In a 5-2 decision authored by Justice Roggensack, joined by Justices Crooks, Prosser, Ziegler, and Gableman, the Wisconsin Supreme Court held that a circuit court may compel an employee to accept a settlement offer under Wisconsin’s worker’s compensation law (Wis. Stat. § 102.29(1)). Justice Bradley authored a dissenting opinion and was joined by Chief Justice […]
Court can Compel Employee to Accept Settlement Offer under Worker’s Comp Law
Date Wed, Jul. 30, 2014 - 1:34pm By Hamilton
Court Holds Plaintiff’s Insurer Must Defend and Indemnify the Defendant
Date Thu, Jul. 17, 2014 - 10:13am By Hamilton
In a troubling 4-3 decision authored by Chief Justice Abrahamson, joined by Justices Crooks, Bradley, and Prosser, the Wisconsin Supreme Court held that the plaintiff’s insurance carrier, American Family Insurance, had a duty to defend and indemnify the tortfeasor because the torfeasor was a “permissive user” of the plaintiff’s vehicle under American Family’s policy. Justice […]
State Supreme Court Rules Trial Court Erred
Date Thu, Jul. 17, 2014 - 9:31am By Hamilton
In a 4-3 decision authored by Justice Roggensack, the Wisconsin Supreme Court held that a trial court’s decision to give the absent witness instruction was erroneous and remanded the case to the circuit court. Joining in the opinion were Justices Crooks, Gableman, and Ziegler, Justice Bradley authored a dissenting opinion that was joined by Chief […]
“Lemon Law King” Loses
Date Wed, Jul. 16, 2014 - 2:21pm By Hamilton
In a 5-1 decision authored by Justice Ziegler and joined by Justices Crooks, Bradley, Prosser, and Gableman (Chief Justice Abrahamson dissenting and Justice Roggensack not participating), the Wisconsin Supreme Court handed the self-proclaimed “Lemon Law King” a defeat by refusing to award him attorney’s fees in a lawsuit. The case is Betz v. Diamond Jim’s […]
Wisconsin Supreme Court Rules Property Owners Liable for Independent Contractor Work
Date Fri, Jun. 27, 2014 - 9:05am By Hamilton
In a 4-3 decision authored by Justice Crooks, joined by Justices Roggensack, Ziegler, and Gableman (Chief Justice Abrahamson concurring/dissenting, joined by Justices Bradley and Prosser) the Supreme Court held that a property owner may be held liable for damage caused by an independent contractor hired to perform work on his or her property. The case is Brandenburg […]
Seventh Circuit Strikes Down Wisconsin’s Campaign Finance Rules
Date Thu, May. 22, 2014 - 12:12pm By Hamilton
In an 88-page decision, the U.S. Court of Appeals for the 7th Circuit struck down a number of provisions under Wisconsin’s campaign finance law, as well as rules issued by the Government Accountability Board. The case is Wisconsin Right to Life v. Barland. Judge Diane Sykes, writing for the three-judge majority, began the decision by […]
Wisconsin Supreme Court Rules Excessive Punitive Damages Unconstitutional
Date Mon, Apr. 28, 2014 - 10:30am By Hamilton
On April 22, the Wisconsin Supreme Court issued a decision (4-2) in Kimble v. Land Concepts, Inc., 2014 WI 21, holding that $1 million in punitive damages against a title insurance company violated due process and therefore was unconstitutional. Justice Annette Ziegler authored the decision, and was joined by Justices Patrick Crooks, Patience Roggensack, and […]
Wisconsin Appeals Court Upholds Wind Siting Rules
Date Wed, Apr. 2, 2014 - 10:23am By Hamilton
The Wisconsin 3rd District of Appeals upheld Wisconsin’s wind siting standards on March 22nd. This means that the PSC will not have to produce a report on how wind turbines affect property values while imposing the siting standards. The Wisconsin Realtors Association, Wisconsin Builders Association, and Wisconsin Towns Association along with a few individuals, brought […]
Oral Argument for Voter ID Cases in Wisconsin
Date Fri, Mar. 7, 2014 - 11:36am By Hamilton
The Wisconsin Supreme court held oral argument for the Voter ID cases last week. The two cases, League of Women Voters v. Scott Walker and Milwaukee Branch of the NAACP v. Scott Walker challenge the constitutionality of the laws in Wisconsin requireing that one present a photo identification at the ballot. Tidbits covered the background […]
Act Amending Wisconsin’s Lemon Law Goes into Effect
Date Thu, Mar. 6, 2014 - 6:11pm By Hamilton
2013 Wisconsin Act 101, which amends Wisconsin’s lemon law, went into effect on March 1. Prior to Act 101, Wisconsin notoriously had one of the worst lemon laws in the country. The law placed unreasonable and unworkable requirements on vehicle manufacturers that allows lawyers like self-proclaimed “Lemon Law King,” Vince Megna, to win outsized awards […]