The Wisconsin Supreme Court has announced the appointment of a new chief appellate judge and the reappointment of five chief circuit court judges, effective August 1.
Category: Courts of Appeals
Anderson v. LIRC (Rehiring an Injured Employee)
In Anderson v. LIRC (2020AP27), the District III Court of Appeals held that an employer was not liable for refusing to rehire an injured employee because the employee’s injuries prevented him from performing his previous job, while the employee also failed to express an interest in taking a different position with the company.
Shannon v. Mayo Clinic Health System (Class Action Scope)
In Shannon v. Mayo Clinic Health System (2020AP1186), the District III Court of Appeals held that the circuit court erred in its refusal to amend the class definition in a class action lawsuit.
Mueller v. Bull’s Eye Sports Shop (Spoliation of Evidence)
In Mueller v. Bull’s Eye Sports Shop (2020AP978), the District IV Court of Appeals upheld the circuit court’s sanction for spoliation of evidence.
Thom v. 1st Auto & Casualty Insurance Company (Auto Insurance)
In Thom v. 1st Auto & Casualty Insurance Company (2020AP285), the District IV Court of Appeals determined an insurer’s liability for a vehicle covered but not specifically described by a policy issued by that insurer.
Rave v. SVA Healthcare Services (Class Certification)
In Rave v. SVA Healthcare Services (2019AP2236), the District I Court of Appeals upheld the circuit court’s decision to certify a class in a lawsuit involving fees for medical records.
Appeals Court Rules State Can Release Records on Businesses with COVID-19 Cases
On Monday, April 5, a three-judge panel from the District IV Court of Appeals ruled against Wisconsin Manufacturers and Commerce (WMC) and in favor of Governor Tony Evers, his administration, and the media in a case involving information about businesses whose employees have contracted COVID-19. The lawsuit was filed in October 2020 in Waukesha County Circuit Court by WMC, the state’s largest business association, as well as two local chambers of commerce.
Clark v. League of Wisconsin Municipalities Mutual Insurance Company (Notice of Claim)
In Clark v. League of Wisconsin Municipalities Mutual Insurance Company (2019AP954 and 2019AP1489), the District II Court of Appeals held that a claim may still be able to proceed even though the plaintiff failed to provide formal notice as required by Wis. Stat. § 893.80(1d)(a).
Great Lakes Excavating v. Dollar Tree Stores (Construction Lien Waiver)
In Great Lakes Excavating v. Dollar Tree Stores (2019AP2095), the District I Court of Appeals held that an improperly limited lien waiver that did not comply with Wis. Stat. § 779.05(1) constituted a full waiver of lien rights.
Cincinnati Insurance Company v. Ropicky (Insurance Claim Investigation)
In Cincinnati Insurance Company v. Ropicky (2020AP791), the District II Court of Appeals held that an agent acting on behalf of an insurer to conduct a post-loss claim investigation was not exempt from liability for negligence.