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Filed Under: Appellate Law Litigation

A Skeptical View of Daubert Motions in Two Recent Wisconsin Court of Appeals Decisions

By: Colin T. Roth

Litigants routinely rely upon expert witnesses to provide opinion testimony at trial based on their specialized knowledge, training or experience. Also common, the opponent sees serious methodological flaws and thus reaches for a well-known weapon: a Daubert motion asking the trial court to exclude from evidence the report and any associated testimony. Originating in Daubert […]

Nov 09, 2022 in Blogs
Filed Under: Appellate Law Litigation

Non-Delegation in Wisconsin after Becker v. Dane County: The Dissenters

By: Colin T. Roth

A prior post discussed how, in Becker, et al. v. Dane County, et al., Nos. 2021AP1343 & 2021AP1382, the Wisconsin Supreme Court recently turned back an effort to revive the non-delegation doctrine, a tool that—at least in its sharper versions—could be used to pare back much of the modern administrative state. This post picks up […]

Oct 25, 2022 in Blogs
Filed Under: Appellate Law Litigation

Non-Delegation in Wisconsin after Becker v. Dane County

By: Colin T. Roth

At the end of its 2021-22 term, the Supreme Court released its long-awaited decision in Becker, et al. v. Dane County, et al., Nos. 2021AP1343 & 2021AP1382. The case affirmed the validity of orders issued by the joint public health department of Dane County and the City of Madison to control COVID-19 by, among other […]

Oct 17, 2022 in Blogs
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: Litigation

Seventh Circuit Resolves Open Question Under Class Action Fairness Act

By: David P. Hollander Douglas M. Poland

CAFA Background and Exceptions On March 16, 2022, the Seventh Circuit issued its opinion in Schutte v. Coix Health, resolving an open question about the breadth of the Class Action Fairness Act (“CAFA”). 28 USC § 1711 et seq. Congress enacted CAFA in 2005 to expand the availability of federal courts to class action defendants; […]

Apr 20, 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 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: Business Law Litigation

Seventh Circuit Decides “Corn Syrup” Advertising Feud between Molson Coors and Anheuser-Busch

By: Matthew V. Fisher

The Seventh Circuit has weighed in on the highly publicized advertising dispute between beer giants Molson Coors and Anheuser-Busch.  See Molson Coors Beverage Company v. Anheuser-Busch Companies, LLC, Nos. 19-2200, 19-2713, 19-2782, 19-3097 & 19-3116 (7th Cir. May 1, 2020). In early 2019, Anheuser-Busch began advertising that Miller Lite and Coors Light use corn syrup […]

May 19, 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
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