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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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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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