WCJC has filed a brief in a court of appeals case that could have significant impacts on Wisconsin's business climate. This edition of the WCJC newsletter also details the latest developments in the litigation surrounding the 2018 extraordinary session laws and bills of note moving through the Wisconsin legislature. Plus, the latest from the Wisconsin Supreme Court and Court of Appeals, including the Supreme Court election results and a case that will decide whether the REINS Act applies to the Department of Public Instruction.
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.
The Wisconsin Civil Justice Council and Metropolitan Milwaukee Chamber of Commerce have filed an amicus brief in Yandoli v. REV Group, Inc. arguing the court should stay state court proceedings in a securities class action lawsuit when an identical class action case is ongoing in federal court. The case could have significant impacts on Wisconsin's business climate.
Several ongoing cases seeking to void the 2018 extraordinary session legislation are moving through Wisconsin and federal courts. This article provides background on each of the cases and updates on where each of the cases are in the legal process.
The latest: The Wisconsin Supreme Court accepted the League of Women Voters's petition to bypass the Court of Appeals. The Supreme Court will hold oral arguments on May 15.
Assembly Committee Passes Bill Allowing DAs to Engage in Private Civil Suits
Last week, the Assembly Judiciary Committee voted 8-1 to recommend passage of AB 25, which would allow district attorneys to engage in the private practice of law for certain civil purposes. While AB 25 may be well intentioned, WCJC opposes the bill because it poses several unintended consequences.
Abusive Work Environments Cause of Action Legislation Introduced
Rep. Sondy Pope (D-Mt. Horeb) has introduced legislation (AB 116) that would create a new cause of action outside of worker's compensation for abusive work environments. AB 116 has been referred to the Assembly Committee on Labor & Integrated Employment. In addition to Pope, the bill has 18 Democratic cosponsors - 13 assembly representatives and five senators.
Judge Brian Hagedorn Wins Wisconsin Supreme Court Race
In the only statewide race in the Wisconsin 2019 spring elections on April 2, Court of Appeals Judge Brian Hagedorn beat Court of Appeals Chief Judge Lisa Neubauer for an open seat on the Wisconsin Supreme Court. Hagedorn won by close to 6,000 votes, and Judge Neubauer has officially conceded, declining to call for a recount.
Supreme Court Accepts Clean Wisconsin v. DNR Appeal
The Wisconsin Supreme Court has agreed to hear the appeal in Clean Wisconsin v. DNR, which will decide whether 2011 Act 21 precludes DNR from considering cumulative environmental impacts in issuing high capacity well permits under Wis. Stat. ยง 281.34. The Court of Appeals District II had submitted in January a certification for the Supreme Court to take up the case.
The Wisconsin Supreme Court heard oral arguments on April 10 in one of the more important cases of the term, Koschkee v. Evers. The case presents important state constitutional issues centered on whether the Department of Public Instruction and Superintendent of Public Instruction violated the 2017 Regulations from the Need of Scrutiny Act (REINS Act). The case also will be closely watched to see whether the Supreme Court revisits and overturns its previous decision, Coyne v. Walker.
In Marx v. Morris (2019 WI 34), the Wisconsin Supreme Court decided that members of a limited liability company (LLC) have standing to assert a claim against another member of the LLC as individuals, not on behalf of the LLC. Furthermore, Wisconsin's LLC law does not pre-empt common law claims.
Rabitoy v. Billington (Safe Place Statute & Negligent Supervision)
In Rabitoy v. Billington (2018AP270), the Court of Appeals District III held that a property owner was not liable for injuries sustained when an employee on his property misused equipment outside the scope of his employment.
In Smith v. Goshaw (2017AP2008), the Court of Appeals District III held that the defendant was entitled to a new trial because the jury received instructions that erroneously elevated the standard of care landlords must exercise for upkeep of properties.
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