Mohns v. BMO Harris Bank (Discovery Violations)
Date Tue, Apr. 13, 2021 - 1:04pm By Hamilton
In Mohns v. BMO Harris Bank (2018AP71), the Wisconsin Supreme Court held that the circuit court was within its discretion to impose judgement on liability, including for intentional misrepresentation, as a sanction for discovery violations. Facts Mohns, Inc. was the general contractor for a condominium construction venture developed by Paul Bouraxis and financed by BMO […]
Wisconsin Supreme Court Rules Against Gov. Evers in Public Health Emergency Case, Ending Statewide Mask Mandate
Date Fri, Apr. 9, 2021 - 11:17am By Hamilton
On Wednesday, March 31, the Wisconsin Supreme Court issued a ruling in Jeré Fabick v. Tony Evers, holding 4-3 that the governor cannot issue successive emergency declarations on the same subject. Petitioner Jeré Fabick sought a declaratory judgement on Governor Tony Evers’ authority to issue multiple public health emergency declarations related to the COVID-19 pandemic. […]
Appeals Court Rules State Can Release Records on Businesses with COVID-19 Cases
Date Fri, Apr. 9, 2021 - 11:15am By Hamilton
On Monday, April 5, a three-judge panel from the District IV Court of Appeals ruled against Wisconsin Manufacturers and Commerce (WMC) and in favor of Governor Tony Evers, his administration, and the media in a case involving information about businesses whose employees have contracted COVID-19. The lawsuit was filed in October 2020 in Waukesha County […]
Updated: COVID-19 Orders and Current Challenges
Date Thu, Nov. 19, 2020 - 5:22pm By Hamilton
Wisconsin continues to shatter daily records for COVID-19 cases and deaths. Despite litigation challenging his ability to issue subsequent public health emergencies, this week, Gov. Evers announced he plans to extend the statewide mask mandate through mid-January. The Supreme Court will likely weigh in before then with a decision that could leave the governor will […]
On Whose Authority? Recent COVID-19 Lawsuits Challenge Claims of Constitutional and Statutory Authority
Date Tue, Sep. 1, 2020 - 10:50am By Hamilton
Back in May, Wisconsin Legislature v. Palm settled the question of whether the Wisconsin Department of Health Services had explicit authority to extend a state of emergency. (Short answer: no.) But as policies surrounding COVID-19 prevention continue full force, it looks like the Wisconsin Supreme Court will hear three more lawsuits challenging the authority of government officials: […]
Wisconsin Supreme Court Accepts Five New Cases
Date Mon, Aug. 31, 2020 - 10:56am By Hamilton
The Wisconsin Supreme Court recently accepted five new cases. Of note: United America, LLC v. DOT (2018AP2383) – Nonstructural Damages in DOT Takings) In this case, 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. The […]
Wisconsin Supreme Court 2020-21 Term Begins August 1 with Karofsky in, Kelly out.
Date Sat, Aug. 1, 2020 - 12:59pm By Hamilton
Wisconsin’s Supreme Court 2020-21 term began August 1, 2020, with initial oral argument set for September 8. Go here for a list of cases to be heard in September and here for the 2020-21 court calendar. With the new term brings in a significantly different court. Conservative Justice Daniel Kelly is replaced by liberal Justice Jill Karofsky. Karofsky was sworn […]
Wisconsin Supreme Court Accepts New Cases
Date Fri, Jul. 31, 2020 - 12:57pm By Hamilton
The Wisconsin Supreme Court accepted three new cases this past week. Of particular note: Stroede v. Society Insurance and Village of Slinger v. Polk Props., LLC. In Stroede v. Society Insurance (2018AP1880/2018AP2371), the Court of Appeals, District I found the defendant immune from liability for a trespasser’s injury because the defendant was a “lawful occupant” on the premises where the incident occurred. […]
Commercial Docket Pilot Project Expands
Date Mon, Jul. 20, 2020 - 11:35am By Hamilton
The Wisconsin Supreme Court recently ordered the extension and expansion of the state’s Commercial Docket Pilot Project. The order extends the length of the pilot for two additional years and expands the project to District 10, District 2 and Dane County. These regions, in addition to existing regions District 8 and Waukesha County, will now […]
Kathleen Papa v. DHS (Act 21 Explicit Authority Requirement)
Date Mon, Jul. 20, 2020 - 11:32am By Hamilton
In Papa v. DHS (2020 WI 66), the Wisconsin Supreme Court ruled that DHS’s practice of recouping wages from Medicaid providers for minor documentation errors fell outside the boundaries of its explicit statutory authority. Facts In Wis. Stat. § 49.45(3)(f)1.-2, the Wisconsin Legislature authorizes the Department of Health Services (DHS) to audit in-home Medicaid providers […]