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. […]
4th District Court of Appeals Decision: Security Health Plan v. American Family (Primary Coverage)
Date Thu, Nov. 1, 2018 - 9:16am By Hamilton
4th District Court of Appeals Decision: Stelpflug v. Rural Mutual Insurance Co. (Inception of Covered Loss)
Date Thu, Nov. 1, 2018 - 9:13am By Hamilton
In Stelpflug v. Rural Mutual Insurance Co. (2018AP34), the Court of Appeals District IV held that, when a barn burned down due to damages from a tornado a year earlier, the “inception of the loss” was the date of the barn fire, not the date of the tornado. A tornado damaged the Stelpflugs’ barn in […]
3rd District Court of Appeals Decision: Kmart Corp. v. Herzog Roofing, Inc. (Economic Loss Doctrine)
Date Thu, Nov. 1, 2018 - 9:10am By Hamilton
In Kmart Corp. v. Herzog Roofing, Inc.(2017AP1041), the Court of Appeals District III ruled that the economic loss doctrine barred Kmart’s negligence claim for property damages. Herzog and Kmart entered into a contract by which Herzog would provide materials and install a rubber roofing system on an Eau Claire Kmart store. Ten years later, the […]
1st District Court of Appeals Decision: Official Committee on Unsecured Creditors of Great Lakes Quick Lube LP v. John Theisen (Fraudulent Transfer Statute of Limitations)
Date Thu, Nov. 1, 2018 - 9:07am By Hamilton
In Official Committee on Unsecured Creditors of Great Lakes Quick Lube LP v. John Theisen (2018AP333), the Court of Appeals District I held that the fraudulent transfer statute of limitations begins when plaintiffs could reasonably have discovered the fraudulent nature of the transfer, rather than when the transfer itself occurred. The instant state case arises […]
Plaintiffs Refile in Gill v. Whitford Redistricting Case
Date Mon, Oct. 1, 2018 - 2:33pm By Hamilton
Democratic plaintiffs in Gill v. Whitford, the legal challenge to Wisconsin Republicans’ 2010 redistricting map, have refiled their case in district court. A three-judge panel (Chief U.S. District Judge James Peterson, appointed by President Barack Obama; 7th Circuit U.S. Court of Appeals Judge Kenneth Ripple, appointed by President Ronald Reagan; and U.S. District Judge William […]
Supreme Court Upholds $750,000 Limit on Noneconomic Damages in Med Malpractice Cases
Date Thu, Jul. 12, 2018 - 12:25pm By Hamilton
The Wisconsin Supreme Court in a 5-2 decision (Mayo v. Wisconsin Injured Patients and Families Compensation Fund) has upheld Wisconsin’s $750,000 limit on noneconomic damages in medical malpractice cases. The Court determined that the cap is constitutional because the legislature had a rational basis in enacting the cap statute to ensure affordable and accessible health care […]
Supreme Court Ends Agency Deference
Date Thu, Jul. 12, 2018 - 12:21pm By Hamilton
The Wisconsin Supreme Court recently issued a decision (Tetra Tech v. Department of Revenue) that ends the “agency deference” doctrine. Previously, Wisconsin courts deferred to regulatory agencies when interpreting statutory provisions that ultimately define agencies’ own power and reach. Under the decision, courts will continue to give “due weight,” or respectful consideration, to agencies’ expertise […]
U.S. Supreme Court Decides Plaintiffs in Redistricting Case Lack Standing
Date Fri, Jul. 6, 2018 - 1:10pm By Hamilton
In a long-awaited decision of this term, the U.S. Supreme Court decided the plaintiffs in Gill v. Whitford, the legal challenge to Wisconsin Republicans’ 2010 redistricting map, lack standing to challenge the statewide map. The Court remanded the case to district court, giving the plaintiffs another opportunity to demonstrate concrete injuries to their individual votes. […]
U.S. DOJ Will Not Defend Affordable Care Act
Date Thu, Jun. 14, 2018 - 8:34pm By Hamilton
The U.S. Department of Justice (U.S. DOJ) announced this week it will not defend the constitutionality of the Affordable Care Act (ACA) in Texas v. United States. In a letter to Speaker Paul Ryan, U.S. DOJ said it will side with plaintiffs Wisconsin Attorney General Brad Schimel and Texas Attorney General Ken Paxton, along with […]
SCOTUS Decision: Epic Systems v. Lewis (Arbitration Agreements)
Date Thu, May. 24, 2018 - 10:51am By Hamilton
The U.S. Supreme Court issued a decision this week in Epic Systems Corp. v. Lewis, holding that individualized arbitration contracts between employers and employees that waive class actions are enforceable under the Federal Arbitration Act. Previously, courts and the National Labor Relations Board have held that individualized arbitration agreements are enforceable. However, a 2012 NLRB […]