On April 5, the Wisconsin Supreme Court issued a decision in Shugarts v. Allstate Property and Casualty Insurance Co. The court held that the event triggering the notice requirement in an underinsured motorist (UIM) policy is when the tortfeasor’s underlying policy limit is exhausted. In this case, Robert Shugarts, a deputy sheriff in Eau Claire […]
Screnock, Dallet Move on To Wisconsin Supreme Court General Election
Date Thu, Mar. 1, 2018 - 5:13pm By Hamilton
On Tuesday, Feb. 20, Wisconsin voters selected Sauk County Circuit Court Judge Michael Screnock and Milwaukee County Circuit Court Judge Rebecca Dallet to advance to the general election for Wisconsin Supreme Court. Screnock, who is considered the conservative in the race, received 46 percent of the vote. Dallet, a progressive, received 36 percent. Madison attorney […]
Wisconsin Supreme Court Primary Election Next Tuesday
Date Fri, Feb. 16, 2018 - 9:11am By Hamilton
Next Tuesday, voters will decide which two judicial candidates to the Supreme Court of Wisconsin will advance to the general primary held on April 3, 2018. The three candidates are Madison attorney Tim Burns, Milwaukee County Circuit Court Judge Rebecca Dallet, and Sauk County Circuit Court Judge Michael Screnock. The seat is currently held by […]
Oral Arguments Held in Tetra Tech Case
Date Fri, Dec. 1, 2017 - 10:27am By Hamilton
The Supreme Court is holding oral arguments today in Tetra Tech Inc. v. Wisconsin Department of Revenue (DOR). The case provides an opportunity for the Wisconsin Supreme Court to address the deference Wisconsin courts afford regulatory agencies when interpreting statutory provisions that ultimately define agencies’ own power and reach. The Supreme Court specifically requested parties […]
Supreme Court and Governor Eliminate Funding for Judicial Council
Date Fri, Sep. 29, 2017 - 12:00pm By Hamilton
Earlier this year, the Supreme Court sent an order to the Department of Administration (DOA) that it will no longer transfer funds to DOA in support of the Judicial Council. Separately, Gov. Scott Walker defunded the Council through a veto in the state budget. The Supreme Court cited concerns about an “extraordinary” 38 percent salary […]
Wisconsin Civil Justice Council Files Amicus Brief in Mayo Case
Date Fri, Aug. 18, 2017 - 8:56am By Hamilton
Last week, the Wisconsin Civil Justice Council (WCJC) filed an amicus brief with the Supreme Court of Wisconsin in Ascaris Mayo v. Wis. Injured Patients and Families Compensation Fund. WCJC supports the patients’ compensation fund position on the validity of the $750,000 cap on noneconomic damages arising out of medical malpractice claims. The brief asked […]
Great Lakes Legal Foundation Files Amicus Brief in Tetra Tech Case
Date Fri, Aug. 4, 2017 - 9:01am By Hamilton
This week, Great Lakes Legal Foundation (GLLF) filed an amicus brief with the Wisconsin Supreme Court in Tetra Tech Inc. v. Wisconsin Department of Revenue (DOR). The brief was filed on behalf of 11 Wisconsin associations, including Wisconsin Manufacturers and Commerce and Associated Builders and Contractors – Wisconsin Chapter. The Supreme Court specifically requested parties […]
U.S. Court of Appeals Upholds Right-To-Work
Date Fri, Jul. 21, 2017 - 10:44am By Hamilton
The 7th U.S. Circuit Court of Appeals upheld Wisconsin’s right-to-work law last week. In the decision, Judge Joel Flaum, joined by Judges Frank Easterbrook and Michael Kanne, reaffirmed the U.S. District Court’s decision in September to uphold the law in International Union of Operating Engineers (IUOE) v. Schimel. In upholding the constitutionality of Wisconsin’s right-to-work […]
Appeals Court Tosses Medical Malpractice Caps for Noneconomic Damages
Date Mon, Jul. 10, 2017 - 12:37pm By Hamilton
In a July 5 opinion, the Wisconsin Court of Appeals, District 1 (Milwaukee County), found the statutory $750,000 cap on noneconomic damages arising out of medical malpractice claims was unconstitutional. The court found the cap was “an unfair and illogical burden only on catastrophically injured patients, thus denying them equal protection of the law.” The […]
SCOTUS to Hear Wisconsin Redistricting Case
Date Fri, Jun. 23, 2017 - 10:11am By Hamilton
On June 19, the U.S. Supreme Court announced it will review the legal challenge to the Republicans’ redistricting map. By 5-4 vote, the Supreme Court also granted Attorney General Brad Schimel’s request to stay the lower court’s order requiring a timely redrawing of the Assembly district map. The redistricting case, Gill v. Whitford, was brought […]