Wisconsin Supreme Court Accepts New Veto Authority Case

The Wisconsin Supreme Court recently accepted a new case, Wisconsin Small Business United, Inc. v. Brennan (2019AP2054), which will decide whether the governor’s partial veto authority allows him to change dates in a piece of legislation. Petitioners challenge the constitutional validity of two vetoes by Gov. Scott Walker in the 2017-19 budget bill. In that […]

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Hinrichs v. Dow Chemical Co. (Fraudulent Representation)

In Hinrichs v. Dow Chemical Co. (2020 WI 2), the Wisconsin Supreme Court dismissed misrepresentation claims on the basis of the economic loss doctrine, but ruled the plaintiff might be considered “the public” for the purposes of bringing a statutory fraudulent representation claim. The court further found that heightened pleading standards for fraud claims do […]

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Veritas Steel, LLC v. Lunda Construction Co. (Successor Liability)

In Veritas Steel, LLC v. Lunda Construction Co. (2019 WI 3), the Wisconsin Supreme Court declined to expand the “de facto merger” and “mere continuation” exceptions to the general rule against successor liability. Construction contractor Lunda had secured a $16 million judgment against steel fabricator PDM Bridge, LLC. PDM also owed other lenders approximately $76 […]

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Mueller v. TL90108, LLC (Wrongful Detention)

In Mueller v. TL90108, LLC (2020 WI 7), the Wisconsin Supreme Court unanimously determined that plaintiffs may file a wrongful detention claim against a possessor of previously converted property. The statute of repose for wrongful detention begins when the new possessor takes control of the vehicle, not necessarily when a demand for return of the property […]

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Choinsky v. Employers Insurance Co. of Wausau (Duty to Defend)

In Choinsky v. Employers Insurance Co. of Wausau (2020 WI 13), a 5-1 Wisconsin Supreme Court held that insurers did not breach their duty to defend when they did not immediately accept the defense of their insured. Insurers may initially deny a tendered claim, then follow a judicially preferred method of determining coverage to avoid […]

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Town of Wilson v. City of Sheboygan (Annexation)

In Town of Wilson v. City of Sheboygan (2020 WI 16), the Wisconsin Supreme Court upheld the approval of Kohler Co.’s annexation of land from the Town of Wilson to the City of Sheboygan for the purpose of developing a golf course.   Facts & Decision The Town argued that the City, in adopting the […]

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DSG Evergreen Family Limited Partnership v. Town of Perry (Eminent Domain)

In DSG Evergreen Family Limited Partnership v. Town of Perry (2020 WI 23), a unanimous Wisconsin Supreme Court held that claim preclusion did not apply, but the plaintiff had no private right of action against the town, barring this eminent domain case. The Town of Perry took property from DSG in an eminent domain action. […]

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Lang v. Lions Club of Cudahy Wisconsin, Inc. (Recreational Immunity)

In Lang v. Lions Club of Cudahy Wisconsin, Inc. (2020 WI 25), the Wisconsin Supreme Court held that recreational immunity applied to a sound engineer who set up cords that injured a woman at a music performance because the sound engineer was an agent of the festival owner.   Facts  At an event run by […]

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Piper v. Jones Dairy Farm (Donning & Doffing Compensation)

In Piper v. Jones Dairy Farm (2020 WI 28), the Wisconsin Supreme Court determined that employees’ donning and doffing activities are compensable under state law and such compensation cannot be precluded by collective bargaining agreement.   Facts Plaintiffs are employees of Jones Dairy Farm seeking compensation for time spent putting on and removing safety shoe […]

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Wisconsin Courts Continue to Respond to COVID-19

As Wisconsin government and the public struggle with the COVID-19 pandemic, Wisconsin courts remain operational but with reduced calendaring. Subject to certain exceptions, all proceedings in Wisconsin courts are to be conducted via remote audio-video technology if practicable. (Supreme Court order) Wisconsin Supreme Court March 18, March 30, and April 1 oral arguments cancelled. (More on oral arguments) […]

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