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.
Blog
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.
State Supreme Court Chooses New Chief Justice
On April 14, a majority of the seven members of the Wisconsin Supreme Court voted to select Justice Annette Ziegler as the state’s next chief justice. She assumed the office on May 1. Justice Ziegler was first elected to the court in 2007 and ran unopposed in 2017. She is the court’s third longest-serving member.
Seventh Circuit Reverses Lead Paint Verdict, Limits the Scope of “Risk-Contribution Theory”
From 2005 to 2011, Wisconsin had a six-year window where plaintiffs could sue manufacturers of white lead carbonate (a pigment formerly used in some paints) under a tort theory known as “risk-contribution.” Under this theory, plaintiffs can seek damages from a company that produced white lead carbonate used in paint even if the plaintiff cannot demonstrate that the company produced the pigment that caused an alleged injury.
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.