The Wisconsin Supreme Court has accepted a lawsuit challenging the legality of Wisconsin’s state legislative maps. Two petitions for original action were filed in August, each asking the supreme court to bypass the typical trial and appellate court process and rule that Wisconsin’s current state legislative maps are unconstitutional.
Category: Wisconsin Supreme Court
5 Walworth, LLC v. Engerman Contracting, Inc. (CGL Coverage)
In 5 Walworth, LLC v. Engerman Contracting, Inc. (2023 WI 51), the Wisconsin Supreme Court held that three insurers were not entitled to summary judgement on their duty to defend several companies under the terms of their commercial general liability policies.
Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau (Anti-Assignment Clause)
In Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau (2023 WI 42), the Wisconsin Supreme Court did not reach a decision in a case involving an insurer’s duty to defend and the applicability of an anti-assignment clause. As a per curiam opinion, the supreme court’s decision did not establish a precedent; however, the published court of appeals decision was affirmed.
Fleming v. Amateur Athletic Union of the United States, Inc. (Statute of Limitations)
In Fleming v. Amateur Athletic Union of the United States, Inc. (2023 WI 40), the Wisconsin Supreme Court held that an extended statute of limitations did not apply to a negligence claim.
Acuity, a Mutual Insurance Co. v. Estate of Shimeta (UIM Coverage)
In Acuity, a Mutual Insurance Co. v. Estate of Shimeta (2023 WI 28), the Wisconsin Supreme Court held that an insurance policy’s reducing clause applied individually to each person insured, rather than limiting the insurer’s total liability for the accident.
Banuelos v. University of Wisconsin Hospitals and Clinics Authority (Health Care Record Fees)
In Banuelos v. University of Wisconsin Hospitals and Clinics Authority (2023 WI 25), the Wisconsin Supreme Court held that Wisconsin law did not permit a health care provider to charge any fee to a patient’s attorneys for providing an electronic copy of her health care records.
Secura Supreme Insurance Company v. Estate of Huck (UIM Coverage)
In Secura Supreme Insurance Company v. Estate of Huck (2023 WI 21), the Wisconsin Supreme Court held that an insurance policy’s reducing clause could only be applied to the net amount received by an insured estate after the estate made a statutorily required reimbursement to another insurer.
2023 Wisconsin Spring Election Results: Protasiewicz Defeats Kelly in Supreme Court Race
Wisconsin held its 2023 spring general election on April 4. Spring elections in Wisconsin are officially nonpartisan and include offices such as judges, mayors, local legislative bodies, and school boards. Several notable races and referenda were on the ballot this year, including an open seat on the Wisconsin Supreme Court.
Wisconsin Civil Justice Council Issues 2023 Guide to the Wisconsin Supreme Court and Judicial Evaluation
The Wisconsin Civil Justice Council (WCJC) today released its 2023 Guide to the Wisconsin Supreme Court and Judicial Evaluation, which reviews the most important decisions issued by the Wisconsin Supreme Court that affect the Wisconsin business community. The 2023 Judicial Evaluation covers the 2019-20, 2020-21, and 2021-22 terms of the court.
Supreme Court Candidates Kelly, Protasiewicz Win Primary
In Wisconsin’s spring primary, held February 21, four candidates were on the ballot for an open seat on the Wisconsin Supreme Court. Former Justice Daniel Kelly, a judicial conservative, and Milwaukee County Judge Janet Protasiewicz, a judicial liberal, were the top two vote-getters. They will face off in the general election on April 4.