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In this edition of WCJC's newsletter, ATRA reports on the rise of local public nuisance lawsuits, and the Wisconsin attorney general files his first request for authorization from the legislature under the new Act 369 process. Plus, the latest from the Supreme Court and Court of Appeals.
Please contact
Andy Cook or Paige Scobee
if you have any questions on these or other civil justice matters.
Please feel free to forward this newsletter to others who may benefit from the information it contains.
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| ATRA Report Highlights Rise of Public Nuisance Lawsuits |
A recent report from the American Tort Reform Association (ATRA) outlines the rise in recent years of private plaintiff attorneys bringing lawsuits against businesses on behalf of local governments. Local litigation seeks to hold private businesses liable for broad issues including lead paint, contaminants such as PFAS and PCBs, opioids, and even the global issue of climate change. Plaintiffs are using vague "public nuisance" theory to support their claims.
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| AG Kaul Asks Legislature for Approval to Withdraw from ACA Lawsuit |
Wisconsin Attorney General Josh Kaul has sent a letter to the legislature's Joint Committee on Finance (JFC), requesting authorization to withdraw the state from multistate litigation seeking to declare the Affordable Care Act unconstitutional. The request to withdraw comes after a back and forth between Gov. Tony Evers, Kaul, and the legislature regarding the governor's and attorney general's authority, as amended by the 2018 extraordinary session legislation.
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SUPREME COURT
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Subtitle
Month Year |
| Wisconsin Supreme Court February Oral Arguments |
The Wisconsin Supreme Court has released its calendar of oral arguments for February 2019. There will be several notable cases argued this month, addressing issues including medical malpractice, crime insurance, governmental immunity, and the federal Communications Decency Act.
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| Koss Corp. v. Park Bank (Liability for Embezzlement) |
In Koss Corp. v. Park Bank (2019 WI 7), the Wisconsin Supreme Court found that Park Bank was not liable for failing to protect Koss Corp. from its executive's embezzlement. The court issued a plurality opinion written by Chief Justice Roggensack and Justice Ziegler, with a concurring opinion by Justices Anne Walsh Bradley, Abrahamson, and Dallet, upholding the lower court's decision. Justices Kelly and Rebecca Bradley issued a dissent.
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| Steadfast Insurance Co. v. Greenwich Insurance Co. (Duty to Defend) |
In Steadfast Insurance Co. v. Greenwich Insurance Co. (2019 WI 6), the Wisconsin Supreme Court said a previous insurer had a duty to defend Milwaukee Metropolitan Sewerage District (MMSD) for losses related to a rain event that occurred when MMSD had coverage with a subsequent insurer.
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COURT OF APPEALS
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Subtitle
Month Year |
| Lee Quality Home Care LLC v. DHS (DHS Authority) |
In Lee Quality Home Care LLC v. DHS (2017AP1216), the Court of Appeals District IV held that the Wisconsin Department of Health Services (DHS) has the authority to recoup payments from a personal care provider for services performed by workers not trained according to DHS rules.
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State of Wisconsin ex rel. Annette Flynn v. Kemper Center, Inc.
(Public Records)
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In State of Wisconsin ex rel. Annette Flynn v. Kemper Center, Inc. (2017AP1897), the Court of Appeals District II held that private corporation Kemper Center, Inc. is not a "quasi-governmental corporation" subject to the Wisconsin Public Records Law.
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| February 1, 2019 Written and compiled by Paige Scobee Hamilton Consulting Group |
Wisconsin Civil Justice Council
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