On Wednesday, February 4, 2015, the Wisconsin Supreme Court heard oral arguments on the case Christ v. Exxon Mobile Corp. (2012AP1493). The Court will decide whether the discovery rule will apply to third parties in wrongful death and survival actions. Background This case contains wrongful death and survival actions involving nine former employees of Uniroyal […]
UPDATE: Legislation on Chief Justice Selection
Date Thu, Jan. 29, 2015 - 4:47pm By Hamilton
The Wisconsin State Legislature has passed legislation that would potentially change how the Wisconsin Supreme Court chief justice is selected. The proposed amendment will now appear on the spring ballot as a referendum, and if a majority of voters approve it, the state constitution will be amended. The amendment would require the chief justice be […]
Legislation on Chief Justice Selection
Date Thu, Jan. 15, 2015 - 5:49pm By Hamilton
UPDATE Jan. 20, 2015: The Wisconsin State Senate has passed legislation that could change how the Wisconsin Supreme Court Chief Justice is selected. The State Assembly will vote on the legislation on Thursday afternoon. If passed, the legislation will be appear as a referendum on the April 7th ballot. If the referendum is approved, the […]
Daley Announces Supreme Court Run
Date Wed, Oct. 29, 2014 - 11:05am By Hamilton
James Daley of Janesville and current Rock County Circuit Court Judge has announced he will run for the Wisconsin State Supreme Court, for what is incumbent Justice Ann Walsh Bradley’s seat. Daley was appointed circuit court judge by Governor Tommy Thompson in January of 1989 after serving three terms as Rock County District Attorney. He […]
Wisconsin Supreme Court Hears Oral Argument in Case Dealing with Non-Compete Agreements
Date Thu, Oct. 2, 2014 - 1:46pm By Hamilton
On Wednesday, October 1, the Wisconsin Supreme Court heard oral argument in a case that involves an important issue to Wisconsin employers who hire employees on an at-will basis and seek to protect themselves with non-competition, confidentiality, and non-solicitation agreements (hereinafter, “Non-Competes” or “Agreements”). The opinion of a Milwaukee County Circuit Court that is under […]
Wisconsin State Supreme Court Hears Oral Arguments in Civil Liability Cases
Date Thu, Sep. 18, 2014 - 2:34pm By Hamilton
The Supreme Court of Wisconsin has begun to hear oral arguments for the 2014-15 term, including cases involving civil liability issues. Below is a summary of three cases of interest to Wisconsin businesses. Court to Decide Meaning of “Owner in Dog Bite Case Court to Determine Whether Manure is a Pollutant for Insurance Policies Court […]
Court to Decide Meaning of “Owner” in Dog Bite Case
Date Thu, Sep. 18, 2014 - 2:22pm By Hamilton
The Wisconsin Supreme Court earlier this month heard oral arguments in a case deciding whether the defendant is an “owner” and thus liable for damages caused by a dog at the home he owned, but in which he did not live. The case is Augsburger v. Homestead Mut. Ins., 2012AP641. Background The defendant owned […]
Wisconsin Supreme Court to Determine Manure as a Pollutant for Insurance Policies
Date Thu, Sep. 18, 2014 - 2:08pm By Hamilton
On Friday, September 12, the Wisconsin Supreme Court heard a number of cases dealing with the issue of whether septage is a “pollutant” that triggers the pollution exclusions in the insurers’ policies. Below is a discussion of the cases heard by the Supreme Court. Background In the first case (Preisler v. Kuettel’s Septic Service, […]
Wis. Supreme Court to Determine Worker’s Compensation Case
Date Thu, Sep. 18, 2014 - 2:01pm By Hamilton
The Wisconsin Supreme Court will hear oral arguments on Tuesday, September 23 in a case that will decide whether the federal Occupational Safety and Health Act (OSHA) preempts the State of Wisconsin from imposing penalties for safety violations under Wisconsin laws. Background An employee (Tonya Wetor) was injured on the job while working at […]
Part of Wisconsin Campaign Finance Law Invalidated by Federal Court
Date Thu, Sep. 18, 2014 - 1:47pm By Hamilton
Earlier this year, Tidbits reported on a landmark U.S. Supreme Court decision (McCutcheon v. FEC) in which the court struck down individual aggregate contribution limits to federal campaigns. In McCutcheon, the law in question limited how much an individual candidate could receive in total from numerous contributors. The Supreme Court held that the law was […]