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 Supreme Court Hears Oral Argument in Case Dealing with Non-Compete Agreements
Date Thu, Oct. 2, 2014 - 1:46pm By Hamilton
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, […]
Wis. Supreme Court to Determine Worker’s Compensation Case
Date Thu, Sep. 18, 2014 - 2:01pm By Hamilton
The Wisconsin Supreme Court will hear oral arguments on Tuesday, September 23 in a case that will decide whether the federal Occupational Safety and Health Act (OSHA) preempts the State of Wisconsin from imposing penalties for safety violations under Wisconsin laws. Background An employee (Tonya Wetor) was injured on the job while working at […]
Study Committee on Transfer of Structured Settlements
Date Thu, Sep. 18, 2014 - 12:36pm By Hamilton
The Legislative Council has convened a summer study committee that has legislators and public members reviewing the transfer of structured settlement payments. The committee has been meeting since late July to hear presentations from Wisconsin and national professionals who handle structured settlement agreements. By late 2014, the committee plans to submit legislation to the Wisconsin […]
Courts Split on ACA Tax Subsidies
Date Wed, Jul. 30, 2014 - 1:49pm By Hamilton
On July 22, the U.S. Court of Appeals for the District of Columbia Circuit struck a blow to the Affordable Care Act (ACA) when it held that the ACA did not authorize the Internal Revenue Service (IRS) to provide tax credits for health insurance purchased on federal health exchanges. That same day, the U.S. Court […]
Supreme Court Rules that Federal Law Preempts State Negligence Claims Against Railroad Company
Date Wed, Jul. 30, 2014 - 1:40pm By Hamilton
In a 5-2 decision authored by Justice Prosser, joined by Justices Crooks, Roggensack, Ziegler, and Gableman, the Wisconsin Supreme Court held that a parade and resultant parade traffic leading to a train collision with a vehicle did not qualify as an exception to preemption under the Federal Railroad Safety Act (FRSA). Chief Justice Abrahamson authored […]
Milwaukee Journal Sentinel Op-ed – “Vets Favor New State Asbestos Law”
Date Wed, Jul. 30, 2014 - 1:37pm By Hamilton
The Milwaukee Journal Sentinel on Sunday, July 20, published an op-ed by Wisconsin veterans Larry Kutschma and Steven Stefonik voicing their support for the new asbestos transparency law (2013 Wisconsin Act 154). The op-ed responded to a call by gubernatorial candidate Mary Burke to repeal the new law. According to Kutschma and Stefonik: As veterans, […]
Court can Compel Employee to Accept Settlement Offer under Worker’s Comp Law
Date Wed, Jul. 30, 2014 - 1:34pm By Hamilton
In a 5-2 decision authored by Justice Roggensack, joined by Justices Crooks, Prosser, Ziegler, and Gableman, the Wisconsin Supreme Court held that a circuit court may compel an employee to accept a settlement offer under Wisconsin’s worker’s compensation law (Wis. Stat. § 102.29(1)). Justice Bradley authored a dissenting opinion and was joined by Chief Justice […]