The Legislature’s Joint Committee on Legislative Organization has voted to intervene in two cases addressing the application of 2011 Act 21. The 2011 legislation clarified that agencies may not enforce requirements unless explicitly permitted by statute or properly promulgated rule. The two cases, both titled Clean Wisconsin, Inc. v. DNR, would clarify the general scope […]
Wisconsin Supreme Court Considers Whether DPI and Superintendent Violated REINS Act
Date Tue, Apr. 9, 2019 - 9:18am By Hamilton
The Wisconsin Supreme Court heard arguments on April 10 in one of the more important cases of the term, Koschkee v. Evers. The case presents important state constitutional issues centered on whether the Department of Public Instruction and Superintendent of Public Instruction violated the 2017 Regulations from the Need of Scrutiny Act (REINS Act). The […]
Spring Elections: Brian Hagedorn Wins Supreme Court Race
Date Fri, Apr. 5, 2019 - 11:05am By Hamilton
In the only statewide race in the Wisconsin 2019 spring elections, Court of Appeals Judge Brian Hagedorn beat Court of Appeals Chief Judge Lisa Neubauer for an open seat on the Wisconsin Supreme Court. However, Hagedorn won by close to 6,000 votes, leaving open the possibility of a recount. Judge Neubauer has not officially conceded […]
Justice Rebecca Dallet Sworn In To Wisconsin Supreme Court
Date Mon, Aug. 20, 2018 - 11:45am By Hamilton
On Aug. 6, Justice Rebecca Dallet was sworn into office as a justice on the Wisconsin Supreme Court. Dallet’s 10-year term will expire on July 31, 2028. Liberal Dallet, a former Milwaukee County circuit court judge, defeated conservative candidate Judge Michael Screnock in an April election. Dallet replaces conservative Justice Michael Gableman on the bench, […]
Judge Hagedorn Announces Run for Wisconsin Supreme Court
Date Mon, Aug. 20, 2018 - 11:41am By Hamilton
2nd District Court of Appeals Judge Brian Hagedorn has announced his candidacy for Wisconsin Supreme Court. Hagedorn is running for the seat that will be vacated by Justice Shirley Abrahamson’s retirement in 2019. Justice Abrahamson announced in May she will not run for re-election after four terms on the bench. Court of Appeals Chief Judge Lisa Neubauer (also […]
Supreme Court Upholds $750,000 Limit on Noneconomic Damages in Med Malpractice Cases
Date Thu, Jul. 12, 2018 - 12:25pm By Hamilton
The Wisconsin Supreme Court in a 5-2 decision (Mayo v. Wisconsin Injured Patients and Families Compensation Fund) has upheld Wisconsin’s $750,000 limit on noneconomic damages in medical malpractice cases. The Court determined that the cap is constitutional because the legislature had a rational basis in enacting the cap statute to ensure affordable and accessible health care […]
Supreme Court Ends Agency Deference
Date Thu, Jul. 12, 2018 - 12:21pm By Hamilton
The Wisconsin Supreme Court recently issued a decision (Tetra Tech v. Department of Revenue) that ends the “agency deference” doctrine. Previously, Wisconsin courts deferred to regulatory agencies when interpreting statutory provisions that ultimately define agencies’ own power and reach. Under the decision, courts will continue to give “due weight,” or respectful consideration, to agencies’ expertise […]
Justice Abrahamson Not Running for Re-election
Date Thu, Jun. 14, 2018 - 8:28pm By Hamilton
Wisconsin Supreme Court Justice Shirley Abrahamson has announced she will not run for re-election when her fourth term is up in 2019. Abrahamson was appointed by Democratic Gov. Patrick Lucey in 1976 as the state’s first woman Supreme Court Justice. She served as Chief Justice from 1996 to 2015. Abrahamson is the longest serving Supreme […]
Supreme Court Decision: Nationstar v. Stafsholt
Date Fri, Apr. 13, 2018 - 9:23am By Hamilton
On March 23, the Supreme Court issued a unanimous decision in Nationstar Mortgage v. Robert R. Stafsholt, 2018 WI 21. The court held that circuit courts, acting in equity, have the power to award attorney fees to prevailing parties. In this case, the court held that the defendant was entitled to attorney fees but was […]
Supreme Court Decision: Department of Natural Resources v. District IV Court of Appeals
Date Fri, Apr. 13, 2018 - 9:22am By Hamilton
On April 3, the Wisconsin Supreme Court issued a decision in Department of Natural Resources v. District IV Court of Appeals. The court held that the appeal by DNR in this case must be held outside of the District IV Court of Appeals under Wisconsin’s venue statute (Wis. Stat. § 752.21(2)) created by 2011 Act […]