Secura Insurance v. Super Products, LLC (Economic Loss Doctrine)

In Secura Insurance v. Super Products, LLC (2018AP1600), the Court of Appeals District II held that the economic loss doctrine bars recovery for damage to contracted property, even if there was injury to other property. Wisconsin Utility Exposure purchased an excavator from Super Products. The excavator caused a fire that damaged the excavator itself and […]

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Justice Brian Hagedorn Sworn Into Wisconsin Supreme Court

Newly elected Justice Brian Hagedorn was sworn into the Wisconsin Supreme Court on Aug. 1, 2019, with his public investiture and swearing in ceremony held at the state capitol this week. Hagedorn, replacing retired Justice Shirley Abrahamson, will serve a 10 year term on the court. Justice Hagedorn’s swearing in shifts the court from a […]

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Bills on Notice of Claim, Pleading Procedures Moving in the Legislature

Two bills that would make changes to Wisconsin procedures for service of certain documents are moving in the Wisconsin Legislature. The bills, authored by Rep. Ron Tusler (R-Harrison) and Sen. Fred Risser (D-Madison), passed the Assembly in June. The Senate Committee on Insurance, Financial Services, Government Oversight & Courts held a public hearing on the […]

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Wisconsin Redistricting Case Dismissed Following U.S. Supreme Court Decision

The U.S. Supreme Court recently held in Rucho v. Common Cause that partisan gerrymandering claims are nonjusticiable political questions. As a result, plaintiffs and defendants agreed to dismiss the redistricting case Gill v. Whitford, which challenged Wisconsin’s state legislative district maps. The 5-4 Supreme Court decision dismissed the plaintiffs’ arguments that redistricting maps in North […]

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Enbridge Energy Co., Inc. v. Dane County (Conditional Use Permit)

In Enbridge Energy Co., Inc. v. Dane County (2019 WI 78), the Wisconsin Supreme Court held that counties may not include unenforceable permit conditions on conditional use permits. Dane County issued Enbridge Energy a conditional use permit to expand the volume of oil pumped through a local Enbridge pipeline. The permit contained conditions requiring Enbridge to […]

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L.G. v. Aurora Residential Alternatives, Inc. (Compelled Arbitration)

In L.G. v. Aurora Residential Alternatives, Inc. (2019 WI 79), the Wisconsin Supreme Court held that a circuit court’s order denying a motion to compel arbitration is a final order under Wis. Stat. § 808.03(1), allowing the order to be appealed. The plaintiff patient filed the underlying lawsuit in this case against Aurora regarding an […]

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Pranke Holding LLC v. DOT (Eminent Domain)

In Pranke Holding LLC v. DOT (2018AP1646), the Court of Appeals District I held that a business was not due rental losses after an eminent domain taking on its property. The Department of Transportation (DOT) acquired part of Pranke Holding’s property through eminent domain. The taking closed off one of four access points to the […]

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Mallett v. LIRC (Worker’s Compensation)

In Mallett v. LIRC (2017AP1601), the Court of Appeals District I held that part of a worker’s compensation claim was barred by issue preclusion but directed further litigation on the plaintiff’s other claims. Gregory Mallett filed and received awards for worker’s compensation claims in both 1981 and 1983. LIRC denied a 2007 claim that the […]

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Park Meadows Homes Association, Inc. v. American Family Mutual Insurance Co. (Compelled Appraisal)

In Park Meadows Homes Association, Inc. v. American Family Mutual Insurance Co. (2018AP1484), the Court of Appeals District I held that American Family could invoke a policy’s appraisal clause after litigation began and did not breach its contract or act in bad faith. Park Meadows submitted a claim to its insurer American Family for property […]

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Jossund v. Heim Plumbing, Inc. (Fraudulent Misrepresentation)

In Jossund v. Heim Plumbing, Inc. (2018AP209), the Court of Appeals District II allowed fraudulent misrepresentation claims against US Bank to proceed because the complaint alleged misrepresentation by US Bank’s agent. Benjamin and Kristina Jossund purchased a house through US Bank. When they found defects in the plumbing, they filed the instant lawsuit against the […]

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