Graef v. Continental Indemnity Company (Worker’s Compensation Exclusive Remedy)

In Graef v. Continental Indemnity Company (2018AP1782), the Wisconsin Supreme Court held that an employee’s negligence claim was barred by the exclusive-remedy provision of the Wisconsin Worker’s Compensation Act. Facts Graef was gored by a bull while working in the livestock yard at Equity Livestock. Because of physical injuries and depression resulting from the incident, […]

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Kemper Independence Insurance Company v. Islami (Insurance Denial for Concealment or Fraud)

In Kemper Independence Insurance Company v. Islami (2019AP488), the Wisconsin Supreme Court upheld an insurer’s denial of coverage based on the actions of a claimant’s estranged spouse. Facts In 2014, Ydbi Islami set fire to the home occupied by his estranged wife, Ismet Islami. The two had been legally separated since 1998; Ismet received sole […]

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State Supreme Court Chooses New Chief Justice

On April 14, a majority of the seven members of the Wisconsin Supreme Court voted to select Justice Annette Ziegler as the state’s next chief justice. She will assume the office on May 1. Justice Ziegler was first elected to the court in 2007 and ran unopposed in 2017. She is the court’s third longest-serving […]

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Mohns v. BMO Harris Bank (Discovery Violations)

In Mohns v. BMO Harris Bank (2018AP71), the Wisconsin Supreme Court held that the circuit court was within its discretion to impose judgement on liability, including for intentional misrepresentation, as a sanction for discovery violations. Facts Mohns, Inc. was the general contractor for a condominium construction venture developed by Paul Bouraxis and financed by BMO […]

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Wisconsin Supreme Court Rules Against Gov. Evers in Public Health Emergency Case, Ending Statewide Mask Mandate

On Wednesday, March 31, the Wisconsin Supreme Court issued a ruling in Jeré Fabick v. Tony Evers, holding 4-3 that the governor cannot issue successive emergency declarations on the same subject. Petitioner Jeré Fabick sought a declaratory judgement on Governor Tony Evers’ authority to issue multiple public health emergency declarations related to the COVID-19 pandemic. […]

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Appeals Court Rules State Can Release Records on Businesses with COVID-19 Cases

On Monday, April 5, a three-judge panel from the District IV Court of Appeals ruled against Wisconsin Manufacturers and Commerce (WMC) and in favor of Governor Tony Evers, his administration, and the media in a case involving information about businesses whose employees have contracted COVID-19. The lawsuit was filed in October 2020 in Waukesha County […]

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Updated: COVID-19 Orders and Current Challenges

Wisconsin continues to shatter daily records for COVID-19 cases and deaths. Despite litigation challenging his ability to issue subsequent public health emergencies, this week, Gov. Evers announced he plans to extend the statewide mask mandate through mid-January. The Supreme Court will likely weigh in before then with a decision that could leave the governor will […]

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On Whose Authority? Recent COVID-19 Lawsuits Challenge Claims of Constitutional and Statutory Authority

Back in May, Wisconsin Legislature v. Palm settled the question of whether the Wisconsin Department of Health Services had explicit authority to extend a state of emergency. (Short answer: no.) But as policies surrounding COVID-19 prevention continue full force, it looks like the Wisconsin Supreme Court will hear three more lawsuits challenging the authority of government officials: […]

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Wisconsin Supreme Court Accepts Five New Cases

The Wisconsin Supreme Court recently accepted five new cases. Of note: United America, LLC v. DOT (2018AP2383) – Nonstructural Damages in DOT Takings) In this case, the Court of Appeals District III held that nonstructural damages to private property are not compensable when the Department of Transportation (DOT) makes a change of grade to an abutting street. The […]

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Wisconsin Supreme Court 2020-21 Term Begins August 1 with Karofsky in, Kelly out.

Wisconsin’s Supreme Court 2020-21 term began August 1, 2020, with initial oral argument set for September 8. Go here for a list of cases to be heard in September and here for the 2020-21 court calendar. With the new term brings in a significantly different court. Conservative Justice Daniel Kelly is replaced by liberal Justice Jill Karofsky. Karofsky was sworn […]

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