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 ›

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 […]

Continue Reading ›

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 […]

Continue Reading ›

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 […]

Continue Reading ›

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 […]

Continue Reading ›

Wisconsin Supreme Court Rules that Default Judgment Was Void Due to Plaintiff’s Failure to Name Proper Corporate Defendant

The Wisconsin Supreme Court has issued its decision in Johnson v. Cintas Corp. No. 2, et al., 2012 WI 31, which is the latest in a number of recent cases accepted by the Court dealing with default judgments. (Oral arguments can be viewed on WisconsinEye.) The issue in the case was whether a default judgment is […]

Continue Reading ›

Wisconisn Supreme Court Hears Oral Arguments in Case Deciding Default Judgments

The Wisconsin Supreme Court heard oral arguments in Johnson v. Cintas Corp. No. 2, et al., 2011 WI App 5, 2009AP2549, which is the latest in a number of recent cases accepted by the Court dealing with default judgments. The issue is whether a default judgment is void because the summons and complaint names the […]

Continue Reading ›

Wisconsin Supreme Court Limits Personal Jurisdiction over Foreign Corporations

  The Wisconsin Supreme Court today issued a decision today, Rasmussen v. General Motors et al., 2011 WI 52, which places limits on lawsuits filed against foreign corporations in Wisconsin. Although the case caption cites General Motors, the specific issue in this case was whether Wisconsin had personal jurisdiction over Nissan Japan. The lawsuit involved […]

Continue Reading ›