Wisconsin Prepares for a Supreme Court Race

The 2012 election season may be over, but wait there’s more! In early 2013 Wisconsin Supreme Court Justice Patience Roggensack will be up for reelection for a 10-year term on the Court. December 1st marked the day candidates could begin to circulate nomination papers for the high court. So far two people have announced they […]

Continue Reading ›

Court of Appeals Voids Settlement and Allows Lemon Law King to Get Attorney Fees

On October 16, the Court of Appeals, Dist. I, held that a settlement reached between the plaintiff and the defendant, which excluded attorney’s fees for the plaintiff’s attorney, was void on public policy grounds. The case is Betz v. Diamond Jim’s Auto Sales. The case involved a lawsuit filed by the self-proclaimed Lemon Law King, […]

Continue Reading ›

One of Judge Kloppenburg’s First Opinions Favors Employee over Employer in WFMLA Case

In one of her first published decisions involving businesses, newly elected Judge JoAnne Kloppenburg overturned a Dane County Circuit Court decision dismissing a lawsuit against Kraft Foods Global, Inc because it was not timely filed. The case involved a complaint by an employee against Kraft Foods for an alleged violation of the Wisconsin Family and […]

Continue Reading ›

Wisconsin Supreme Court Hears Oral Argument in Case Deciding whether Physical Assault Qualifies as an “Accident”

The Wisconsin Supreme Court on Tuesday, October 23, heard oral argument in a case that will determine whether a physical assault at a party qualifies as an “accident” for purposes of insurance coverage under a homeowner’s policy. The case is Schinner v. Gundrum, 2012 WI App. 31, 340 Wis. 2d 195 (2011AP1564). Facts At the […]

Continue Reading ›

Dane County Judge Rules Act 21 Unconstitutional Only as it Applies to the Department of Public Instruction

A Dane County Circuit Court judge has narrowly struck down a portion of 2011 Wisconsin Act 21, the regulatory reform bill passed during the 2011-12 Legislative Session and signed into law by Gov. Scott Walker. Background Act 21 made sweeping changes to Wisconsin’s rulemaking process in an effort to ensure greater agency oversight and accountability. […]

Continue Reading ›

Supreme Court Punts on Voter ID, For Now

The Wisconsin Supreme Court has declined to take up challenges to the state’s voter ID law until an appeals court hears the cases, meaning questions about the law will not be resolved until well after the November elections. Two separate Dane County circuit judges have ruled against the law in Milwaukee Branch of the NAACP […]

Continue Reading ›

Court to Decide Scope of Arbitration

The Wisconsin Supreme Court has heard oral arguments in a case concerning the scope of discovery in arbitration cases. IDS Property Casualty Insurance Company issued an automobile insurance policy to the Marlowes (the plaintiffs). The uninsured provision contained an arbitration agreement which provided that the “local rules of law as to procedures and evidence will […]

Continue Reading ›

High Court Hears Oral Argument in UIM Case Determining Whether Policy Excluding Self-Insured Vehicles Is Lawful

The Wisconsin Supreme Court recently heard oral arguments in a case dealing with under-insured motorist coverage (UIM). The case arose from an automobile accident which killed Lynn Bethke. Bethke collided with a driver who was operating a rental car owned by AVIS Rent-a-Car. The driver of the rental vehicle did not have insurance. Instead, AVIS […]

Continue Reading ›

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 ›