Wisconsin Civil Justice Council 

With the last oral arguments held in May, the 2018-19 Wisconsin Supreme Court term is wrapping up. This edition of the WCJC newsletter has the latest decisions and looks ahead to the 2020 election. Plus a verdict in the federal lead paint case, restructuring at Wisconsin DOJ, and the latest from the 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.

Jury Issues $6 Million Verdict To Plaintiffs in Lead Paint Case

On May 31, a federal jury in the Eastern District of Wisconsin issued a $6 million verdict to the plaintiffs in a trial relitigating whether plaintiffs can hold companies liable for marketing and manufacturing lead paint before it became illegal in 1978. The case is the first to use Wisconsin's unique risk contribution theory of liability to allege defendant manufacturers caused the plaintiffs' injuries, despite their inability to specifically link defendants' products to their injuries.
 
   
DOJ Restructuring to Focus on Environmental Enforcement

On May 23, Attorney General Josh Kaul announced a restructuring at the Department of Justice (DOJ) that will allow for more environmental enforcement. The restructuring merges DOJ's Environmental Protection Unit and Consumer Protection Unit under a single Public Protection Unit.
 
 
SUPREME COURT
Subtitle
Month Year
2020 Wisconsin Supreme Court Candidates Taking Shape

Three candidates have announced they will run for the Wisconsin Supreme Court in the April 2020 election. Conservative Justice Daniel Kelly announced on May 28 that he will run to keep his seat. Challenging him so far are liberal candidates Dane County Judge Jill Karofsky and Marquette University Law School Professor Ed Fallone. A primary to narrow the race down to two candidates will be held in February 2020.
 
   
Teske v. Wilson Mutual Insurance Co. (Claim Preclusion)

In Teske v. Wilson Mutual Insurance Co. (2019 WI 62), the Wisconsin Supreme Court held that previous litigation related to underinsured motorist (UIM) coverage precludes a second tort claim alleging negligence in the same accident.
 
 
Leicht Transfer & Storage Co. v. Pallet Central Enterprises, Inc.  (Crime Insurance Coverage)

In Leicht Transfer & Storage Co. v. Pallet Central Enterprises, Inc. (2019 WI 61), the Wisconsin Supreme Court held that amounts paid in response to forged delivery tickets are not covered losses under a crime insurance policy.
 
 
COURT OF APPEALS
Subtitle
Month Year
Bill Lueders v. Scott Krug (Open Records Requests)

In Lueders v. Krug (2018AP431), the Court of Appeals District II held that open records requesters have the right to receive electronic copies of email records. The case arises from an open records request to state Rep. Scott Krug (R-Nekoosa).
 
 
Town of Delafield v. Central Transport Kriewaldt (Federal Preemption of Weight Limits)

In Town of Delafield v. Central Transport Kriewaldt (2017AP2525), the Court of Appeals District II held that federal transportation law does not preempt the town's seasonal weight restriction on certain roads.
 
 
Menard, Inc. v. City of Marinette (Property Tax Assessment)

In Menard, Inc. v. City of Marinette (2018AP533), the Court of Appeals District III considered a lawsuit challenging the City of Marinette's property tax assessment of a Menard's store.
 
 

June 6, 2019

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

News Clips
Politics
Legal
State's medical malpractice fund has $1 billion surplus : Wisconsin State Journal, June 5, 2019.
Wisconsin will soon become an island surrounded by legal weed : Milwaukee Journal Sentinel, June 5, 2019.

 
More News Clips


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