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 […]
Court Decides Neither Employees nor Employers Have a Right to Cross Examine State Appointed Physician
Date Wed, May. 30, 2012 - 3:31pm By Hamilton
Supreme Court Issues Split Decision Expanding Liability of Physicians
Date Wed, May. 30, 2012 - 3:24pm By Hamilton
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 […]
Wisconsin Supreme Court Rules Plaintiffs Entitled to Receive “Phantom Damages”
Date Thu, May. 24, 2012 - 4:13pm By Hamilton
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 […]
No Voter ID Needed to Vote in Recall Elections
Date Thu, Apr. 26, 2012 - 1:59pm By Hamilton
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 […]
Split Opinion Clouds Physician Liability Law
Date Wed, Apr. 18, 2012 - 11:49am By Hamilton
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 […]
Wisconsin Supreme Court Rules that Default Judgment Was Void Due to Plaintiff’s Failure to Name Proper Corporate Defendant
Date Tue, Apr. 3, 2012 - 7:48pm By Hamilton
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 […]
Wisconisn Supreme Court Hears Oral Arguments in Case Deciding Default Judgments
Date Thu, Dec. 8, 2011 - 9:49am By Hamilton
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 […]
Wisconsin Supreme Court Limits Personal Jurisdiction over Foreign Corporations
Date Fri, Jul. 1, 2011 - 12:00am By Hamilton
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 […]
Supreme Court Upholds Collective Bargaining Legislation–Rules Judge Sumi Violated the Constitution by Striking Down Legislation
Date Wed, Jun. 15, 2011 - 12:35pm By Hamilton
In a 4-3 decision on Tuesday June 15, 2011, the Wisconsin Supreme Court issued an order allowing the controversial collective bargaining law to go into effect. The Supreme Court overturned Dane County Circuit Court Judge Maryann Sumi’s decision to block the implementation of the law. The Supreme Court found in its ruling that Judge Sumi […]
Dane County Judge Strikes Down Budget Repair Bill; Supreme Court Hears Oral Arguments
Date Thu, Jun. 9, 2011 - 11:38am By Hamilton
Dane County Circuit Court Judge Maryann Sumi issued a permanent restraining order last week striking down the controversial collective bargaining legislation, 2011 Wisconsin Act 10. In her decision, Judge Sumi ruled that the State Senate violated Wisconsin’s open meetings law. As a result, Judge Sumi issued a temporary restraining order that prohibited Act 10 from […]