Filed Under: Business Law
Potential Insurance Coverages Available to Wisconsin Businesses for Losses Arising from COVID-19 Pandemic
With the recent outbreak of the coronavirus (COVID-19) evolving into a worldwide pandemic, virtually every business stands to incur substantial economic losses. One of the options businesses should consider to limit or otherwise mitigate these losses is whether any of the policies in their insurance portfolios for which they paid substantial premiums should be shouldering […]
Filed Under: Employment & Labor Law
Employment Law Update: Families First Coronavirus Response Act
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. This economic stimulus plan is designed to address the impact of the COVID-19 outbreak on Americans and contains two provisions that will impact employers with 1 – 500 employees effective April 2, 2020. Specifically, the FFCRA mandates emergency paid […]
Filed Under: Appellate Law
Court of Appeals Declines Request to Further Complicate Administrative Rule-Making Process
The Court of Appeals recently rejected an attempt to further complicate Wisconsin’s administrative rule-making process, and solidified the ability of agencies to respond to public comments during rulemaking. Applegate-Bader Farm, LLC v. Wisconsin Department of Revenue, 2020 WI App 7, stemmed from an administrative rule proposed by Wisconsin Department of Revenue (DOR) relating to the […]
Filed Under: Appellate Law
Court of Appeals Decision Complicates Insureds’ Ability to Obtain Coverage From Claims-Made Insurers
The Wisconsin Court of Appeals recently issued an insurance coverage decision likely to induce heartburn for risk management personnel responsible for deciding whether and when to notify their liability insurers regarding speculative future claims that may arise. See Vistelar, LLC v. Cincinnati Spec. Ins. Co., No. 2019AP633 (Feb. 25, 2020). At issue in this case […]
Filed Under: Appellate Law Business Law
Wisconsin Supreme Court Declines To Change Successor Liability Law
In 2018, we flagged an unpublished, per curiam decision by the Wisconsin Court of Appeals as unusual. It seemed that the court of appeals, while adhering to the most recent precedent, was strongly signaling that it thought that precedent was wrongly decided and that the Wisconsin Supreme Court should revisit the scope of exceptions to […]
Filed Under: Trust & Estates Law
The SECURE Act
The SECURE (Setting Every Community Up for Retirement Enhancement) Act which was signed into law in late December makes wide ranging changes effecting IRAs, 401(k)s and other qualified retirement plans and retirement plan beneficiaries. The provisions in the Act may require changes to existing estate plans and will necessarily shape future plans. Some of the […]
Filed Under: Employment & Labor Law
Court Must Adjudicate the Merits before Transferring Properties to Trust Over Owner’s Objection
In City of Milwaukee v. Choudry, 2018AP1693 (Dec. 27, 2019), the Wisconsin Court of Appeals reversed a circuit court order transferring the defendant’s properties into a trust. The appellate court held that, because the trial court never made a final judgment on the merits of the case, it lacked authority to impose a remedy. Starting in […]
Filed Under: Employment & Labor Law
Are You Ready? Reminder: New White-Collar Exemption Rule is Effective January 1, 2020.
Under the Federal Fair Labor Standards Act (FLSA) “white collar” exemption, employees are exempt and not entitled to overtime if: (1) a “duties” test establishing that the employees are executive, administrative or professional employees as defined by federal rules is met; (2) employees are paid on a salary or fee basis; and (3) employees are […]
Filed Under: Government Relations
Towns Can Still Enforce Some Shoreland Frontage Requirements
In State of Wisconsin ex rel. Michael Anderson v. Town of Newbold, 2018AP547 (Oct. 29, 2019), the Wisconsin Court of Appeals, District III, recently upheld a minimum-shoreland-frontage requirement adopted under a town’s subdivision authority, even though an identical requirement could not be validly adopted within the town’s zoning authority. Michael Anderson owns a lot with […]
Filed Under: Appellate Law
Wisconsin Supreme Court Procedural Orders Limit Circuit Court Authority To Issue Injunctions
The Wisconsin Constitution grants circuit courts the power to “issue all writs necessary in aid of [their] jurisdiction.” Wis. Const. art. VII, § 8. And the Legislature has expressly authorized circuit courts to issue injunctions. Wis. Stat. §§ 813.01, 813.02. Yet, in two unsigned and unpublished procedural orders issued this past spring, the Supreme Court […]
Filed Under: Trust & Estates Law
Why Your 18 Year-Old Needs Powers of Attorney for Finances and Healthcare
As parents, you may not realize that once your child turns 18 years-old, federal and state law restrict your ability to access your child’s healthcare records and to make healthcare and financial decisions on your child’s behalf. This becomes problematic if your adult child were ever to become incapacitated, and unable to make those decisions […]
Filed Under: Appellate Law
7th Circuit Finds Broad Breach of Contract Exclusion in Prof Services Liability Policy Unenforceable
Recently, in Crum & Forster Specialty Insurance Co. v. DVO, Inc., Slip Op., Case No. 18-2571 (7th Cir. Sept. 23, 2019) (“Slip Op.”), the Seventh Circuit held that, under Wisconsin insurance policy interpretation principles, an insurer may not avoid its coverage responsibilities by invoking an exclusion that is broad enough to fully encompass the scope […]
Filed Under: Government Relations
Court of Appeals, District II, Upholds Town’s Denial of CUP for Cell Tower
In Eco-Site LLC et. al. v. Town of Cedarburg, 2019 WI App 42, the Wisconsin Court of Appeals, District II affirmed the Town of Cedarburg’s authority to deny Eco-Site LLC’s conditional use permit application to build a cell tower. After a full discussion of the information and issues, the Town Board denied Eco-Site’s application on […]
Filed Under: Appellate Law
Court of Appeals Weighs in on Class Action Cert Issues Under Federal Standard Recently Adopted in WI
Last month, District I of the Wisconsin Court of Appeals was provided an opportunity to review a circuit court’s grant of a motion for class certification under the newly-revised version of Wis. Stat. § 803.08, which adopted the language and scope of FRCP 23, the federal class certification analogue. See Harwood v. Wheaton Franciscan Services, Inc., et […]
Filed Under: Appellate Law Government Relations Municipal Law
Seventh Circuit Reaffirms Stringent Standards for Municipal Liability in Civil Rights Actions
Since the United States Supreme Court’s seminal decision in Monell v. New York Department of Social Services, a municipality can be only found liable for civil rights claims brought under 42 U.S.C § 1983 if a plaintiff can show that a policy or custom of the municipality caused the violation of his or her constitutional […]
Filed Under: Municipal Law
Public Records Requests: Form Matters
Wisconsin’s Public Records Law requires officials to provide “the greatest possible information” in response to public records requests. Wis. Stat. § 19.31. In Lueders v. Krug, the Wisconsin Court of Appeals, District II, clarified that this mandate requires officials to provide electronic copies of materials if electronic copies are requested. In June 2016, Bill Lueders emailed […]
Filed Under: Appellate Law
Right to Appeal an Order on a Motion to Compel Arbitration: Wisconsin Supreme Court Makes It Final
Buried in many modern contracts (from standard construction industry contracts to employment agreements, and from consumer contracts to mortgages and leases) are agreements to arbitrate any existing or future disputes. These arbitration provisions may appear innocuous, but, when a subsequent dispute develops between the contracting parties and one party prefers to be in court, a […]
Filed Under: Appellate Law
What the U.S. Supreme Court’s Bethune-Hill Decision Means for Legislative Intervenors in Wisconsin
Earlier this week, the U.S. Supreme Court decided in Virginia House of Delegates v. Bethune-Hill, No. 18-281 (U.S. June 17, 2019), that one chamber of the Virginia legislature lacked legal standing to appeal a federal court order requiring that some legislative districts be withdrawn. Virginia’s Attorney General had defended the districts in the trial court, but […]
Filed Under: Appellate Law Employment & Labor Law
Use It Or Lose It: SCOTUS Ruling Means Employer Defense To Discrimination Claims Can Be Waived
On June 3, 2019, the U.S. Supreme Court unanimously held that failure of an employee to file a discrimination claim with the EEOC prior to bringing a discrimination lawsuit does not deprive a court of jurisdiction over the suit. That means that an employer can waive the defense to a discrimination claim based on failure […]
Filed Under: Appellate Law
Supreme Court Finds Unexpected Difference between Corporations and Limited Liability Companies
In Marx v. Morris, 2019 WI 34, the Wisconsin Supreme Court interpreted the Wisconsin LLC Act in an unexpected way. Specifically, Marx held that LLC members may bring suit in their capacity as members, instead of on behalf of the LLC, against other members, even when the harm alleged is primarily to the LLC. This deviates from corporate […]
