In Kennedy v. Gander (2020AP218), the District IV Court of Appeals held that a lawsuit against a nonprovider employee of a health care provider could not proceed because the employer was not a party to the suit.
Author: Hamilton
Governor Evers Signs Bill Including COVID Liability Protections for Businesses and Other Entities
On Thursday, February 25, Governor Tony Evers signed 2021 Act 4, legislation including both COVID liability protections and reforms to the state’s Unemployment Insurance (UI) system. The bill cleared the Legislature with widespread support, passing the Senate by 27-3 on February 18 and the Assembly by 89-0 on February 23. Senate President Chris Kapenga (R-Delafield), Senate Majority Leader Devin LeMahieu (R-Oostburg), Assembly Speaker Robin Vos (R-Rochester), and Representative Mark Born (R-Beaver Dam), in particular, championed the liability protections in the Legislature.
Concerning Civil Liability Policies Included in Gov. Evers’ 2021-23 Budget
On Tuesday, February 16, Governor Tony Evers gave his second biennial budget address and released his 2021-23 executive budget. All told, the governor proposes an operating budget of $45.4 billion in fiscal year (FY) 2021-22 and $45.6 billion in FY 2022-23. On the civil justice front, the governor’s budget includes several proposals of concern to the WCJC and its members.
Assembly Speaker Vos Proposes COVID-19 Liability Protections
December 1, 2020, Assembly Speaker Robin Vos (R-Rochester) released a Legislative Fiscal Bureau memorandum summarizing a legislative proposal as a next step in the state’s response to the COVID-19 pandemic.
Townsend v. ChartSwap, LLC (Agency)
In Townsend v. ChartSwap, LLC, (2019AP002034), the court held that a record providing service was an agent of a health care provider, and therefore was bound by the statutory limits imposed on the health care provider.
City of Waukesha v. City of Waukesha Board of Review (Authority to Appeal)
In City of Waukesha v. City of Waukesha Board of Review, (2019AP1479), the court held that the City of Waukesha lacked authority to seek certiorari review of a tax decision made by the City of Waukesha Board of Review.
US Bank v. Tellock (Emotional Distress)
In US Bank NA v. Tellock, (2019AP378) the court affirmed the suppression of emotional distress evidence because damages for emotional distress were not available.
Diamond v. Office of the Commissioner of Insurance (Insurance Intermediary Disciplinary Action)
In Diamond v. Office of the Commissioner of Insurance, (2020AP99) the court affirmed disciplinary action taken against an insurance intermediary for misleading consumers and recommending products that weren’t suitable for the consumer.
Poteete v. Wales (Jurisdiction)
In Poteete v. Wales, (2020AP741) the court dismissed an appeal on ground that the court lacked jurisdiction because the appeal had been filed after the time to appeal had already expired.
State Legislative Elections Update: Assembly Judiciary Chairperson Jim Ott Loses Re-Election Bid
State Senate Republicans have expanded their margin to 21-12 by picking up two Democrat seats (and assuming Republicans will successfully defend Senator Fitzgerald’s seat after he vacates it). Republican incumbents Sen. Pat Testin (R – Stevens Point) and Sen. Alberta Darling (R – River Hills) both won re-election and the parties split open seats with Republican Eric Wimberger beating Jonathon Hansen in a Green Bay area seat and Democrat Brad Pfaff defeating Dan Kapanke in a LaCrosse area seat. As expected, Republican Rob Stafsholt beat Democrat Patty Schachtner in her northwest Wisconsin district.