The Wisconsin Supreme Court has accepted the petition for review in Zignego v. Wisconsin Elections Commission, the case surrounding the Wisconsin Elections Commission’s decision not to deactivate the registrations of Wisconsin voters who had recently moved. Background Wis. Stat. § 6.50(3) provides that, if a municipal clerk or “board of election commissioners” receives information […]
Supreme Court Accepts Voter Registration Case, Other New Cases
Date Mon, Jun. 1, 2020 - 2:03pm By Hamilton
Wisconsin Courts COVID-19 Task Force Releases Final Report
Date Mon, Jun. 1, 2020 - 12:43pm By Hamilton
In late April, amid the ongoing COVID-19 pandemic, Wisconsin Supreme Court Chief Justice Patience Roggensack convened a statewide taskforce to address COVID-19 in the Wisconsin courts system. On May 15, that task force released its final report making recommendations for courts to safely restart in-person proceedings and jury trials. Generally, the report recommends counties establish […]
Emer’s Camper Corral, LLC v. Alderman (Negligent Procurement)
Date Mon, Jun. 1, 2020 - 12:37pm By Hamilton
In Emer’s Camper Corral, LLC v. Alderman (2020 WI 46), the Supreme Court held 6-1 that plaintiffs claiming negligent procurement by an insurance agent must establish that the desired policy was both commercially available and that the insured would have qualified for it. Decision After Camper Corral, a business that sells campers, had twice previously filed […]
Correa v. Woodman’s Food Market (Safe Place Statute)
Date Mon, Jun. 1, 2020 - 12:32pm By Hamilton
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 […]