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 […]
Supreme Court Decision: Shugarts v. Allstate
Date Fri, Apr. 13, 2018 - 9:21am By Hamilton
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 […]