November 12, 2020
Written and compiled by Hamilton Consulting Group
|
|
Please contact R.J. Pirlot or 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.
|
|
State Legislative Elections Update: Assembly Judiciary Chairperson Jim Ott Loses Re-Election Bid |
State Senate Republicans have expanded their margin to 21-12 by picking up two Democrat seats (and assuming Republicans will successfully defend Senator Fitzgerald’s seat after he vacates it). Republican incumbents Sen. Pat Testin (R – Stevens Point) and Sen. Alberta Darling (R – River Hills) both won re-election and the parties split open seats with Republican Eric Wimberger beating Jonathon Hansen in a Green Bay area seat and Democrat Brad Pfaff defeating Dan Kapanke in a LaCrosse area seat. As expected, Republican Rob Stafsholt beat Democrat Patty Schachtner in her northwest Wisconsin district.
Read more elections updates here.
|
|
Chief Justice Roggensack Delivers the State of the Judiciary
|
On November 5th, Chief Justice Roggensack delivered the first ever virtual State of the Judiciary at the Annual Meeting of the Wisconsin Judicial Conference.
Read more about the speech here.
|
|
Rural Mutual Insurance Co. v. Kuhn North American, Inc. (Failure to Meet Ordered Deadline)
|
In Rural Mutual Insurance Co. v. Kuhn North American, Inc., the Court affirmed a decision of summary judgement against Rural after they had failed to meet the deadline for disclosing lay witnesses.
Read more about the decision here.
|
|
Nelson v. Loessin (Third Party Enjoinment)
|
In Nelson v. Loessin, the Court allowed involuntary plaintiff’s to remove themselves from the case because they were not currently bringing any claims against the defendant.
Read more about the case here.
|
|
Ebert v. Village of Gresham (Statutory Notice Requirement)
|
In Ebert v. Village of Gresham, the Court affirmed a circuit court dismissal of a trespass claim that failed to timely comply with the a notice of claim statute.
Read more about the case here.
|
|
Loren Imhoff Homebuilder, Inc. v. Taylor (Arbitration)
|
In Loren Imhoff Homebuilder, Inc. v. Taylor (2019AP002205), an arbitrator fell asleep during an evidentiary hearing so the circuit court vacated his final decision, the court of appeals reversed.
Read more about the case here.
|
|
Jones Sign Co. v. Consensus Consulting & Construction, Inc. (Forum Selection Clause)
|
In Jones Sign Co. v. Consensus Consulting & Construction, Inc., the Court of Appeals gave a per curiam opinion which upheld a forum selection clause in a contract.
Read more about the decision here.
|
|
Arrowhead Systems Inc. v. Grant Thornton LLP (Breach of Contract)
|
In Arrowhead Systems Inc. v. Grant Thornton LLP, the Court affirmed summary judgement for accounting firm Grant Thornton who were being sued by Arrowhead for negligence, breach of duty, and breach of contract because Grant Thornton did not alert Arrowhead to a specific strategy that could have saved him money.
Read more about the case here.
|
|
Buehrens v. Schave (Restrictive Covenants)
|
In Buehrens v. Schave, the Court affirmed the circuit court’s finding that the term “garage” as it was used in a residential restrictive covenant was ambiguous, and therefore couldn’t be used to restrict the free and unencumbered use of property.
Read more about the case here.
|
|
Robles v. Thomas Hribar Truck & Equipment, Inc. (Employment Discrimination)
|
In Robles v. Thomas Hribar Truck & Equipment, Inc., the Court reversed the circuit court’s reversal of an LIRC decision finding that Robles was fired for unprofessional conduct, and not because of discrimination.
Read more about the case here.
|
|
Sklenar v. Bennett & Roelofs Estate Sales (Small Claims)
|
In Sklenar v. Bennett & Roelofs Estate Sales, the court affirmed a small claims court decision finding that Sklenar was not entitled to the amount she originally paid for items when she hired someone to re-sell those items.
Read more about the decision here.
|
|
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. |
|
|
|
|
|
|
|
|
