Please contact R.J. Pirlot or Paige Scobeeif you have any questions on these or other civil justice matters.
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Supreme Court Candidates Debate at Forum
On Nov. 19, all three candidates running in the spring Wisconsin Supreme Court election met for the first forum of the campaign. The winner of the spring election will serve a ten-year term beginning in 2020. Two candidates - Dane County Circuit Court Judge Jill Karofsky and Marquette University Law School professor Ed Fallone - are challenging incumbent Justice Daniel Kelly for the seat. Read more about the candidates.
The Wisconsin Department of Natural Resources (DNR) held a preliminary public comment period in November seeking feedback on three scope statements that would regulate PFAS chemicals at the state level. Scope statements are the first step in the Wisconsin rulemaking process.
At the hearing WCJC submitted comments on the scope statements, recommending DNR narrow their scope to provide regulatory certainty and limit liability for Wisconsin businesses.
Wisconsin Attorney General Josh Kaul has joined a coalition of states and cities seeking judicial review of the federal rules related to vehicle emissions standards.
WCJC has released its 2019 Guide to the Wisconsin Supreme Court and Judicial Evaluation, which reviews the most important cases decided by the Supreme Court of Wisconsin affecting the business community. The 2019 Judicial Evaluation covers the 2018-19 Supreme Court term.
COURT OF APPEALS
Subtitle
Month Year
Christus Lutheran Church of Appleton v. DOT (Condemnation of Property)
In Christus Lutheran Church of Appleton v. DOT (2018AP1114), the Court of Appeals District III held that when the Department of Transportation (DOT) independently decides to include additional items of compensation in a jurisdictional offer for property condemnation, DOT must obtain a new appraisal supporting the new items in the offer.
Hughes v. Allstate Indemnity Co. (Coverage Exclusion)
In Hughes v. Allstate Indemnity Co. (2019AP1234), the Court of Appeals District IV held that homeowner's insurance policy exclusions precluded coverage for water damage to the plaintiff's basement.
In Haynes v. LIRC (2018AP1581), the Court of Appeals District IV upheld a Labor & Industry Review Commission (LIRC) decision dismissing a discrimination claim.
Brenner v. National Casualty Co. (Excess Coverage)
In Brenner v. National Casualty Co. (2018AP2252), the Court of Appeals District I held that Amerisure's policy was in excess to the primary National Casualty policy covering the Milwaukee World Festival, where an injury to a contractor occurred.
Superior Water, Light & Power Co. v. London Market Insurers (Environmental Contamination Coverage)
In Superior Water, Light & Power Co. v. London Market Insurers (2018AP1926), the Court of Appeals District III found that an insurance policy's provision on coverage for environmental contamination was ambiguous.
Eagle Cove Camp & Conference Center, Inc. v. County of Oneida (Zoning)
In Eagle Cove Camp & Conference Center, Inc. v. County of Oneida (2018AP940), the Court of Appeals District III held that claim preclusion barred most of the plaintiff's claims against the County and the Town of Woodboro, and the court awarded the Town damages because the action was frivolous.
Warrington v. City of Prairie du Chien (Recreational Immunity)
In Warrington v. City of Prairie du Chien (2019AP95), the Court of Appeals District IV held that recreational immunity applied, barring parents' claim that the city was negligent in their son's drowning during a swim lesson.
Village of Mishicot v. Arseneau (Fourteenth Amendment - Selective Prosecution)
In Village of Mishicot v. Arseneau (2019AP541), the Court of Appeals District II found that the village did not violate its resident's Fourteenth Amendment rights by selectively prosecuting her for violation of a floodplain ordinance.
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