Filed Under: Appellate Practice
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 Practice
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 Practice 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In 2018, we flagged an unpublished, per curiam decision by the Wisconsin Court of Appeals as unusual.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: Appellate Practice
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 Yet, in two unsigned and unpublished procedural orders issued this past spring, the Supreme Court […]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: Appellate Practice
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: Appellate Practice
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 Practice Government Relations Practice 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: Appellate Practice
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 Practice
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 Practice Employment & Labor
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 Practice
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 […]
Filed Under: Appellate Practice Government Relations Practice
Noncompliance with Notice-of-Claim Statute Is Affirmative Defense, Must Be Pleaded
Wis. Stat. § 893.80(1d) requires a potential claimant to provide notice, including “an itemized statement of the relief sought,” to a government entity within 120 days of the event giving rise to a potential suit. In Maple Grove Country Club Inc. v. Maple Grove Estates Sanitary District, 2019 WI 43, the Wisconsin Supreme Court recently held […]
Filed Under: Appellate Practice Government Relations Practice
State Can Raise New Argument in Civil Forfeiture Action, Even After Dismissing Criminal Charges
Some civil and criminal cases rely on indistinguishable facts. However, a recent Wisconsin Court of Appeals decision – Wisconsin v. Scott, et. al., 2017AP1345 – demonstrated that the parties need not make indistinguishable arguments in each case. In 2016, police seized drugs, money and vehicles pursuant to a search warrant for the Scotts’ property. However, it […]
Filed Under: Appellate Practice
Seventh Circuit Reminds That Failure to Timely Plead an Affirmative Defense Can Be Fatal
The New Wisconsin Trust Code (WTC) will take effect date of July 1, 2014. The new WTC offers greater flexibility in managing trusts, makes it easier to modify or terminate trusts, reduces the need for court involvement and may provide new opportunities in estate planning.
Filed Under: Appellate Practice
Stafford Helps Municipalities Preserve “Discretionary” Immunity in Wisconsin Supreme Court
Stafford Rosenbaum receives three United Way Partners for Change awards. Among Madison law firms, Stafford Rosenbaum was awarded:Highest Increase in Dollars Raised; Highest Percent in Participation; and Highest Percentage Increase in Participation.
Filed Under: Appellate Practice
Seventh Circuit Throws Ice Cold Water on Attempt to Undo Adverse State Court Decision
Denasha Scott and James Egle of Stafford Rosenbaum will be presenting “Wisconsin Case Law in a Nutshell: 10 Decisions Every Business Lawyer Should Know” at the Wisconsin Chapter of the Association for Corporate Counsel’s Annual Conference on May 16th in Elkhart Lake. Ms. Scott is a partner in the firm's Milwaukee office. Mr. Egle is a partner in Stafford's Madison office.
Filed Under: Appellate Practice Business Law
Has the Wisconsin Court of Appeals Shown A Path to Change Successor Liability Law?
Denasha Scott, a partner in the firm's Milwaukee office, was among this year's Wisconsin Law Journal's Women in the Law honorees. The Wisconsin Law Journal honored outstanding achievement by the top women in the practice of law who by achieving success, have also paved the way for success for other women in the legal profession.
Filed Under: Appellate Practice
Two Strikes and You’re Out: 7th Circuit Addresses Federal and State Rules on Voluntary Dismissal
Ten attorneys from Stafford Rosenbaum have been selected to the 2015 Wisconsin Super Lawyers list. Moreover, Anthony Menting was selected as one of the top 25 lawyers in Madison, and Daphne Webb was chosen as one of the top 25 women attorneys in Wisconsin. Three Stafford attorneys were chosen for the 2015 Wisconsin Rising Stars list.
