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”) […]
City of Stoughton v. Olson (Statutory Interpretation)
Date Wed, Aug. 19, 2020 - 10:47am By Hamilton
In City of Stoughton v. Olson (2019AP1872), the Wisconsin Court of Appeals upheld a circuit court decision dismissing citations leveled against a bartender and owner for allowing minors to enter a dedicated bar area within a bowling center. Facts In 2017, a Stoughton police officer encountered an underage individual playing pool in the “bar area” within the […]
Amazon Strictly Liable For Third Party Transactions On Website, California Court Rules
Date Tue, Aug. 18, 2020 - 12:52pm By Hamilton
On August 13th, the California Court of Appeals ruled Amazon was strictly liable for injuries sustained by a customer who purchased a defective product on the “marketplace” portion of its site. The case arose after a woman purchased a laptop battery from a third-party seller on Amazon Marketplace. The battery exploded and burned the woman. Amazon claimed […]