In Midwest Neurosciences Associates, LLC v. Great Lakes Neurosurgical Associates (2018 WI 112), the Supreme Court held that circuit courts may decide whether a dispute should be arbitrated when an original contract contains a mandatory arbitration clause but a subsequent contract does not. The parties in this case entered into an “Operating Agreement” contract with […]
Supreme Court Decision: Midwest Neurosciences Associates, LLC v. Great Lakes Neurosurgical Associates, LLC (Arbitrability)
Date Fri, Dec. 21, 2018 - 11:09am By Hamilton
Court of Appeals Decision: The Lamar Company, LLC v. DOT (Litigation Expenses for Condemnation)
Date Fri, Dec. 21, 2018 - 11:08am By Hamilton
In The Lamar Company, LLC v. DOT (2017AP1001), the Court of Appeals District IV held that Lamar was not entitled to litigation expenses under Wisconsin’s eminent domain statutes because the outdoor advertising statutes do not include the award of litigation costs. Wisconsin’s outdoor advertising statutes in Wis. Stat. § 84.30 provide a procedure for determining […]
DSG Evergreen Family Limited Partnership v. Town of Perry (Eminent Domain)
Date Fri, Dec. 21, 2018 - 11:07am By Hamilton
In DSG Evergreen Family Limited Partnership v. Town of Perry (2017AP2352), the Court of Appeals District IV held that the plaintiff had no private right of action against the town and claim preclusion applied, barring this eminent domain case. The Town of Perry took property from DSG in an eminent domain action. The land taken […]
Court of Appeals Decision: Troy Paulson v. DNR (Wetland Permit)
Date Fri, Dec. 21, 2018 - 11:07am By Hamilton
In Troy Paulson v. DNR (2018AP696), the Court of Appeals District III upheld a Department of Natural Resources (DNR) decision to deny Paulson a wetland permit because he failed to timely file for judicial review under Wis. Stat. Ch. 227. Paulson was seeking a wetland general permit under Wis. Stat. § 281.36(3g) to fill in […]
Court of Appeals Decision: Joan A. Kelly v. Amanda E. Berg (Dog Bite Liability)
Date Fri, Dec. 21, 2018 - 11:06am By Hamilton
In Joan A. Kelly v. Amanda E. Berg (2017AP2033), the Court of Appeals District III, based on policy concerns, denied double damages to a plaintiff injured by a dog bite. 2015 Act 112 reformed Wisconsin’s long standing dog bite liability statute (Wis. Stat. § 174.02(1)(b)). Act 112 clarified that owners are only be liable for […]
Court of Appeals Decision: Michael Bukovic v. LIRC (Worker’s Compensation)
Date Fri, Dec. 21, 2018 - 11:04am By Hamilton
In Michael Bukovic v. LIRC (2017AP1612), the Court of Appeals District III held that the plaintiff was not entitled to worker’s compensation fees because he was acting outside the course of his employment. Bukovic worked at CPF, Inc., a machine and fabrication shop, and was injured in an explosion while trying to transfer gas from […]
Court of Appeals Decision: M. Samir Siddique v. UW Board of Regents (Attorney Fees Under Wis. Equal Access to Justice Act)
Date Fri, Dec. 21, 2018 - 11:04am By Hamilton
In M. Samir Siddique v. UW Board of Regents (2017AP1443), the Court of Appeals District I held that a plaintiff is not considered a “prevailing party” entitled to attorney fees if the defendant voluntarily changes its conduct. Siddique received sanctions for misconduct from UW Milwaukee after violating university policy in an incident involving student government […]
Court of Appeals Decision: Lamar Central Outdoor, LLC v. DOT (Billboard Nonconforming Use)
Date Fri, Dec. 21, 2018 - 11:02am By Hamilton
In Lamar Central Outdoor, LLC v. DOT (2017AP1823), the Court of Appeals District IV held that the enlargement of a nonconforming outdoor advertising sign along an interstate highway caused it to lose its nonconforming status, making it illegal and subject to removal. The sign in this case was erected on a state highway in […]
Court of Appeals Decision: Damien Berg v. Bradley Maxfield, M.D. (Medical Negligence)
Date Fri, Dec. 21, 2018 - 11:02am By Hamilton
In Damien Berg v. Bradley Maxfield, M.D. (2017AP1448), the Court of Appeals District IV upheld summary judgment dismissing patient Berg’s medical negligence claim against Dr. Maxfield. Dr. Maxfield performed a voiding cystourethrogram (VCUG) procedure on Berg but did not interpret any remarkable results from the images. Berg consulted another doctor, who found a mass of […]
Court of Appeals Decision: Joshua Balde v. Olivia Haas (Vehicle and Property Coverage)
Date Fri, Dec. 21, 2018 - 11:01am By Hamilton
In Joshua Balde v. Olivia Haas (2017AP2173), the Court of Appeals District III held that, in a coverage dispute related to a UTV accident, coverage from the property insurer was not due because another insurer covered the UTV. Mt. Morris Mutual Insurance Co. issued an insurance policy on the property where the accident occurred. The […]