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The 2019-20 legislative session was inaugurated on Jan. 7, 20
19. Newly elected Democrats
Gov. Tony Evers and AG Josh Kaul were sworn into office, along with members of the legislature, which will remain in Republican hands. Read about new legislative committees of note and new staff members in the administration in this first WCJC newsletter of 2019. Plus, the latest from the Wisconsin 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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Complaint Filed Seeking to Declare Extraordinary Session Legislation Unconstitutional
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A coalition has filed a complaint seeking to deem the legislature's 2018 extraordinary session legislation unconstitutional and unenforceable. The complaint argues that the extraordinary session was not convened in accordance with the Wisconsin Constitution, which authorizes the legislature to meet only as provided by law or when convened by the governor (Wis. Const. Art. IV, § 11). However, a recent memo from Wisconsin Legislative Council to Assembly Speaker Robin Vos (R-Rochester) plainly states that convening an extraordinary session does not violate the Wisconsin Constitution.
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| AG Kaul Announces Wisconsin DOJ Appointees |
After taking office on Jan. 7, newly elected Attorney General Josh Kaul has announced several appointments within the Department of Justice (DOJ). Appointees include current DOJ employees and alumni, as well as some new faces.
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| 2019-20 Judiciary & Courts Committees |
Senate and Assembly leadership have finalized committee assignments for the 2019-20 session, including those committees that will likely be tasked with legal reform bills.
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SUPREME COURT
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Subtitle
Month Year |
| Wisconsin Supreme Court Candidates Finalized |
Court of Appeals Judges Brian Hagedorn and Lisa Neubauer have both officially filed to run for the Wisconsin Supreme Court in the April 2019 election. Hagedorn and Neubauer will compete to replace Justice Shirley Abrahamson, who announced in May she will not run for re-election after four terms on the bench.
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Yacht Club at Sister Bay Condo Association, Inc. v. Village of Sister Bay (Public/Private Nuisance)
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In Yacht Club at Sister Bay Condo Association, Inc. v. Village of Sister Bay
(2019 WI 4), the Supreme Court determined that each nuisance-causing event at a town concert venue is a new "event" triggering a new 120-day notice period for filing a claim against the town.
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| Myers v. Department of Natural Resources (DNR Authority) |
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In Myers v. Department of Natural Resources (2019 WI 5), the Supreme Court held that DNR does not have the authority to
amend an expired construction permit.
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| Engelhardt v. City of New Berlin (Governmental Immunity) |
In Engelhardt v. City of New Berlin (2019 WI 2), the Supreme Court held that the City of New Berlin was negligent when a child drowned on a field trip because the known and present danger exception to governmental immunity applied.
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COURT OF APPEALS
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Subtitle
Month Year |
| Court of Appeals Certification: Clean Wisconsin v. Department of Natural Resources |
The Court of Appeals District II submitted a certification this week asking the Wisconsin Supreme Court to take up Clean Wisconsin v. Department of Natural Resources. The issue in this case is whether 2011 Act 21 precludes DNR from considering cumulative environmental impacts in issuing high capacity well permits under Wis. Stat. § 281.34.
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| West Bend Mutual Insurance Co. v. Calumet Equity Mutual Insurance Co. (Coverage for Domestic Duties) |
In West Bend Mutual Insurance Co. v. Calumet Equity Mutual Insurance Co. (2018AP435), the Court of Appeals District II held that farming work is not a "domestic duty" covered by an insurance policy.
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Turner v. Bounce Back, LLC
(Personal Injury)
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In Turner v. Bounce Back, LLC (2018AP352), the Court of Appeals District III affirmed that the manufacturer of an inflatable air bag was not liable for injuries sustained when Colin Turner jumped onto it.
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John Soletski v. Krueger International, Inc.
(Statute of Repose/Independent Contractor Rule)
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In John Soletski v. Krueger International, Inc. (2017AP2063), the Court of Appeals District III held that Krueger was not liable for an injury to an independent contractor operating its scissor lift. The court held the plaintiff's negligence claims were barred under the statute of repose and the rule of employer immunity for independent contractors. Furthermore, the court held that the right to recover costs is not forfeited if costs are filed timely, but the court does not timely resolve objections.
Continue reading about the case.
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| Danielle Jackson v. Diane Burczyk (Governmental Immunity) |
In Danielle Jackson v. Diane Burczyk (2018AP65), the Court of Appeals District II held that governmental immunity applied to correctional facility employees when a kettle tipped, spilling boiling water that injured Danielle Jackson, who was a cook at the facility.
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| Town of Forest v. PSC (Wind Farm Application) |
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In Town of Forest v. PSC (2018AP367), the Court of Appeals District III declined on the grounds of claim preclusion Forest's petition for judicial review of the Public Service Commission's (PSC) final approval of a wind farm application. The court also declined to hold PSC in contempt of court following a previous circuit court order.
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| Jacqueline Wise v. LIRC (Worker's Compensation) |
In Jacqueline Wise v. LIRC (2017AP2191), the Court of Appeals District II overturned an LIRC decision denying worker's compensation for procedures related to the patient's pre-existing condition.
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| Aamaans Properties, Inc. v. DOT (Inverse Condemnation) |
In Aamaans Properties, Inc. v. DOT (2017AP1220), the Court of Appeals District IV held that a property owner is not entitled to compensation when the Department of Transportation (DOT) relocates a nearby highway but does not physically take the property or legally change its use.
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| January 18, 2019 Written and compiled by Paige Scobee Hamilton Consulting Group |
Wisconsin Civil Justice Council
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