In Correa v. Woodman’s Food Market (2020 WI 43), a 6-0 Wisconsin Supreme Court held that plaintiffs in safe place statute cases need not prove the exact moment an unsafe condition existed, as long as they can prove the condition existed for long enough for the defendant to have had constructive notice. In this case, […]
Curtiss v. Ellery (Personal Injury)
Date Mon, Jun. 1, 2020 - 12:29pm By Hamilton
In Curtiss v. Ellery (2019AP1088), the Court of Appeals District IV found that the defendant did not establish there were no issues of material fact, so the plaintiff’s negligence claim could proceed. Plaintiff Curtiss was injured on a bus driven by Ellery and filed this lawsuit claiming negligence. Ellery moved for summary judgement arguing that […]
Kemper Independence Insurance Co. v. Islami (Insurance Coverage)
Date Mon, Jun. 1, 2020 - 12:27pm By Hamilton
* This case is recommended for publication. In Kemper Independence Insurance Co. v. Islami (2019AP488), the Court of Appeals District II agreed with an insurer that coverage was not due to an innocent insured when another insured on the policy committed fraud. The Islamis were legally separated, though they still lived together. Ydbi Islami […]
Price v. American International Group, Inc. (Negligence & Safe Place Statute)
Date Mon, Jun. 1, 2020 - 12:22pm By Hamilton
In Price v. American International Group, Inc. (2019AP57), the Court of Appeals District I held that WE Energies was not liable for an injury to an employee of an independent contractor. WE Energies contracted with International Chimney Corporation (ICC) for the demolition of a chimney at WE Energies’s power plant. Ironworker and ICC employee Price […]
Leitner v. LIRC (Unemployment Benefits)
Date Mon, May. 11, 2020 - 5:04pm By Hamilton
In Leitner v. LIRC (2019AP1196), the Court of Appeals District IV held that the plaintiff was ineligible for immediate unemployment benefits after voluntarily terminating her employment. Plaintiff Rebecca Leitner was working at the University of Wisconsin Medical Foundation from 8:15 a.m. to 5:15 p.m. In June 2017, the Medical Foundation changed her schedule to 8:00 […]
Dominion Voting Systems, Inc. v. Wisconsin Elections Commission (Voting Software Confidentiality)
Date Mon, May. 11, 2020 - 5:02pm By Hamilton
In Dominion Voting Systems, Inc. v. Wisconsin Elections Commission (2019AP272), the Court of Appeals District IV held that parties reviewing voting software during a recount may disclose opinions based on review of the software. Wis. Stat. § 5.905(4) provides that if there is a recount in a state election, a party may review software components […]
U.S. Chamber Institute for Legal Reform Poll: Bipartisan Majority of Americans Support COVID-19 Liability Protections
Date Mon, May. 11, 2020 - 12:41pm By Hamilton
A bipartisan majority of Americans support protecting businesses from lawsuits related to coronavirus, according to a U.S. Chamber Institute for Legal Reform (ILR) poll released earlier this month. “The global pandemic has caused tremendous economic harm to our nation. As employers plan to reopen safely and sustainably, the last thing they need is to face […]
Wisconsin Supreme Court Oral Arguments – April 2020
Date Tue, Apr. 28, 2020 - 4:35pm By Hamilton
Several oral arguments that had been postponed in March due to COVID-19 were rescheduled for the April calendar. April oral arguments were conducted remotely and featured several high-profile cases. April 20 – Veto Authority Cases The Supreme Court heard oral arguments in two cases challenging the veto authority of the governor. Bartlett v. Evers challenges vetoes by […]
Thompson v. State Farm Fire & Casualty Co. (Homeowners Insurance)
Date Tue, Apr. 28, 2020 - 4:33pm By Hamilton
In Thompson v. State Farm Fire & Casualty Co. (2019AP1182), the Court of Appeals District III held that the plaintiff’s injury occurred after the expiration of the insurer’s policy period, so there was no coverage for the plaintiff’s claims. The Thompsons were visiting a home in Weyerhauser, Wis., in July 2016 when a deck railing […]
United America, LLC v. DOT (Nonstructural Damages in DOT Takings)
Date Tue, Apr. 28, 2020 - 4:32pm By Hamilton
*This case is recommended for publication. In United America, LLC v. DOT (2018AP2383), the Court of Appeals District III held that nonstructural damages to private property are not compensable when the Department of Transportation (DOT) makes a change of grade to an abutting street. When DOT changes the grade of a street or highway, […]