In Anderson v. LIRC (2020AP27), the District III Court of Appeals held that an employer was not liable for refusing to rehire an injured employee because the employee’s injuries prevented him from performing his previous job, while the employee also failed to express an interest in taking a different position with the company. Facts Anderson […]
Shannon v. Mayo Clinic Health System (Class Action Scope)
Date Wed, Jul. 28, 2021 - 7:18pm By Hamilton
In Shannon v. Mayo Clinic Health System (2020AP1186), the District III Court of Appeals held that the circuit court erred in its refusal to amend the class definition in a class action lawsuit. Facts In a lawsuit filed on behalf of herself and a putative class, Shannon alleged that she was improperly charged for the […]
Seventh Circuit Reverses Lead Paint Verdict, Limits the Scope of “Risk-Contribution Theory”
Date Tue, Jun. 1, 2021 - 1:48pm By Hamilton
From 2005 to 2011, Wisconsin had a six-year window where plaintiffs could sue manufacturers of white lead carbonate (a pigment formerly used in some paints) under a tort theory known as “risk-contribution.” Under this theory, plaintiffs can seek damages from a company that produced white lead carbonate used in paint even if the plaintiff cannot […]
Mueller v. Bull’s Eye Sports Shop (Spoliation of Evidence)
Date Tue, Jun. 1, 2021 - 1:46pm By Hamilton
In Mueller v. Bull’s Eye Sports Shop (2020AP978), the District IV Court of Appeals upheld the circuit court’s sanction for spoliation of evidence. Facts Tyler Mueller was injured while hunting when a gun he was carrying, owned by his brother Jordan Mueller, discharged accidentally. Tyler sued Bull’s Eye Sports Shop, which assembled the gun and […]
Thom v. 1st Auto & Casualty Insurance Company (Auto Insurance)
Date Tue, Jun. 1, 2021 - 1:45pm By Hamilton
In Thom v. 1st Auto & Casualty Insurance Company (2020AP285), the District IV Court of Appeals determined an insurer’s liability for a vehicle covered but not specifically described by a policy issued by that insurer. Facts Thom was severely injured when she was involved in a car accident with another vehicle driven by a thirteen-year-old […]
Rave v. SVA Healthcare Services (Class Certification)
Date Tue, Jun. 1, 2021 - 1:44pm By Hamilton
In Rave v. SVA Healthcare Services (2019AP2236), the District I Court of Appeals upheld the circuit court’s decision to certify a class in a lawsuit involving fees for medical records. Facts After being injured in a car crash, Rave retained a personal injury law firm and authorized his attorneys to obtain his health care records. […]
Mohns v. BMO Harris Bank (Discovery Violations)
Date Tue, Apr. 13, 2021 - 1:04pm By Hamilton
In Mohns v. BMO Harris Bank (2018AP71), the Wisconsin Supreme Court held that the circuit court was within its discretion to impose judgement on liability, including for intentional misrepresentation, as a sanction for discovery violations. Facts Mohns, Inc. was the general contractor for a condominium construction venture developed by Paul Bouraxis and financed by BMO […]
Clark v. League of Wisconsin Municipalities Mutual Insurance Company (Notice of Claim)
Date Tue, Apr. 13, 2021 - 1:03pm By Hamilton
In Clark v. League of Wisconsin Municipalities Mutual Insurance Company (2019AP954 and 2019AP1489), the District II Court of Appeals held that a claim may still be able to proceed even though the plaintiff failed to provide formal notice as required by Wis. Stat. § 893.80(1d)(a). Facts While working as an instructor for Fox Valley Technical […]
Great Lakes Excavating v. Dollar Tree Stores (Construction Lien Waiver)
Date Tue, Apr. 13, 2021 - 1:03pm By Hamilton
In Great Lakes Excavating v. Dollar Tree Stores (2019AP2095), the District I Court of Appeals held that an improperly limited lien waiver that did not comply with Wis. Stat. § 779.05(1) constituted a full waiver of lien rights. Facts Riverworks City Center contracted with AMCON Design and Construction to build a commercial building and parking […]
Cincinnati Insurance Company v. Ropicky (Insurance Claim Investigation)
Date Tue, Apr. 13, 2021 - 1:02pm By Hamilton
In Cincinnati Insurance Company v. Ropicky (2020AP791), the District II Court of Appeals held that an agent acting on behalf of an insurer to conduct a post-loss claim investigation was not exempt from liability for negligence. Facts Homeowners Ropicky and Leichtfuss filed a property damage claim with Cincinnati Insurance Company, the issuer of their homeowners’ […]