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 […]
Supreme Court Rules that Federal Law Preempts State Negligence Claims Against Railroad Company
Date Wed, Jul. 30, 2014 - 1:40pm By Hamilton
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 […]
Court Holds Plaintiff’s Insurer Must Defend and Indemnify the Defendant
Date Thu, Jul. 17, 2014 - 10:13am By Hamilton
In a troubling 4-3 decision authored by Chief Justice Abrahamson, joined by Justices Crooks, Bradley, and Prosser, the Wisconsin Supreme Court held that the plaintiff’s insurance carrier, American Family Insurance, had a duty to defend and indemnify the tortfeasor because the torfeasor was a “permissive user” of the plaintiff’s vehicle under American Family’s policy. Justice […]
“Lemon Law King” Loses
Date Wed, Jul. 16, 2014 - 2:21pm By Hamilton
In a 5-1 decision authored by Justice Ziegler and joined by Justices Crooks, Bradley, Prosser, and Gableman (Chief Justice Abrahamson dissenting and Justice Roggensack not participating), the Wisconsin Supreme Court handed the self-proclaimed “Lemon Law King” a defeat by refusing to award him attorney’s fees in a lawsuit. The case is Betz v. Diamond Jim’s […]
Seventh Circuit Strikes Down Wisconsin’s Campaign Finance Rules
Date Thu, May. 22, 2014 - 12:12pm By Hamilton
In an 88-page decision, the U.S. Court of Appeals for the 7th Circuit struck down a number of provisions under Wisconsin’s campaign finance law, as well as rules issued by the Government Accountability Board. The case is Wisconsin Right to Life v. Barland. Judge Diane Sykes, writing for the three-judge majority, began the decision by […]
Wisconsin Lauded for “Common Sense” Legal Reforms
Date Wed, May. 21, 2014 - 4:38pm By Hamilton
Lisa Rickard, President of the U.S. Chamber of Institute for Legal Reform (ILR), recently wrote an article (“Wisconsin: Capital of Common Sense”), in which she commends Gov. Scott Walker and the Wisconsin Legislature for leading the nation over the past three years in enacting civil justice reforms. As Rickard notes: During the current decade, Governor […]
Seventh Circuit Court of Appeals Upholds Act 10
Date Fri, Apr. 25, 2014 - 12:23pm By Hamilton
In September, we reported that the U.S. District Court for the Western District of Wisconsin upheld Wisconsin Act 10, also known as the Budget Repair Bill. The plaintiffs failed to prove that Act 10 improperly restricts collective bargaining rights, and that Act 10 violates the Equal Protection Clause by treating individuals represented by a collective […]
DOJ Launches New Medical Forensics Website
Date Thu, Apr. 24, 2014 - 2:53pm By Hamilton
The Wisconsin Department of Justice has launched a new website which provides information and assistance for nurses and other medical professionals practicing medical forensics and responding to sexual assault cases. The website provides information, training, and technical assistance for medical professionals to learn how to collect evidence. Said Attorney General Van Hollen, “It’s incredibly important […]
State Senate Passes Two Civil Liability Reform Bills – Governor Expected to Sign
Date Thu, Apr. 3, 2014 - 3:33pm By Hamilton
The Wisconsin Senate passed two civil liability reform bills on the last day of session. Most notable was AB 120, the health care provider “Apology” bill. This is legislation that the health care community has worked on for many years. AB 120/SB 129 – (Inadmissibility of a statement of apology or condolence by a health […]