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Happy New Year from Wisconsin Civil Justice Council!
Please feel free to forward this newsletter to others who may benefit from the information it contains.
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| ILR Names Top 10 Most Ridiculous Lawsuits of 2019 |
The U.S. Chamber Institute for Legal Reform recently released its list of Most Ridiculous Lawsuits of 2019. Number one this year was a lawsuit against Blistex, alleging that the packaging of their lip balm prevented the plaintiff from accessing the lip balm left at the bottom of the tube. Also making the top ten this year were silly lawsuits over food labels, the TV show Dexter, the video game Fortnite, and an online review of an animal hospital.
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| ATRA Releases 2019-20 Judicial Hellholes Report |
The American Tort Reform Association recently released its 2019-20 Judicial Hellholes report. The annual report highlights some of the worst-ranking civil justice climates in the country. Topping the report this year are Philadelphia, California and New York City. Wisconsin neighbors Illinois and Minnesota also made the top ten list, at #5 and #9, respectively.
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PFAS Update: AG Holds Listening Session in Marinette, Foam Bill Passes Committee |
The Wisconsin Legislature and state agencies are continuing to address PFAS chemicals. Recently, Wisconsin Attorney General Josh Kaul held a listening session on PFAS in Marinette. Meanwhile, an Assembly Committee has passed a bill to address PFAS in firefighting foams.
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| Federal Appeals Court Rules on ACA Individual Mandate |
The federal Fifth Circuit Court of Appeals
ruled on Dec. 18, 2019, that the Affordable Care Act's (ACA) individual mandate is unconstitutional. However, the court remanded the case back to the federal district court in Texas to decide how much of the rest of the ACA is unconstitutional.
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SUPREME COURT
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Subtitle
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| Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (Rulemaking Requirements) |
In the Wisconsin Supreme Court's first decision affecting the business community in the 2019-20 term, the court issued an important opinion on agency rulemaking in Lamar Central Outdoor, LLC v. Division of Hearings & Appeals (2019 WI 109). The Supreme Court held that the Department of Transportation (DOT) was required to promulgate a rule when it changed its interpretation of statutes regarding nonconforming billboards.
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Oral Argument Preview: Correa v. Woodman's Food Market (Personal Injury)
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On Jan. 21, the Wisconsin Supreme Court will hear oral arguments in Correa v. Woodman's Food Market, which will address the standards of proof for establishing constructive notice of a hazard and the determinations a jury may make from video surveillance in premises liability cases.
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| Supreme Court Accepts Agency Rulemaking Case Papa v. DHS |
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The Wisconsin Supreme Court recently accepted five new cases, including one that will again address agency rulemaking, following the court's recent decision in Lamar Central Outdoor. The newly accepted case, Papa v. DHS,will determine whether a Wisconsin Department of Health Services (DHS) policy in DHS's Medicaid Provider Handbook has the "force of law" (Wis. Stat. § 227.01(13)) and should be promulgated as an administrative rule and subject to judicial review.
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COURT OF APPEALS
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Subtitle
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Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (Jury Verdict on Damages)
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In Western National Mutual Insurance Co. v. Advanced Disposal Services Solid Waste Midwest, LLC (2018AP2213), the Court of Appeals District IV upheld a jury's award of $25,000 in damages to American Wood Recycling for a trailer damaged by American Disposal.
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| William Sesing Construction, Inc. v. American Bank (Liability for Embezzlement) |
In William Sesing Construction, Inc. v. American Bank (2018AP1126), the Court of Appeals District II held that American Bank did not breach its contract nor was it negligent when a Sesing employee embezzled funds from an American Bank account.
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Payette v. Marx
(Prejudgment Interest)
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*Case recommended for publication.
In Payette v. Marx (2018AP627), the Court of Appeals District III held that insurers do not owe prejudgment damages under Wis. Stat. § 628.46 when a third party demands general damages and the insurer is not certain it actually owes the demanded sum.
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Wargaski v. NCI Group, Inc. (Warranty Forum Selection Clause)
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In Wargaski v. NCI Group, Inc. (2018AP2014), the Court of Appeals District III found that a warranty's forum selection clause applied, barring the Wisconsin lawsuit.
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| January 6, 2020 Written and compiled by Paige Scobee Hamilton Consulting Group |
Wisconsin Civil Justice Council
10 E. Doty Street
Suite 500
Madison, WI 53703
(608) 310-5312
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Your contribution to the Wisconsin Civil Justice Council will help WCJC promote fairness and equity in Wisconsin's civil justice system, with the ultimate goal of making Wisconsin a better place to work and live.
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