Several important cases are currently moving through federal and state courts in Wisconsin. This edition of the WCJC newsletter provides updates on lead paint litigation in the Eastern District of Wisconsin, extraordinary session litigation in the Wisconsin Supreme Court, and other notable cases from the Wisconsin Supreme Court and Court of Appeals.
Please contactAndy Cook or Paige Scobeeif 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.
Lead Paint Case Moving in Eastern District of Wisconsin
This month, a federal court held a trial relitigating whether plaintiffs can hold companies liable for marketing and manufacturing lead paint before it became illegal in 1978. The plaintiffs' case, currently in the Eastern District of Wisconsin under Milwaukee Judge Lynn Adelman, uses Wisconsin's unique risk contribution theory of liability to allege defendant manufacturers caused their injuries, despite their inability to specifically link defendants' products to their injuries.
Wisconsin Supreme Court Hears Oral Arguments in First Extraordinary Session Challenge
In its last oral arguments of the 2018-19 term, the Wisconsin Supreme Court heard a case that will decide whether the Legislature constitutionally convened the December 2018 extraordinary session. The issue in League of Women Voters v. Evers is whether extraordinary sessions are "provided by law" as required by Wisconsin Constitution Art. IV ยง 11.
The Wisconsin Supreme Court recently accepted several new cases. The final oral arguments of the 2018-19 term were held on May 15, so new cases will be heard in the fall. Cases of note include Town of Wilson v. City of Sheboygan, related to Kohler Co.'s annexation for a new golf course, and Steven J. Piper v. Jones Dairy Farm, related to employee compensation for donning and doffing under a collective bargaining agreement.
In Hull v. Glewwe (2017AP2485), the Court of Appeals District III held that claim preclusion does not bar a plaintiff from pursuing a new negligence lawsuit when the plaintiff's insurer has already defended the plaintiff in a previous lawsuit arising out of the same accident, wherein the plaintiff was not a named defendant.
Payday Loan Resolution, LLC v. DFI (Agency Police Power Over Out-of-State Business)
In Payday Loan Resolution, LLC v. DFI (2018AP821), the Court of Appeals District IV held that Florida debt settlement business Payday Loan Resolution is subject to Wisconsin Department of Financial Institutions (DFI) licensing requirements and enforcement.
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