Currently, judicial conservatives enjoy a 4-3 majority on Wisconsin’s elected supreme court. Justice Patience Roggensack, a judicial conservative, is not seeking reelection, creating a vacancy which will decide control of the court. The race will be hotly contested, attracting a significant amount of attention. The top two vote-getters in the February 21 primary will square off in the general election on April 4. The four candidates for the open seat on the Wisconsin Supreme Court met for a candidate forum on January 9.
Blog
Gov. Evers Begins Second Term as GOP Legislature Considers Broad Tax Reform
Inauguration Day in Wisconsin took place on January 3. Democratic incumbents Gov. Tony Evers and Attorney General Josh Kaul began their second terms in office, while Sara Rodriguez was sworn in as the state’s new lieutenant governor. Inauguration Day also marked the beginning of the 2023-24 Session of the Wisconsin Legislature, and 31 new members were sworn in, nearly 25 percent of the Legislature’s total membership.
Governor Signs 2021-23 State Budget With 50 Partial Vetoes
On Thursday, July 8, Governor Tony Evers (D) signed into law 2021 Act 58, the state budget for the 2021-2023 fiscal biennium, which began July 1. The Wisconsin Assembly approved the budget bill (Assembly Bill 68) on June 29, with the Senate concurring in the bill the following day. The two-year budget, assembled by the Republican-led Joint Finance Committee (JFC), spends $87.5 billion and cuts income and property taxes by $3.4 billion.
State Supreme Court Appoints New Chief Appellate Judge
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.
Graef v. Continental Indemnity Company (Worker’s Compensation Exclusive Remedy)
In Graef v. Continental Indemnity Company (2018AP1782), the Wisconsin Supreme Court held that an employee’s negligence claim was barred by the exclusive-remedy provision of the Wisconsin Worker’s Compensation Act.
Kemper Independence Insurance Company v. Islami (Insurance Denial for Concealment or Fraud)
In Kemper Independence Insurance Company v. Islami (2019AP488), the Wisconsin Supreme Court upheld an insurer’s denial of coverage based on the actions of a claimant’s estranged spouse.
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.
State Budget Update: Wisconsin Civil Justice Council Notches a Major Win
On May 6, the Legislature took steps to overhaul the budget put forward by Gov. Evers, which included a two-year operating budget of more than $90 billion and a long list of changes to various state laws and programs. Voting 12-4 along party lines, the Republican-led Joint Committee on Finance (JCF) approved an omnibus motion to strip more than 380 items from the budget, including the civil justice policies of concern to WCJC and our members.
ICYMI: WCJC Webinar on Wisconsin Rules of Civil Procedure
On May 5, the Wisconsin Civil Justice Council partnered with Godfrey & Kahn, S.C. to host a virtual panel discussion on Wisconsin’s rules of civil procedure. Panelists discussed recent changes to the rules that are relevant for many attorneys, including new discovery limits and mandates, rules regarding e-discovery, changes to statutes of limitation, incorporation of federal class action rules, and modifications to the timely claim payment statute.