Please contact R.J. Pirlot or Paige Scobeeif 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.
U.S. Chamber Institute for Legal Reform Brief Examines COVID-19 & Public Nuisance Lawsuits
The U.S. Chamber Institute for Legal Reform (ILR) recently released a new brief examining the potential for plaintiff attorneys to use creative "public nuisance" theories to seek damages against businesses for COVID-19.
Wisconsin Legislative Council recently released an issue paper overviewing employer liability for employees diagnosed with COVID-19 after returning to work. The paper explains that Wisconsin's Worker's Compensation Act provides that employee injuries sustained from an illness or infection are coverable by Worker's Compensation, but employees must prove they became ill in the course of their employment.
To protect employers from civil claims filed outside of the Worker's Compensation system, Wisconsin Civil Justice Council, Wisconsin Manufacturers & Commerce, the Wisconsin Chapter of the National Federation of Independent Business, and other business associations are seeking COVID-19 liability protections for Wisconsin businesses as the state continues its economic restart. Read more about efforts to enact state level liability protections at https://www.wisciviljusticecouncil.org/.
PFAS Update: AG Kaul Leads Coalition Supporting EPA Regulation, WI PFAS Action Council Meets
Wisconsin Attorney General Josh Kaul recently led a 22-state coalition urging the federal Environmental Protection Agency (EPA) to regulate PFAS chemicals.
At the state level, Wisconsin's Department of Natural Resources (DNR) is in early stages of promulgating rules that would regulate PFOA and PFOS. Meanwhile, DNR, as directed by the governor in Executive Order #40, is leading a group of Wisconsin state agency officials (Wisconsin PFAS Action Council, or WisPAC) as they prepare to present a state PFAS action plan to the governor and legislature.
AG Kaul Joins Coalitions on Net Metering Petition, Generic Drug Investigation
In addition to recent multistate comments filed on PFAS chemicals, Wisconsin Attorney General Josh Kaul recently joined a multistate coalition supporting state net metering programs and a coalition filing an antitrust lawsuit against generic drug manufacturers.
Supreme Court Accepts Municipal Shoreline Zoning Authority Case
On June 22, the Wisconsin Supreme Court accepted three new cases. In addition to two criminal cases, the court accepted Anderson v. Town of Newbold, which will determine whether municipalities can enact shoreline frontage requirements under their subdivision authority, notwithstanding statewide zoning authority requirements in statute.
Quick Charge Kiosk, LLC v. Josh Kaul (Gambling Statutes)
In
Quick Charge Kiosk, LLC v. Josh Kaul (
2020 WI 54), a unanimous Wisconsin Supreme Court held that gaming and cell phone charging machines operated by Quick Charge violate Wisconsin gambling statutes.
Hartland Sportsmen's Club, Inc. v. City of Delafield (Conditional Use Permit)
In Hartland Sportsmen's Club, Inc. v. City of Delafield (2019AP740), the Court of Appeals District II upheld a conditional use permit for a sport shooting range in Delafield. The court held that municipalities do not have authority to revisit a previously denied permit when a court has invalidated the denial on a factual basis.
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