Earlier this week, the Assembly and Senate again considered Assembly Bill 1 (AB 1), a comprehensive COVID-19 response package that was introduced at the start of the session by Speaker Robin Vos (R-Rochester) and quickly passed by the Assembly along partisan lines. AB 1 was then amended by the Senate via Senate Substitute Amendment 1 […]
Assembly Adds Contested Provisions Back to AB 1; Senate Makes a Minor Addition and Passes the Assembly’s Updated Version
Date Fri, Jan. 29, 2021 - 9:15am By Hamilton
Poteete v. Wales
Date Mon, Dec. 7, 2020 - 10:51am By Hamilton
In Poteete v. Wales, (2020AP741) the District IV Court of Appeals dismissed an appeal on ground that the court lacked jurisdiction because the appeal had been filed after the time to appeal had already expired. Facts: The circuit court heard a security deposit dispute between landlord and tenant, with a ruling ultimately being made in […]
Diamond v. Office of the Commissioner of Insurance
Date Mon, Dec. 7, 2020 - 10:50am By Hamilton
In Diamond v. Office of the Commissioner of Insurance, (2020AP99) the District IV Court of Appeals affirmed disciplinary action taken against an insurance intermediary for misleading consumers and recommending products that weren’t suitable for the consumer. Facts: Diamond put on workshops directed towards senior citizens that advertised financial advice in several areas. The advertisement said […]
US Bank NA v. Tellock
Date Mon, Dec. 7, 2020 - 10:49am By Hamilton
In US Bank NA v. Tellock, (2019AP378) the District I Court of Appeals affirmed the suppression of emotional distress evidence because damages for emotional distress were not available. Facts: Tellock defaulted on her mortgage so she and her lender, US Bank, negotiated a signed a modified loan agreement. After the agreement had been signed and […]
Townsend v. ChartSwap, LLC
Date Mon, Dec. 7, 2020 - 10:48am By Hamilton
In Townsend v. ChartSwap, LLC, (2019AP002034), the District I Court of Appeals held that a record providing service was an agent of a health care provider, and therefore was bound by the statutory limits imposed on the health care provider. Facts: After an accident, Townsend requested her medical and billing records from Milwaukee Radiologists. ChartSwap, […]
COVID-19 Premises Liability Legislation Circulating in Wisconsin Legislature
Date Thu, Sep. 3, 2020 - 10:46am By Hamilton
Sen. Chris Kapenga (R-Delafield), Rep. Mark Born (R-Beaver Dam), and Rep. Dan Knodl (R-Germantown) are circulating legislation to shield Wisconsin businesses, schools, universities, and other entities from the threat of lawsuits alleging liability for COVID-19 exposures. Such protections would only apply to those who take adequate precautions to keep their premises safe. On September 9, […]
Former Packer Brings Racial Discrimination Class Action Against NFL
Date Mon, Aug. 31, 2020 - 10:57am By Hamilton
Najeh Davenport, a former Green Bay Packers running back, and Kevin Henry, a former Pittsburgh Steeler, are the lead plaintiffs in a class action lawsuit alleging racial discrimination in concussion settlements paid out by the National Football League. The NFL had a 2014 settlement agreement with players that paid out players who had suffered head trauma. Specifically, […]
Wahoske v. Mills Fleet Farm LLC (Recreational Immunity)
Date Wed, Aug. 19, 2020 - 11:00am By Hamilton
In Wahoske v. Mills Fleet Farm LLC (2019AP2036), the Wisconsin Court of Appeals held that a hunting stand could be a “structure” for purposes of the recreational immunity statute. Facts For about six months every year, Robert Stibb affixes a tree stand on a tree on his parents’ property. In 2017, Stibb’s friend, Jason Wahoske, was bow […]
Koenig v. Aldrich (Trespass & Private Nuisance)
Date Wed, Aug. 19, 2020 - 10:59am By Hamilton
In Koenig v. Aldrich (2019AP242), the Wisconsin Court of Appeals (District III) held that intrusion into the immediate airspace of a property counted as trespass and that an L-shaped fence did not did not constitute a nuisance pursuant to WIS. STAT. § 844.10 (2017-18). Facts Koenig owns a parcel of property that checkerboards with three other parcels—in […]
Steinke v. Poppe (Duty to Report)
Date Wed, Aug. 19, 2020 - 10:49am By Hamilton
In Steinke v. Poppe (2019AP002028), the Wisconsin Court of Appeals held Poppe did not owe Steinke a duty to warn Steinke about the poor condition of his septic tank’s cover or to take other action to prevent him from falling through the cover into the tank. Facts Steinke hired Scott Poppe of Scott’s Septic Pumping, LLC (“Poppe”) […]