* 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 […]
Kemper Independence Insurance Co. v. Islami (Insurance Coverage)
Date Mon, Jun. 1, 2020 - 12:27pm By Hamilton
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, […]
Welter v. LIRC (Worker’s Compensation)
Date Tue, Apr. 28, 2020 - 4:31pm By Hamilton
In Welter v. LIRC (2018AP1940), the Court of Appeals District III held that the plaintiff’s surgery was not compensable under Worker’s Compensation because her workplace injury had healed before the surgery. Plaintiff Susan Welter served as a school bus monitor for Student Transit – Eau Claire. Welter had a knee replacement in 2003. In 2013, […]
Gunderson v. Franks (Personal Injury)
Date Tue, Apr. 28, 2020 - 4:29pm By Hamilton
In Gunderson v. Franks (2018AP981), the Court of Appeals District IV upheld a jury verdict on damages to a plaintiff involved in a vehicle accident. The plaintiff challenged the jury’s decisions on future damages and whether the court should have provided instruction on the collateral source rule. Plaintiff Gunderson was injured in a vehicle accident […]