Earlier this summer, Tidbits reported that the Wisconsin Supreme Court had issued its long awaited opinions (League of Women Voters v. Walker and Milwaukee Branch of NAACP v. Walker) upholding Wisconsin’s controversial Voter ID law (2013 Wisconsin Act 23) and declaring it constitutional. However, the law was still on hold after the Wisconsin Supreme Court’s […]
WCJC and WMC File Amicus Curiae Brief with Wisconsin Supreme Court in Employment Law Case
Date Fri, Sep. 5, 2014 - 12:04am By Hamilton
On Tuesday, Sept. 2, the Wisconsin Civil Justice Council (WCJC) and Wisconsin Manufacturers & Commerce (WMC) filed an amicus curiae brief with the Wisconsin Supreme Court in Runzheimer Int., Ltd. v. Friedlen. The case involves a very important issue to Wisconsin employers that hire employees on an at-will basis and seek to protect themselves with […]
State Supreme Court Issues High-Profiled Decisions: Act 10, Voter ID, Same-Sex Partnerships
Date Thu, Jul. 31, 2014 - 4:22pm By Hamilton
On Thursday, July 31, the Wisconsin Supreme Court issued four highly anticipated opinions determining whether: 1) Gov. Walker’s signature law, Act 10, was unconstitutional, 2) the voter photo identification law was unconstitutional, and 3) the law creating a same-sex partnership was unconstitutional. In each of the cases, the Court upheld the laws ruling that they […]
Supreme Court Rules that Federal Law Preempts State Negligence Claims Against Railroad Company
Date Wed, Jul. 30, 2014 - 1:40pm By Hamilton
In a 5-2 decision authored by Justice Prosser, joined by Justices Crooks, Roggensack, Ziegler, and Gableman, the Wisconsin Supreme Court held that a parade and resultant parade traffic leading to a train collision with a vehicle did not qualify as an exception to preemption under the Federal Railroad Safety Act (FRSA). Chief Justice Abrahamson authored […]
Court can Compel Employee to Accept Settlement Offer under Worker’s Comp Law
Date Wed, Jul. 30, 2014 - 1:34pm By Hamilton
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 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 […]