Court Rulings Increase Act 10 Confusion

Gov. Walker’s budget repair bill, Act 10, was thrown into judicial limbo when a Dane County judge recently struck down parts of the law causing some public-sector unions to seek revisions to their contracts. However, Atty. Gen. J.B Van Hollen is currently seeking a stay of the decision and has said the state will appeal […]

Continue Reading ›

Wisconsin Supreme Court Review and Preview

The Madison Federalist Society will hold a luncheon program on Thursday, September 27 titled, “Wisconsin Supreme Court Review and Preview.” The speaker will be Prof. Rick Esenberg, who is an adjunct law professor at Marquette Law School and President and General Counsel of the public interest law firm, Wisconsin Institute for Law and Liberty. Prof. […]

Continue Reading ›

Wisconsin Supreme Court Begins 2012-13 Term

The Wisconsin Supreme Court kicked off its 2012-13 term by hearing oral arguments in a number of cases. Two of the first few cases are of interest to Hamilton Consulting clients. Rock-Koshkonong Lake District v. Department of Natural Resources (2008AP1523)Depending on how the court rules, the rights of every riparian landowner in the state could […]

Continue Reading ›

Recent Appellate Court Decisions

The Wisconsin Supreme Court is currently taking its summer break and will return in September for the 2012-13 Term; however, important judicial decisions impacting businesses continue to be handed down by the appellate courts.   Court of Appeals, Dist. II Maas v. American Family Mut. Ins. Co., 2011AP1661, August 1, 2012. Holding: Case dismissed based […]

Continue Reading ›

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 […]

Continue Reading ›

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 […]

Continue Reading ›

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 […]

Continue Reading ›

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 […]

Continue Reading ›

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 […]

Continue Reading ›

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 […]

Continue Reading ›