Amazon Strictly Liable For Third Party Transactions On Website, California Court Rules

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 […]

Continue Reading ›

Justice Department Threatens Yale University With Lawsuit Over Racial Bias In Admissions Process

After two years of study, the Justice Department announced Thursday via letter that Yale University violated federal civil-rights law by making race and national origin the determinative factor in its admissions process. According to the government, Asian American and White applicants have a one-tenth to one-fourth chance of being admitted as similarly situated African American applicants. The […]

Continue Reading ›

WCJC Joins Support for Federal “SAFE TO WORK Act.”

On July 30th, the Wisconsin Civil Justice Council signed on in support with the U.S. Chamber of Commerce urging Congress to create COVID-19 liability protections for businesses and schools who comply with applicable government health and safety standards. You can read the full letter of support here. As the letter noted: “These crucial protections would safeguard […]

Continue Reading ›

COVID-19 Liability Update

Wisconsin Civil Justice Council and its partners continue to push for liability protections for Wisconsin businesses as they reopen amid the COVID-19 pandemic. (See this column from WCJC President and National Federation for Independent Business Wisconsin State Director Bill G. Smith, which was featured on the U.S. Chamber Institute for Legal Reform blog and MacIver […]

Continue Reading ›

Town of Delafield v. Centra Transport Kriewaldt (Federal Preemption of Weight Limits)

In Town of Delafield v. Centra Transport Kriewaldt (2020 WI 61), the Wisconsin Supreme Court held that federal transportation law does not preempt the town’s seasonal weight restriction on certain roads.   Facts Delafield posted signs identifying a seasonal weight restriction prohibiting vehicles over six tons from driving on designated town roads. A Central Transport […]

Continue Reading ›

Supreme Court Accepts Municipal Shoreline Zoning Authority Case

On June 22, the Wisconsin Supreme Court accepted three new cases. In addition to two criminal cases, the court accepted Anderson v. Town of Newbold, which will determine whether municipalities can enact shoreline frontage requirements under their subdivision authority, notwithstanding statewide zoning authority requirements in statute. Wisconsin law prohibits towns from enacting shoreland zoning ordinances […]

Continue Reading ›

Quick Charge Kiosk, LLC v. Josh Kaul (Gambling Statutes)

In Quick Charge Kiosk, LLC v. Josh Kaul (2020 WI 54), a unanimous Wisconsin Supreme Court held that gaming and cell phone charging machines operated by Quick Charge violate Wisconsin gambling statutes. The Quick Charge machines allow customers who insert a dollar in the machine to receive one minute of charging time and 100 credits […]

Continue Reading ›

Brey v. State Farm Mutual Automobile Insurance Co. (UIM Coverage)

*This case is recommended for publication.   In Brey v. State Farm Mutual Automobile Insurance Co. (2019AP1320), the Court of Appeals District IV held that Wisconsin law requires underinsured motorist (UIM) policies to cover any bodily injury, not just bodily injury to an insured. Plaintiff Brey filed this lawsuit against his insurer State Farm seeking […]

Continue Reading ›

Hartland Sportsmen’s Club, Inc. v. City of Delafield (Conditional Use Permit)

*This case is recommended for publication.   In Hartland Sportsmen’s Club, Inc. v. City of Delafield (2019AP740), the Court of Appeals District II upheld a conditional use permit for a sport shooting range in Delafield. Hartland Sportsmen’s Club (HSC) sought a conditional use permit from Delafield to continue to operate a shooting range. A previous […]

Continue Reading ›

Coolidge A LLC v. City of Waukesha (Governmental Immunity)

In Coolidge A LLC v. City of Waukesha (2018AP1441), the Court of Appeals District II held that the city and its contractor were entitled to governmental immunity when a public works project allegedly damaged an apartment building. Coolidge owns an apartment building constructed on top of a former landfill. The City of Waukesha contracted with […]

Continue Reading ›