Appellate Program

WCJC’s Appellate Program includes various initiatives important to maintaining a business friendly judicial climate.

Under the Wisconsin Court Watch initiative, WCJC supports the Great Lakes Legal Foundation’s effort to monitor Wisconsin Court of Appeals and Supreme Court decisions.

As needed, the WCJC Appellate Committee will determine it is appropriate to file amicus curiae (friend of the court) briefs to the Wisconsin Supreme Court. These briefs are prepared by Great Lakes Legal Foundation lawyers or outside counsel under our supervision.

To date, WCJC has filed amicus briefs in three Wisconsin Supreme Court cases:

• MercyCare Ins. Co. et al. v. Wis. Commissioner of Ins. – WCJC argued this case was an opportunity to clarify the appropriate deference courts should give to statutory interpretations by state agencies. In reaching its decision, the court applied due weight deference to the Wisconsin Commissioner of Insurance’s decision, reestablishing the varying standards of review the lower court had ignored.

• Casper, et al. v. American Int. South Ins. Co., et al. – A significant decision dealing with the liability of corporate officers for non-intentional torts and default judgments. The Great Lakes Legal Foundation lawyers, on behalf of WCJC, supervised the filing of WCJC’s brief by outside counsel in support of the employer and insurance company sued in the case.

• Rasmussen, et al. v. General Motors Corp., et al. – The issue before the Wisconsin Supreme Court was whether Wisconsin’s personal jurisdiction statute, Wis. Stat. § 801.05, allows for general or specific jurisdiction over a foreign parent corporation based on an agency theory. WCJC’s brief attempted to persuade the court to maintain the distinction between parent and subsidiary corporations which limits personal jurisdiction.