Oral Argument Preview: Correa v. Woodman’s Food Market (Personal Injury)

On Jan. 21, the Wisconsin Supreme Court will hear oral arguments in Correa v. Woodman’s Food Market, which will address the standards of proof for establishing constructive notice of a hazard and the determinations a jury may make from video surveillance in premises liability cases.   Facts & Lower Court Decisions In this case, plaintiff […]

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Supreme Court Accepts Agency Rulemaking Case Papa v. DHS

The Wisconsin Supreme Court recently accepted five new cases, including one that will again address agency rulemaking, following the court’s recent decision in Lamar Central Outdoor. The newly accepted case, Papa v. DHS, will determine whether a Wisconsin Department of Health Services (DHS) policy in DHS’s Medicaid Provider Handbook has the “force of law” (Wis. […]

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Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (Rulemaking Requirements)

In the Wisconsin Supreme Court’s first decision affecting the business community in the 2019-20 term, the court issued an important opinion on agency rulemaking in Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (2019 WI 109). The Supreme Court held that the Department of Transportation (DOT) was required to promulgate a rule when […]

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Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (Jury Verdict on Damages)

In Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (2018AP2213), the Court of Appeals District IV upheld a jury’s award of $25,000 in damages to American Wood Recycling for a trailer damaged by American Disposal. American Wood alleged that American Disposal negligently overloaded one of American Wood’s trailers, which resulted […]

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William Sesing Construction, Inc. v. American Bank (Liability for Embezzlement)

In William Sesing Construction, Inc. v. American Bank (2018AP1126), the Court of Appeals District II held that American Bank did not breach its contract nor was it negligent when a Sesing employee embezzled funds from an American Bank account. Sesing hired Denise Heffner as its bookkeeper. In 2013, Sesing discovered that Heffner was embezzling money […]

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Payette v. Marx (Prejudgment Interest)

*Case recommended for publication.   In Payette v. Marx (2018AP627), the Court of Appeals District III held that insurers do not owe prejudgment damages under Wis. Stat. § 628.46 when a third party demands general damages and the insurer is not certain it actually owes the demanded sum. Defendant David Marx struck and killed plaintiff […]

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Wargaski v. NCI Group, Inc. (Warranty Forum Selection Clause)

In Wargaski v. NCI Group, Inc. (2018AP2014), the Court of Appeals District III found that a warranty’s forum selection clause applied, barring the Wisconsin lawsuit. Robert Wargaski alleged breach of warranty when NCI Group, Inc. rejected his warranty claim for faded paint on roofing panels Wargaski had purchased. The warranty contained a forum selection clause […]

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Worker’s Comp Advisory Council Agrees on 2019-20 Bill

Last month, Wisconsin’s Worker’s Compensation Advisory Council (WCAC) approved draft legislation for the 2019-20 legislative session. Each session, management and labor members of WCAC come to an agreement and introduce a bill on worker’s compensation reforms. This session’s agreed-upon legislation includes moving worker’s compensation proceedings from the Department of Administration (DOA) Division of Hearings & […]

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Signed Into Law: Bills on Notice of Claim, Pleading Procedures

On Nov. 20, Gov. Tony Evers signed into law two bills making changes to Wisconsin procedures for service of certain documents. The bipartisan bills, authored by Rep. Ron Tusler (R-Harrison) and Sen. Fred Risser (D-Madison), passed the Legislature earlier in November. AB 58 allows personal service of a notice of claim against a state, officer, employee, or […]

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Bills of Note: Additional Circuit Courts

On Nov. 12, the Wisconsin Assembly passed a bill that would add an additional 12 circuit court branches to the state. Specifically, Assembly Bill 470 would allow the director of state courts to add a total of 12 circuit court branches – four each year beginning in 2021. Counties would have to have passed a […]

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