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This edition of the WCJC newsletter details the latest developments in the litigation surrounding the 2018 extraordinary session laws. Also, read about national issues related to third party litigation funding and public nuisance lawsuits. 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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Appeals Court Issues Stay of Injunction on Extraordinary Session Laws
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The Court of Appeals District III has issued a stay of the temporary injunction in League of Women Voters v. Evers, one of the cases challenging the constitutionality of the 2018 extraordinary session laws. The stay comes after a Dane County circuit court judge ordered the injunction of 82 appointments confirmed in the extraordinary session and the extraordinary session laws in their entirety.
Despite the appeals court order reinstating the extraordinary session laws in League of Women Voters, some parts of the extraordinary session laws are still unenforceable after a second Dane County judge issued a temporary injunction in a separate case, SEIU v. Vos.
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| D.C. Climate Change Litigation to Allow for Third Party Litigation Financing |
Earlier in March, the Washington, D.C. Office of the Attorney General announced it is seeking outside counsel for a climate change investigation - and would allow attorneys to engage in third party litigation funding in the process. Wisconsin led the nation on litigation funding transparency by passing 2017 Act 235 last session.
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Institute for Legal Reform Issues Reports on Rise of Public Nuisance Lawsuits
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The U.S. Chamber Institute for Legal Reform (ILR) recently issued two reports analyzing the rise of public nuisance lawsuits by municipalities. The papers address the history, issues, and potential solutions to the rise of these types of lawsuits, which seek 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 an ever-broader "public nuisance" theory to support their claims.
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| Commercial Docket Pilot Project Expanding |
The Wisconsin Court System announced this week the expansion of the Commercial Docket Pilot Project beginning April 1. Under the expansion, parties filing commercial cases in any Wisconsin county will now be able to transfer their cases to the Commercial Docket.
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SUPREME COURT
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Subtitle
Month Year |
Wisconsin Supreme Court Accepts Two New Cases
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The Wisconsin Supreme Court has accepted two new cases. The Supreme Court will review recent Court of Appeals decisions related to eminent domain and recreational immunity in DSG Evergreen Family Limited Partnership v. Town of Perry and Lang v. Lions Club of Cudahy Wisconsin, Inc.
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Supreme Court Oral Arguments - March 2019
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The Wisconsin Supreme Court held oral arguments this month on several notable cases, addressing issues including UIM coverage, subrogation waivers, and conditional use permits. Notable cases are: Ann Cattau v. National Insurance Services of Wisconsin, John Teske v. Wilson Mutual Insurance Co., Rural Mutual Insurance Co. v. Lester Buildings, LLC, and Enbridge Energy Co., Inc. v. Dane County.
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Kieninger v. Crown Equipment Corp. (Wages)
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In Kieninger v. Crown Equipment Corp. (2019 WI 27), the Wisconsin Supreme Court unanimously held that employers are not required to compensate employees for time spent commuting using the employer's vehicle.
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Peter Ogden Family Trust of 2008 v. Board of Review for the Town of Delafield
(Property Tax Assessment)
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In Peter Ogden Family Trust of 2008 v. Board of Review for the Town of Delafield (
2019 WI 23), the Wisconsin Supreme Court held that property owners do not need a business purpose in order for their land to be assessed as agricultural.
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COURT OF APPEALS
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Subtitle
Month Year |
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Emer's Camper Corral, LLC v. Alderman
(Negligent Procurement)
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In Emer's Camper Corral, LLC v. Alderman (2018AP458), the Court of Appeals District III held that plaintiffs claiming negligent procurement by an insurance agent must establish that they could have obtained a non-injurious policy but for their agent's alleged negligence.
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| O'Brien v. Travelers Inn, LLC (Minimum Wage) |
In O'Brien v. Travelers Inn, LLC (2018AP1483), the Court of Appeals District IV held that employees are entitled to the minimum wage minus a statutorily set lodging deduction, regardless of the value of the lodging provided.
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| Wolff v. Menard, Inc. (Negligence and Safe Place Statute) |
In Wolff v. Menard, Inc. (2018AP119), the Court of Appeals District I held that summary judgment was applicable because there were no issues of material fact related to where an accident at a Menards store occurred and who was responsible for it.
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| March 28, 2019 Written and compiled by Paige Scobee Hamilton Consulting Group |
Wisconsin Civil Justice Council
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