Archive for July, 2010
The Wisconsin Supreme Court today issued a couple of notable decisions. The first was a highly anticipated case deciding the constitutionality of the Wisconsin Legislature’s transfer of $200 million from the Injured Patients and Families Compensation Fund. The second case involved an important negligence case deciding whether a principal employer is liable in tort for the injuries sustained by an independent contractor’s employee while he or she is performing the contracted work. Below is a summary of both cases. (more…)
The Wisconsin Supreme Court’s ruling today in Estate of Robert C. Parker v. Beverly Enterprises, Inc., 2010 WI 71, makes clear appellate courts have the ability to review orders compelling arbitration.
For the time being, it appears the Supreme Court will continue with its policy of deferring to the judgment of the lower courts when it comes to arbitration, effectively limiting the review of arbitration decisions. However, this decision, penned by Justice Ann Walsh Bradley, announces that the Court has jurisdiction over orders compelling arbitration, but chooses not to exercise that jurisdiction out of respect for the lower courts and value found in arbitration. (more…)