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 […]
Dominion Voting Systems, Inc. v. Wisconsin Elections Commission (Voting Software Confidentiality)
Date Mon, May. 11, 2020 - 5:02pm By Hamilton
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 […]
Mechanical, Inc. v. Venture Electrical Contractors, Inc. (Economic Loss Doctrine)
Date Tue, Apr. 28, 2020 - 4:28pm By Hamilton
*This case is recommended for publication. In Mechanical, Inc. v. Venture Electrical Contractors, Inc. (2018AP2380), the Court of Appeals District II held the economic loss doctrine bars a negligence claim from a subcontractor against another subcontractor with whom there was no contract. The economic loss doctrine is a judicially created doctrine typically barring lawsuits […]
Oneida County v. Sunflower Prop II, LLC (Pier Construction Permitting)
Date Tue, Apr. 28, 2020 - 4:27pm By Hamilton
*This case is recommended for publication. In Oneida County v. Sunflower Prop II, LLC (2018AP2366), the Court of Appeals District III held that Wisconsin permit exemption laws for piers under Wis. Stat. §30.12(1g)(f) preempt municipal ordinances. The court remanded to the circuit court as to whether the plaintiff’s pier in this case met the […]
Whittlesey v. LIRC (Unemployment Insurance)
Date Tue, Apr. 28, 2020 - 4:25pm By Hamilton
In Whittlesey v. LIRC (2018AP2164), the Court of Appeals District IV held that the plaintiff was eligible for unemployment benefits because he had good cause to terminate his employment. Plaintiff Whittlesey worked for a restaurant for approximately two years before he terminated his employment because he “believed the work environment was hostile and insensitive to […]