In Veritas Steel, LLC v. Lunda Construction Co. (2017AP822), the Court of Appeals District IV maintained a narrow application of the “de facto merger” and “mere continuation” exceptions to Wisconsin’s general rule against successor liability. Construction contractor Lunda had secured a $16 million judgment against steel fabricator PDM Bridge, LLC. PDM also owed other lenders […]
Court of Appeals Decision: Veritas Steel, LLC v. Lunda Construction Co. (Successor Liability)
Date Fri, Dec. 21, 2018 - 11:00am By Hamilton
Court of Appeals Decision: Engelking v. Enbridge (Pipeline Right of Way Grant)
Date Fri, Dec. 21, 2018 - 10:59am By Hamilton
The Court of Appeals District III held in Engelking v. Enbridge (2017AP2450) that property owners’ future damages claims against Enbridge for pipelines located on their property were barred by claim preclusion. The appeals court also upheld summary judgment in favor of Enbridge, allowing it to continue transporting natural gas liquids (NGLs) via the pipelines. Property […]
Legislature Names Judiciary & Courts Committee Chairpersons
Date Fri, Dec. 21, 2018 - 10:58am By Hamilton
Senate Majority Leader Scott Fitzgerald (R-Juneau) and Assembly Speaker Robin Vos (R-Rochester) have announced 2019-20 committee leaders for their respective chambers, including those committees that will likely be tasked with legal reform bills. In the Senate, Sen. Van Wanggaard (R-Racine) was renamed chairman of the Committee on Judiciary & Public Safety. In addition, Sen. Dave […]
Supreme Court Adopts Petition Amending Default Judgment Rule
Date Thu, Nov. 1, 2018 - 9:29am By Hamilton
Recently, the Supreme Court adopted a petition amending the default judgment rule (Wis. Stat. § 806.02) for parties failing to timely file answers to complaints. Under previous law, only plaintiffs could obtain default judgments against defendants who fail to comply with deadlines in Wis. Stat. § 802.06(1). Under the statute as amended by the Supreme […]
2018 State of the Judiciary Address Highlights Business Court Pilot
Date Thu, Nov. 1, 2018 - 9:27am By Hamilton
On Oct. 31, Chief Justice Patience Roggensack delivered the 2018 State of the Judiciary Address. Among other topics, Chief Justice Roggensack’s remarks highlighted Wisconsin’s Commercial Docket (a.k.a. Business Court) Pilot Project that began in July 2017. According to Chief Justice Roggensack, the commercial docket has handled 35 cases as of September, 14 of which have […]
Supreme Court November Oral Arguments
Date Thu, Nov. 1, 2018 - 9:24am By Hamilton
The Supreme Court will hear oral arguments in six cases next week, marking the beginning of the November calendar. On Monday, Nov. 5, the court will hear arguments in two cases of note: Yacht Club at Sister Bay Condo Association, Inc. v. Village of Sister Bay will determine whether each nuisance-causing event at a town […]
Wisconsin Tort Costs Fair Well in U.S. Chamber Study
Date Thu, Nov. 1, 2018 - 9:22am By Hamilton
At its annual summit in October, the U.S. Chamber Institute for Legal Reform released a comprehensive study on how the tort system imposes costs on society. The study shows Wisconsin’s costs and compensation in its tort system fair well in comparison to other states. The study showed Wisconsin has the fourth lowest tort costs per […]
Supreme Court Decision: SECURA Insurance v. Lyme St. Croix Forest Co. (Occurrences from a Single Cause)
Date Thu, Nov. 1, 2018 - 9:20am By Hamilton
In SECURA v. Lyme St. Croix Forest Co., LLC (2018 WI 103), the Supreme Court issued its first major decision of the 2018-19 term, ruling in a unanimous decision on a tort case involving insurance coverage for property damaged in the Germann Road Fire. The issue before the court was whether multiple occurrences may arise […]
1st District Court of Appeals Decision: Lang v. Lions Club of Cudahy Wisconsin, Inc. (Recreational Immunity)
Date Thu, Nov. 1, 2018 - 9:17am By Hamilton
In Lang v. Lions Club of Cudahy Wisconsin, Inc. (2017AP2510), the Court of Appeals District 1 held that recreational immunity did not apply to a sound engineer who set up cords that injured a woman at a music performance. At an event run by the Lions Club, plaintiff Antoinette Lang tripped over an electrical cord […]
4th District Court of Appeals Decision: Security Health Plan v. American Family (Primary Coverage)
Date Thu, Nov. 1, 2018 - 9:16am By Hamilton
In Security Health Plan v. American Family (2017AP1914), the Court of Appeals District IV concluded that American Family’s automobile insurance policies’ medical expense coverage was not a “plan” under Wis. Admin. Code § INS 3.40. Therefore, American Family did not owe Security reimbursement for medical expenses of 42 claimants insured by both entities. Wis. Admin. […]