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Meanwhile, WCJC is taking part in a developing issue in Wisconsin and nationwide - regulation of PFAS chemicals. Proposed strict groundwater standards could open up Wisconsin businesses to frivolous lawsuits.
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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WCJC and Industry Partners Submit Comments on DHS PFAS Standards
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Wisconsin Civil Justice Council, as part of the Water Quality Coalition, recently submitted a letter and comments to the Wisconsin Department of Health Services (DHS) regarding their strict recommended groundwater standards for two PFAS chemicals, PFOA and PFOS. If promulgated as an enforceable rule, the standards would be costly to Wisconsin industry and would open up the state for frivolous lawsuits.
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| Gov. Tony Evers Signs 2019-21 State Budget |
On July 3, 2019, Gov. Tony Evers signed into law the
2019-21 state budget as 2019 Act 9. The governor used his partial-veto authority to change 78 provisions adopted by the Legislature.
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| Wisconsin Redistricting Case Dismissed Following U.S. Supreme Court Decision |
The U.S. Supreme Court recently held in
Rucho v. Common Cause
that partisan gerrymandering claims are nonjusticiable political questions. As a result, plaintiffs and defendants agreed to dismiss the redistricting case Gill v. Whitford, which challenged Wisconsin's state legislative district maps.
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SUPREME COURT
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Subtitle
Month Year |
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Wisconsin Supreme Court Accepts New Cases
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The Wisconsin Supreme Court recently accepted three new cases. Of note is Emer's Camper Corral, LLC v. Western Heritage Insurance Co. This case will decide if 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.
Specifically, the court will review whether, if Camper Corral failed to produce evidence that it could have otherwise obtained a desired policy, its insurance agent could be the cause of Camper Corral's damages.
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Wisconsin Supreme Court Rules DPI and Superintendent Must Comply With Act 21 and REINS Act
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In one of the more important cases of the 2018-19 term, the Wisconsin Supreme Court ruled on June 25 in Koschkee v. Taylor that the Department of Public Instruction and Superintendent of Public Instruction must comply with rulemaking requirements in the 2017 Regulations from the Executive In Need of Scrutiny Act (REINS Act) and 2011 Act 21. The decision overturned the 2016 case Coyne v. Walker.
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Enbridge Energy Co., Inc. v. Dane County
(Conditional Use Permit)
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In Enbridge Energy Co., Inc. v. Dane County (2019 WI 78), the Wisconsin Supreme Court held that counties may not include unenforceable permit conditions on conditional use permits.
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L.G. v. Aurora Residential Alternatives, Inc. (Compelled Arbitration)
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In L.G. v. Aurora Residential Alternatives, Inc. (2019 WI 79), the Wisconsin Supreme Court held that a circuit court's order denying a motion to compel arbitration is a final order under Wis. Stat. ยง 808.03(1), allowing the order to be appealed.
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COURT OF APPEALS
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Subtitle
Month Year |
Pranke Holding LLC v. DOT (Eminent Domain)
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In Pranke Holding LLC v. DOT (2018AP1646), the Court of Appeals District I held that a business was not due rental losses after an eminent domain taking on its property.
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Mallett v. LIRC
(Worker's Compensation)
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In Mallett v. LIRC (2017AP1601), the Court of Appeals District I held that part of a worker's compensation claim was barred by issue preclusion but directed further litigation on the plaintiff's other claims.
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Park Meadows Homes Association, Inc. v. American Family Mutual Insurance Co. (Compelled Appraisal)
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In Park Meadows Homes Association, Inc. v. American Family Mutual Insurance Co. (2018AP1484), the Court of Appeals District I held that American Family could invoke a policy's appraisal clause after litigation began and did not breach its contract or act in bad faith.
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Jossund v. Heim Plumbing, Inc. (Fraudulent Misrepresentation)
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In Jossund v. Heim Plumbing, Inc. (2018AP209), the Court of Appeals District II allowed fraudulent misrepresentation claims against US Bank to proceed because the complaint alleged misrepresentation by US Bank's agent.
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| Village of Slinger v. Polk Properties, LLC (Property Zoning & Assessment) |
In Village of Slinger v. Polk Properties, LLC (
2017AP2244
), the Court of Appeals District II held that agricultural use of a residentially zoned property was not a legal nonconforming use, so the village was entitled to recover daily forfeitures and the value of residential taxes on the land. The case arises from the same underlying facts addressed in the 2018 Supreme Court
decision
Thoma v. Village of Slinger.
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Hanning Regency LLC v. Town of Brookfield Board of Review (Property Assessment)
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In Hanning Regency LLC v. Town of Brookfield Board of Review (2018AP1584), the Court of Appeals District II held that the Town of Brookfield proceeded on an incorrect theory of law when assessing a commercial property.
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Rosneck v. LIRC (Employment Discrimination)
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In Rosneck v. LIRC (2018AP1179), the Court of Appeals District IV upheld a Labor and Industry Review Commission (LIRC) decision that the University of Wisconsin-Madison did not discriminate against employee Karen Rosneck when it declined to reclassify her position.
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| Anderson v. DFI (Due Process) |
In Anderson v. DFI (
2017AP1670
), the Court of Appeals District II held that the Department of Financial Institutions's (DFI) notice to the plaintiff regarding his liability for involvement in illegal securities transactions violated constitutional due process.
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Correa v. Wooodman's Food Market (Personal Injury)
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In Correa v. Wooodman's Food Market (2018AP1165), the Court of Appeals District I held that a plaintiff who slipped and fell in a grocery store lacked sufficient evidence to establish the store had constructive notice of the hazard.
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| July 23, 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
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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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