On April 2, incumbent Justice Patience Roggensack will face Marquette Law professor Ed Fallone for her chance to win another 10-year term on the Wisconsin Supreme Court. While it may not ignite the same political passions as the 2011 Prosser-Kloppenburg race, the 2013 contest is critical to determining the balance of power on the high court. (more…)

On April 2, incumbent Justice Patience Roggensack will face Marquette Law professor Ed Fallone for her chance to win another 10-year term on the Wisconsin Supreme Court. According to unofficial results from the Associated Press, with 99 percent of precincts reporting, Roggensack received 64 percent of the primary vote and Fallone, 30 percent, to lemon law attorney Vince Megna’s 6 percent. (more…)

The primary election for the seat on the Wisconsin Supreme Court currently held by Justice Patience Roggensack is tomorrow , Tuesday, February 19. Joining Justice Roggensack in the primary election is Marquette Law Professor Ed Fallone and trial attorney, Vince Megna.

Justice Roggensack recently received the highest rating in WCJC’s 2013 Guide to the Wisconsin Supreme Court and Judicial Evaluation. Over the last four terms (spanning four years), Justice Roggensack has an 83 percent approval rating.

The top two vote-getters in Tuesday’s primary will advance to the general election on April 2, 2013. For more information about the race, visit WMC’s Wisconsin Supreme Court Resource Center.

The Wisconsin Civil Justice Council’s 2013 Guide to the Wisconsin Supreme Court and Judicial Evaluation, which highlights the most important business decisions issued by the court over the past two years, is now available.

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The Federalist Society this week published an article, Tort Reform Update: Recently Enacted Legislative Reforms and State Court Challenges, authored by WCJC’s Andrew Cook discussing the numerous civil liability reform bills passed throughout the country the last two years. In addition, the article discusses recent decisions involving state court challenges to previously enacted civil liability reforms.

The article notes that over the last two years numerous civil liability reforms have been enacted in nearly half of the states, with Wisconsin leading the way. Other states passing multiple civil liability reforms during the 2011-12 legislative sessions include Alabama, North Carolina, and Tennessee. (more…)

On December 5, 2012, the Court of Appeals, Dist. II, struck down an award of punitive damages to a patron of Texas Roadhouse who found human hair deliberately placed in his food by the restaurant’s employee.

The jury awarded the plaintiff $100,000 against Texas Roadhouse, which appealed the decision. In reversing the trial court, the court of appeals held that the trial court erred in upholding the punitive damages award because the jury did not find Texas Roadhouse causally negligent.

The case is Hansen v. Texas Roadhouse, Inc., 2010AP3137.

The Wisconsin Supreme Court twice this month has issued a list of new cases it plans to hear and decide over the next few months. To view the list of the cases accepted by the court along with of a summary of each, click here and here.

WCJC will provide a summary of each case of interest to the business community when oral arguments take place and after the court issues a decision.

On October 16, the Court of Appeals, Dist. I, held that a settlement reached between the plaintiff and the defendant, which excluded attorney’s fees for the plaintiff’s attorney, was void on public policy grounds. The case is Betz v. Diamond Jim’s Auto Sales.

The case involved a lawsuit filed by the self-proclaimed Lemon Law King, Vince Megna, against Diamond Jim’s Auto Sales involving the sale of a used car to the plaintiff, Randy Betz.

The lawsuit alleged intentional fraud, advertising injury, and violation of the statute licensing automobile dealers. The plaintiff sued under statues that contain fee shifting provisions, which allow the court to award attorney’s fees to the plaintiff’s attorney in the event the plaintiff prevails in the case. (more…)

Judge JoAnne Kloppenburg was recently elected to the Court of Appeals, District IV, which is located in Dane County. District IV hears appeals from from circuit courts throughout southern, southwestern, western, and central Wisconsin.

In one of her first published decisions involving businesses, Judge Kloppenburg overturned a Dane County Circuit Court decision dismissing a lawsuit against Kraft Foods Global, Inc. The circuit court held that the lawsuit was not timely filed, and therefore dismissed the case. The case is Hoague v. Kraft Foods Global, Inc.

The case involved a complaint by an employee against Kraft Foods for an alleged violation of the Wisconsin Family and Medical Leave Act (WFMLA). The Wisconsin Equal Rights Division ruled in favor of the employee and ordered Kraft Foods to pay the employee over $18,000 for loss of back pay, along with another $12,000 for attorney’s fees and costs. (more…)

The Wisconsin Supreme Court on Tuesday, October 23, heard oral argument in a case that will determine whether a physical assault at a party qualifies as an “accident” for purposes of insurance coverage under a homeowner’s policy. The case is Schinner v. Gundrum, 2012 WI App. 31, 340 Wis. 2d 195 (2011AP1564). (more…)