The Legislative Council Study Committee on the Transfer of Structured Settlement Payments met last week to discuss the bill draft that would create a statute for the issue. Currently, Wisconsin is one of only two states that does not have state statute addressing the transfer of structured settlements. The committee’s discussion of the bill draft […]
Wisconsin Supreme Court Issues Split Decision Resulting in Loss for Manufacturer
Date Wed, Oct. 15, 2014 - 4:31pm By Hamilton
The Supreme Court of Wisconsin on Tuesday, October 7 issued a split decision which resulted in a loss for Sohn Manufacturing in a worker’s compensation case. The issue before the Court was whether the federal Occupational Safety and Health Act (OSHA) preempts the State of Wisconsin from imposing penalties for safety violations under Wisconsin laws. […]
Wisconsin Supreme Court Hears Case Dealing with Non-Compete Agreements
Date Wed, Oct. 15, 2014 - 4:22pm By Hamilton
On Wednesday, October 1, the Supreme Court of Wisconsin heard oral argument in a case that involves an important issue to Wisconsin employers who hire employees on an at-will basis and seek to protect themselves with non-competition, confidentiality, and non-solicitation agreements (hereinafter, “Non-Competes” or “Agreements”). The opinion of a Milwaukee County Circuit Court that is […]
Milwaukee Judge Strikes Down Limits for Non-Economic Damages in Medical Malpractice Cases
Date Wed, Oct. 15, 2014 - 1:07pm By Hamilton
On Friday, October 3, Milwaukee County Judge Jeffrey Conen issued an order and decision in which he struck down Wisconsin’s $750,000 limit for non-economic damages medical malpractice cases. The case is Mayo v. Wisconsin Injured Patients Compensation Fund, et al., 2012CV006272 (Oct. 3, 2014). Background The plaintiff, Ascaris Mayo, went to the emergency room suffering […]
Court Upholds Statutory Damages Limit for UW Physicians
Date Wed, Oct. 15, 2014 - 12:20pm By Hamilton
On September 24, the Court of Appeals, Dist. IV located in Madison held that the statutory limit of $250,000 on damage awards against state employees, including University of Wisconsin Hospital physicians, was constitutional. The case is Fiez v. Keevil, 2013AP2711 (Sept. 24, 2014). Background Defendant Robert Keevil, a physician employed by the University of Wisconsin Medical […]
TIF and Structured Settlement Payments Study Committees to Meet Next Week
Date Thu, Oct. 2, 2014 - 3:15pm By Hamilton
Two Legislative Council Study Committees will be meeting next week on Thursday, October 9, at the Wisconsin State Capitol, and Hamilton Consulting will be there to follow the proceedings. The Study Committee on the Review of Tax Incremental Financing will meet at 10 AM on Thursday in Room 413 North. At the meeting, members of […]
Wisconsin Supreme Court Hears Oral Argument in Case Dealing with Non-Compete Agreements
Date Thu, Oct. 2, 2014 - 1:46pm By Hamilton
On Wednesday, October 1, the Wisconsin Supreme Court heard oral argument in a case that involves an important issue to Wisconsin employers who hire employees on an at-will basis and seek to protect themselves with non-competition, confidentiality, and non-solicitation agreements (hereinafter, “Non-Competes” or “Agreements”). The opinion of a Milwaukee County Circuit Court that is under […]
Wisconsin State Supreme Court Hears Oral Arguments in Civil Liability Cases
Date Thu, Sep. 18, 2014 - 2:34pm By Hamilton
The Supreme Court of Wisconsin has begun to hear oral arguments for the 2014-15 term, including cases involving civil liability issues. Below is a summary of three cases of interest to Wisconsin businesses. Court to Decide Meaning of “Owner in Dog Bite Case Court to Determine Whether Manure is a Pollutant for Insurance Policies Court […]
Court to Decide Meaning of “Owner” in Dog Bite Case
Date Thu, Sep. 18, 2014 - 2:22pm By Hamilton
The Wisconsin Supreme Court earlier this month heard oral arguments in a case deciding whether the defendant is an “owner” and thus liable for damages caused by a dog at the home he owned, but in which he did not live. The case is Augsburger v. Homestead Mut. Ins., 2012AP641. Background The defendant owned […]
Wisconsin Supreme Court to Determine Manure as a Pollutant for Insurance Policies
Date Thu, Sep. 18, 2014 - 2:08pm By Hamilton
On Friday, September 12, the Wisconsin Supreme Court heard a number of cases dealing with the issue of whether septage is a “pollutant” that triggers the pollution exclusions in the insurers’ policies. Below is a discussion of the cases heard by the Supreme Court. Background In the first case (Preisler v. Kuettel’s Septic Service, […]