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Movement on legislation has slowed in the state capitol as the Legislature focuses on passing the state budget this week. Meanwhile, there has been plenty of action in the state courts, with the Wisconsin Supreme Court recently issuing several important decisions on the Legislature's 2018 extraordinary session, insurance law, and governmental immunity, among other issues. This edition of the WCJC Newsletter covers all this and more below.
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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Wisconsin Supreme Court Rules Extraordinary Session Laws Constitutional in League of Women Voters Decision
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In a 4-3 decision on June 21, the Wisconsin Supreme Court affirmed that the Legislature's 2018 extraordinary session was constitutional in League of Women Voters v. Evers (2019 WI 75), thus upholding the three laws passed in the extraordinary session and the confirmation of 82 appointments.
Read below for an update on SEIU v. Vos, the case challenging the substance of the extraordinary session laws.
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| Wisconsin Supreme Court Reinstates Extraordinary Session Laws in SEIU Case |
On June 11, the Wisconsin Supreme Court
granted
a stay on the temporary injunction in the extraordinary session challenge SEIU v. Vos, reinstating provisions of the legislation that had been blocked by a Dane County Circuit Court. Additionally, the Supreme Court stayed proceedings on the case in the lower court, cancelling the trial on guidance document provisions of
Act 369
set to begin in Dane County on June 12.
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Tort Filings in Wisconsin Increase in 2018
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Despite a general decrease in tort filings in Wisconsin courts over the past decade, tort filings increased slightly in Wisconsin in 2018. Wisconsin overall has a positive legal climate that keeps these tort filing numbers in a reasonable range. In its 2018-19 "Judicial Hellholes" report, American Tort Reform Association recognized Wisconsin as a "Point of Light" for the 2018 Wisconsin Supreme Court decision upholding limits on noneconomic damages in medical malpractice cases and civil litigation reforms in 2017 Act 235.
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Wisconsin AG Joins Lawsuit to Block T-Mobile-Sprint Merger, Other Multistate Actions
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On June 11, Wisconsin Attorney General Josh Kaul joined eight other states and Washington, D.C. in a civil antitrust lawsuit to block the proposed merger of wireless communication companies T-Mobile and Sprint. On June 12, Attorney General Kaul also signed onto two additional multistate attorneys general actions.
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SUPREME COURT
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Subtitle
Month Year |
Wisconsin Supreme Court Accepts New Cases
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The Wisconsin Supreme Court recently accepted several new cases. Cases of note will decide issues related to fraudulent representation and the economic loss doctrine and whether insurers breach their duty to defend by not immediately accepting the defense of the insured.
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Pinter v. Village of Stetsonville (Governmental Immunity)
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In Pinter v. Village of Stetsonville (2019 WI 74), a 4-3 Wisconsin Supreme Court held that a village's oral policy related to wastewater processes did not create a ministerial duty exempting it from governmental immunity protections. Furthermore, expert testimony was required for the plaintiff to proceed with a public nuisance claim against the village.
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| Rural Mutual Insurance Co. v. Lester Buildings, LLC (Subrogation Waiver) |
In Rural Mutual Insurance Co. v. Lester Buildings, LLC (2019 WI 70), the Wisconsin Supreme Court determined that a subrogation waiver did not violate Wis. Stat. § 895.447, which provides that any provision to limit tort liability in a construction contract is against public policy and void.
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David Paynter v. ProAssurance Wisconsin Insurance Co. (Borrowing Statute in Medical Malpractice)
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In David Paynter v. ProAssurance Wisconsin Insurance Co. (2019 WI 65), the Wisconsin Supreme Court held that in medical malpractice cases where a misdiagnosis causes latent, continuous injury, the plaintiff's first injury determines whether the action is a "foreign cause of action" under Wisconsin's statute applying foreign statutes of limitation (Wis. Stat. § 893.07), also known as the "borrowing statute." The court determines the jurisdiction of the injury based on where it is first felt by the patient.
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COURT OF APPEALS
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Subtitle
Month Year |
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Schroeder v. Zurich American Insurance Co.
(Governmental Immunity)
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In Schroeder v. Zurich American Insurance Co. (2018AP1737), the Court of Appeals District IV dismissed a personal injury case against a government contractor on the grounds of governmental immunity.
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| Stop the Ongoing Mine Permit v. Town of Ashford Board of Appeals (Sand Mine Permit) |
In Stop the Ongoing Mine Permit v. Town of Ashford Board of Appeals (2018AP1843), the Court of Appeals District II upheld a conditional use permit for a sand mine in the Town of Ashford.
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| Moore v. Zurich American Insurance Co. (Duty to Defend & Indemnify) |
In Moore v. Zurich American Insurance Co. (2017AP781), the Court of Appeals District I, interpreting Ohio law, held that one corporation had no duty to defend and indemnify another corporation under their contract.
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| June 24, 2019 Written and compiled by Paige Scobee Hamilton Consulting Group |
Wisconsin Civil Justice Council
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