From Bill G. Smith, WCJC President and National Federation of Independent Business-Wisconsin State Director -

 

Across Wisconsin, businesses have shut down and workers gone without paychecks after the state's private sector was largely shuttered to address the COVID-19 crisis. Our economy has taken a severe blow, the worst since the Great Depression. Slowly, parts of Wisconsin's economy are reopening, but the road to recovery will not be easy.

 

For many Wisconsin businesses, a major concern as they reopen is the threat of frivolous lawsuits from potential COVID-19 outbreaks beyond their control, and for which they may not be responsible. Businesses, large and small, are working hard to bring back family supporting jobs and serve their customers. During these unprecedented times, business owners should not be at risk of potentially bankrupting litigation.

 

Governor Evers and the Wisconsin Legislature must work together soon to enact the following four-point agenda to protect Wisconsin businesses from an atmosphere of frivolous lawsuits.

 

Continue reading about COVID-19 liability protections proposed by WCJC.

A few weeks after the Wisconsin Supreme Court invalidated the state's "Safer at Home" emergency order, state and local leaders continue to grapple with the ongoing pandemic and economic recovery. The Department of Health Services (DHS) has declined to promulgate Safer at Home as a statewide rule and instead some local health departments have orders in place. Gov. Tony Evers has also begun allocating federal funds for Wisconsin COVID-19 efforts.

 

Continue reading about the COVID-19 response in Wisconsin.

Wisconsin Attorney General Josh Kaul recently joined multistate coalitions in lawsuits on two important issues: the Affordable Care Act (ACA) and federal fuel efficiency standards.

 

Continue reading about the latest AG actions.

The Wisconsin Supreme Court has accepted the petition for review in Zignego v. Wisconsin Elections Commission, the case surrounding the Wisconsin Elections Commission's decision not to deactivate the registrations of Wisconsin voters who had recently moved.

 

Continue reading about the case and other cases recently accepted by the court.

In Emer's Camper Corral, LLC v. Alderman ( 2020 WI 46 ), the Supreme Court held 6-1 that plaintiffs claiming negligent procurement by an insurance agent must establish that the desired policy was both commercially available and that the insured would have qualified for it.

 

Continue reading about the case.

In Correa v. Woodman's Food Market ( 2020 WI 43 ), a 6-0 Wisconsin Supreme Court held that plaintiffs in safe place statute cases need not prove the exact moment an unsafe condition existed, as long as they can prove the condition existed for long enough for the defendant to have had constructive notice. In this case, the court said the jury can infer from video evidence that the unsafe condition existed for long enough to give the defendant constructive notice.

 

Continue reading about the case.

In Curtiss v. Ellery ( 2019AP1088 ), the Court of Appeals District IV found that the defendant did not establish there were no issues of material fact, so the plaintiff's negligence claim could proceed.

 

Continue reading about the case.

* This case is recommended for publication.

 

In Kemper Independence Insurance Co. v. Islami ( 2019AP488 ), the Court of Appeals District II agreed with an insurer that coverage was not due to an innocent insured when another insured on the policy committed fraud.

 

Continue reading about the case.

In Price v. American International Group, Inc. ( 2019AP57 ), the Court of Appeals District I held that WE Energies was not liable for an injury to an employee of an independent contractor.

 

Continue reading about the case.