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.
Author: Hamilton
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.
Chief Justice Roggensack Delivers the State of the Judiciary
On November 5th, Chief Justice Roggensack delivered the first ever virtual State of the Judiciary at the Annual Meeting of the Wisconsin Judicial Conference.
Wisconsin Supreme Court Declines to Immediately Take Up Capacity Limit Case
In a 4-3 decision on November 4th, the Wisconsin Supreme Court declined to bypass the court of appeals and take up the capacity limit case brought by The Mix Up and Pro-Life Wisconsin.
Sklenar v. Bennett & Roelofs Estate Sales (Small Claims)
In Sklenar v. Bennett & Roelofs Estate Sales (2019AP1717), the court affirms a small claims court decision finding that Sklenar was not entitled to the amount she originally paid for items when she hired someone to re-sell those items.