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Filed Under: Appellate Law Business Law Insurance Law Litigation

Wisconsin Joins the Majority: Profit Losses Due to COVID-19 Not Insured

By: David P. Hollander

Nationwide, restaurants and bars felt financial strain over the past two years. With measures in place to prevent the spread of COVID-19, many food and beverage businesses were subject to restrictions on the use of their in-person dining rooms. In a recent case, the Wisconsin Supreme Court found that COVID-19 related business interruption losses were […]

Jul 01, 2022 in Blogs
Filed Under: Appellate Law Litigation

Seventh Circuit Rejects Students’ Claim that University’s Refusal to Refund Fees During COVID Closures Amounts to Constitutional Violation

By: David P. Hollander

Public bodies deal with many of the same legal issues as private enterprises—plus a host of unique risks that arise because they are public actors. Public bodies therefore must take care to ensure that they are not violating the protected constitutional rights of their citizens, employees, contractors, or (in the case of schools) students. A […]

Jun 02, 2022 in Blogs
Filed Under: Appellate Law Municipal Law

Court of Appeals Determines City Development Condition Is Unconstitutional Taking

By: Isaac S. Brodkey Rick A. Manthe Larry Konopacki

This month, the Court of Appeals affirmed a circuit court decision that held that the City of Brookfield engaged in an unconstitutional taking when it conditioned the approval of a subdivision development on construction of a new public street. The Court of Appeals determined that this “exaction” was not permissible because it did not address […]

May 02, 2022 in Blogs
Filed Under: Appellate Law Insurance Law

Wisconsin Court of Appeals Rules that Reckless Homicide Cannot Constitute an Accident for Purpose of Insurance Coverage

By: Clementine Uwabera Jeffrey A. Mandell

Recently, the Wisconsin Court of Appeals ruled in a case that tests the interaction between criminal law and civil liability. In Dostal v. Strands, 2020AP1943 (Oct. 19, 2021), the court held that an insured’s criminal conviction for second-degree reckless homicide precluded a mother’s claim against the insurer for damages arising from the death of her child. […]

Nov 17, 2021 in Blogs
Filed Under: Appellate Law

Wisconsin Court of Appeals Rejects Attempted Underinsured Motorist Double Dip

By: Bruce Huibregtse Jeffrey A. Mandell Isaac S. Brodkey

At the close of summer, the Wisconsin Court of Appeals rejected an insurance company’s attempt to “double dip” and reduce its underinsured motorist (“UIM”) coverage responsibility to an insured based on a liability payment made to another insured.[1] The case arose from an automobile accident that caused the death of Michael Shimeta and serious injuries […]

Sep 22, 2021 in Blogs
Filed Under: Appellate Law Municipal Law

Denial of Variance Request Regarding Lakefront Yard Setback Requirements

By: Olivia M. Dunn Christopher Hughes

Cox v. City of Madison Zoning Board of Appeals, Appeal No. 2020AP478 (July 8, 2021) Kathleen Cox purchased property on Lake Mendota with the plan to demolish and rebuild the existing house and wet boathouse. A wet boathouse is one that is built over excavated shoreline with the lake water underneath, into which a boat […]

Sep 01, 2021 in Blogs
Filed Under: Appellate Law Election & Political Law

Supreme Court of Wisconsin Denies Legislative Redistricting Rulemaking Petition

By: Douglas M. Poland Jeffrey A. Mandell Rick A. Manthe

The Supreme Court of Wisconsin recently denied a petition submitted by former Assembly Speaker Scott Jensen, represented by the Wisconsin Institute for Law and Liberty (“WILL”), proposing new procedural rules limited solely to legal challenges to new legislative districts, including requiring such challenges to be brought solely to the Wisconsin Supreme Court. Stafford Rosenbaum Attorneys […]

May 24, 2021 in Blogs
Filed Under: Appellate Law

Court of Appeals Holds that Prejudgment Interest Can Be Triggered without a Demand

By: Jeffrey A. Mandell Bruce Huibregtse

Recently, the Wisconsin Court of Appeals touched on two important insurance issues: covered autos under Wis. Stat. § 632.32(3) and prejudgment interest under Wis. Stat. § 628.46(1). In January 2016, Jason and Wendy Foerster’s thirteen-year-old son was directed by his uncle to drive a Chevrolet Tahoe to the child’s grandparents’ house to retrieve a piece […]

May 07, 2021 in Blogs
Filed Under: Appellate Law Municipal Law

Court of Appeals Accepts Petition for Interlocutory Appeal on Discretionary Immunity, Reverses in Favor of Stafford Rosenbaum’s Client to Dismiss Case

By: Ted Waskowski Kyle Engelke

At the end of last week, the Court of Appeals recommended for publication an opinion resulting from a permissive interlocutory appeal sought by Stafford Rosenbaum on behalf of the City of Monroe.  Stafford sought the appeal after the trial court denied the City’s motion for summary judgment asserting absolute and governmental immunity in response to […]

Dec 08, 2020 in Blogs
Filed Under: Appellate Law Municipal Law

Court of Appeals Holds that a Continuing Trespass Does Not Circumvent the Notice of Injury Requirements

By: Pahoua Thao Kyle Engelke

The Wisconsin Court of Appeals recently found that a continuing trespass does not create a new “event” each day that it remains on the property.  See Ebert v. Village of Gresham, 2020 WL 6278316, ¶¶ 2, 13.  Because a new event is not created each day, a claimant must file a notice of injury within […]

Nov 18, 2020 in Blogs
Filed Under: Appellate Law Municipal Law

Court of Appeals Confirms that an Unimproved Platted Public Road May Not Be Adversely Possessed

By: Olivia M. Dunn Matthew Dregne

A property owner, Timothy Casa De Calvo, sued the Town of Hudson claiming that he adversely possessed real property adjacent to his house. The property in question had been dedicated about 31 years before as a street on a subdivision plat. The circuit court granted summary judgment in favor of the Town, and the court […]

Sep 22, 2020 in Blogs
Filed Under: Appellate Law Municipal Law

Wisconsin Court of Appeals Allows Inclusion of Parking Lot Income in Milwaukee Property Tax Assessment

By: Kyle Engelke Ted Waskowski

In Milwaukee Block 10 Properties v. City of Milwaukee, the Wisconsin Court of Appeals reaffirmed two key principles in its reversal of a circuit court decision which ordered the City of Milwaukee to revise its property tax assessment for the Aloft Hotel. First, Wisconsin affords substantial deference to property tax assessments prepared by municipalities. Property […]

Jul 09, 2020 in Blogs
Filed Under: Appellate Law Litigation

Wisconsin Court of Appeals Strikes Down Insurer’s Limitation on Underinsured Motorist Coverage

By: Jeffrey A. Mandell Bruce Huibregtse

The Wisconsin Court of Appeals recently held that Wisconsin law precludes enforcement of a provision in an insurance policy that purported to limit underinsured motorist (“UIM”) coverage to only those insureds who sustain bodily injury or death. Ryan Johnson died from injuries sustained in a collision involving an underinsured vehicle. Johnson’s minor son, Elliot Brey, […]

Jul 07, 2020 in Blogs
Filed Under: Appellate Law Employment & Labor Law Litigation

U.S. Supreme Court Holds Employment Protection Reaches Sexual Orientation and Transgender Status

By: Rick A. Manthe Jeffrey A. Mandell

Title VII is the portion of the federal Civil Rights Act that prohibits employers from discriminating on the basis of race, color, religion, sex, and national origin. It was first adopted by Congress in 1964. Last week, in a 6-3 ruling, the U.S. Supreme Court interpreted Title VII to prohibit discrimination on the basis of […]

Jun 25, 2020 in Blogs
Filed Under: Appellate Law Government Law Municipal Law

Court Reiterates that Not All Government Actions that Diminish Property Value Are Compensable

By: Rick A. Manthe Larry Konopacki Jeffrey A. Mandell

State and local governments have a variety of powers. They can take private property for public use, but they have to fairly compensate the property owner. They can also use their police power—a broad array of authority to protect public health and safety—to regulate the use of property. The Wisconsin Court of Appeals’ recent decision […]

May 18, 2020 in Blogs
Filed Under: Appellate Law Business Law

Court of Appeals Applies Economic Loss Doctrine to Subcontractor Dispute under Interrelated Contracts Theory

By: Matthew V. Fisher Bruce Huibregtse

The Wisconsin Court of Appeals recently issued a decision expanding the economic loss doctrine to horizontal claims by subcontractors who lack contractual privity.  See Mechanical, Inc. v. Venture Electrical Contractors, Inc., No. 2018AP2380 (Apr. 22, 2020). The issue was whether one subcontractor could assert a negligence claim seeking purely economic losses (in this case delay […]

Apr 24, 2020 in Blogs
Filed Under: Appellate Law Business Law

Seventh Circuit Upholds Dismissal of Subcontractor’s Meritless Claims for Damages Based on Customary Bid Negotiations with General Contractor

By Stafford Rosenbaum

Earlier this week, the Seventh Circuit affirmed the district court’s order granting our client’s, Annex Construction, LLC, motion for summary judgment dismissing all claims brought against it by a framing subcontractor, Skyrise Construction Group, LLC.  See Skyrise Construction Group, LLC v. Annex Construction, LLC, Case No. 19-1461 (7th Cir. April 21, 2020).  In a unanimous […]

Apr 23, 2020 in Blogs
Filed Under: Appellate Law Litigation

Stafford Rosenbaum Team Wins Unanimous Ruling from Wisconsin Supreme Court

By: Jeffrey A. Mandell Jared Potter Eileen M. Kelley Anthony Menting

Today, six months after oral argument, the Wisconsin Supreme Court unanimously ruled in favor of our client, Lynnea Landsee-Pulikkila, and reversed a 2019 decision of the Wisconsin Court of Appeals. The majority opinion, authored by Justice Ann Walsh Bradley, recognized that the court of appeals “jumped the gun” by imposing a constructive trust in this […]

Apr 14, 2020 in Blogs
Filed Under: Appellate Law

Court of Appeals Declines Request to Further Complicate Administrative Rule-Making Process

By: Jeffrey A. Mandell Larry Konopacki Rick A. Manthe

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 […]

Mar 11, 2020 in Blogs
Filed Under: Appellate Law

Court of Appeals Decision Complicates Insureds’ Ability to Obtain Coverage From Claims-Made Insurers

By: Bruce Huibregtse

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 […]

Mar 10, 2020 in Blogs
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