Justice Ziegler Recuses Herself from Prosser Case

Justice Ziegler is the latest Justice to decide to recuse herself from the case brought by the Wisconsin Judicial Commission against Justice David Prosser in response to the alleged altercation between Justice Ann Walsh Bradley and Justice Prosser. Justice Patience Roggensack previously recused herself from the case, and Justice Prosser has indicated he would not […]

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State Will Appeal Voter ID Decision

Two Dane County circuit judges have struck down Wisconsin’s voter ID law, but Attorney General J.B. Van Hollen will appeal the decisions, which are likely to end up in Wisconsin Supreme Court. Dane County Circuit Judge David Flanagan issued the most recent decision invalidating and permanently enjoining the identification requirements in a lawsuit brought by […]

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Wisconsin Supreme Court Upholds Lower Court Decision Involving Collateral Source Rule

In Weborg v. Jenny, et al., 2012 WI 67, the Wisconsin Supreme Court upheld a court of appeals decision finding that the circuit court committed “harmless error” by admitting evidence of collateral source payments in a medical malpractice case. The 5-2 decision authored by Justice Annette Ziegler, joined by Justices Patrick Crooks, Patience Roggensack, David […]

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Supreme Court Deals a Blow to Pharmaceutical Companies; Enriches Private Plaintiff Attorneys Hired by State

The Wisconsin Supreme Court has issued a decision that will negatively affect pharmaceutical companies doing business in Wisconsin. In the process, the Court enriched outside plaintiff attorneys hired by the State by awarding large attorney fees. The Court’s decision, State of Wisconsin v. Abbot Laboratories, et al., 2012 WI 62, is the latest in a […]

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Wisconsin Supreme Court Issues Bad Lemon Law Decision

In a troubling 5-1 decision, the Wisconsin Supreme Court awarded Attorney Vince Megna – the self-proclaimed “Lemon Law King” – a victory that allowed him and his client to walk away with over $700,000 in damages. This despite the fact that Megna and the owner acted in bad faith, therefore making it impossible for the […]

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Court Decides Neither Employees nor Employers Have a Right to Cross Examine State Appointed Physician

The Wisconsin Supreme Court issued a little noticed decision (Aurora Consolidated Health Care v. Labor & Industry Review Commission, 2012 WI 49) involving worker’s compensation that could negatively affect Wisconsin’s employers. In a 5-1 decision – authored by Justice Ann Walsh Bradley, joined by Chief Justice Shirley Abrahamson, and Justices Patrick Crooks, Annette Ziegler and […]

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Supreme Court Issues Split Decision Expanding Liability of Physicians

The Wisconsin Supreme Court on Tuesday, April 17, issued a split decision which greatly expands the liability of physicians in medical liability cases. The case involved the scope of a physician’s duty to inform a patient, often referred to as “informed consent.”   The three-Justice majority decision was authored by Chief Justice Shirley Abrahamson, joined […]

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Wisconsin Supreme Court Rules Plaintiffs Entitled to Receive “Phantom Damages”

The Spring 2012 edition of the Federalist Society’s State Court Docket Watch features an article authored by Hamilton Consulting’s Andrew Cook. The article, Wisconsin Supreme Court Rules Plaintiffs Entitled to Receive “Phantom Damages,” provides an in-depth analysis of the high court’s unanimous decision in Orlowski v. State Farm Mutual Auto. Ins. Co. Part I of […]

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No Voter ID Needed to Vote in Recall Elections

The Wisconsin Supreme Court declined to hear challenges to the state’s new voter ID law. This means there is not enough time for the cases to be resolved before the May 8 primary and June 5 recall elections, so the injunctions barring implementation of the law will remain in place. Two separate state appeals courts […]

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Split Opinion Clouds Physician Liability Law

The Wisconsin Supreme Court, on April 17, issued a split decision greatly expanding the liability of physicians in medical liability cases. The case involved the scope of a physician’s duty to inform a patient, often referred to as “informed consent.” The three-justice majority decision was authored by Chief Justice Shirley Abrahamson, joined by Justices Ann […]

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