip with the City of New Berlin Parks […]
West Bend Mutual Insurance Co. v. Calumet Equity Mutual Insurance Co. (Coverage for Domestic Duties)
Date Fri, Jan. 18, 2019 - 11:33am By Hamilton
In West Bend Mutual Insurance Co. v. Calumet Equity Mutual Insurance Co. (2018AP435), the Court of Appeals District II held that farming work is not a “domestic duty” covered by an insurance policy. The case arises from an accident where plaintiff David Schaefer’s cows escaped and caused a collision on a nearby road. West Bend […]
Turner v. Bounce Back, LLC (Personal Injury)
Date Fri, Jan. 18, 2019 - 11:32am By Hamilton
In Turner v. Bounce Back, LLC (2018AP352), the Court of Appeals District III affirmed that the manufacturer of an inflatable air bag was not liable for injuries sustained when Colin Turner jumped onto it. Fifty-eight-year-old Turner was injured at a Chippewa Valley music festival when he jumped from a platform onto the airbag, attempting to […]
John Soletski v. Krueger International, Inc. (Statute of Repose/Independent Contractor Rule)
Date Fri, Jan. 18, 2019 - 11:31am By Hamilton
In John Soletski v. Krueger International, Inc. (2017AP2063), the Court of Appeals District III held that Krueger was not liable for an injury to an independent contractor operating its scissor lift. The court held the plaintiff’s negligence claims were barred under the statute of repose and the rule of employer immunity for independent contractors. Furthermore, […]
Danielle Jackson v. Diane Burczyk (Governmental Immunity)
Date Fri, Jan. 18, 2019 - 11:30am By Hamilton
In Danielle Jackson v. Diane Burczyk (2018AP65), the Court of Appeals District II held that governmental immunity applied to correctional facility employees when a kettle tipped, spilling boiling water that injured Danielle Jackson, who was a cook at the facility. Jackson argued that exceptions to governmental immunity applied in her case. The first exception states […]
Town of Forest v. PSC (Wind Farm Application)
Date Fri, Jan. 18, 2019 - 11:28am By Hamilton
In Town of Forest v. PSC (2018AP367), the Court of Appeals District III declined on the grounds of claim preclusion Forest’s petition for judicial review of the Public Service Commission’s (PSC) final approval of a wind farm application. The court also declined to hold PSC in contempt of court following a previous circuit court order. […]
Jacqueline Wise v. LIRC (Worker’s Compensation)
Date Fri, Jan. 18, 2019 - 11:27am By Hamilton
In Jacqueline Wise v. LIRC (2017AP2191), the Court of Appeals District II overturned an LIRC decision denying worker’s compensation for procedures related to the patient’s pre-existing condition. Jacqueline Wise slipped and fell on ice in the parking lot of her workplace, causing pain in her hips that prevented her from working at the caregiving facility. […]
Aamaans Properties, Inc. v. DOT (Inverse Condemnation)
Date Fri, Jan. 18, 2019 - 9:13am By Hamilton
In Aamaans Properties, Inc. v. DOT (2017AP1220), the Court of Appeals District IV held that a property owner is not entitled to compensation when the Department of Transportation (DOT) relocates a nearby highway but does not physically take the property or legally change its use. Aamaans owned a property on a road that closely intersected […]