Please contact R.J. Pirlot or if you have any questions on these or other civil justice matters.
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COVID-19 Liability Update
Wisconsin Civil Justice Council and its partners continue to push for liability protections for Wisconsin businesses as they reopen amid the COVID-19 pandemic.
WSBU v. Brennan & Bartlett v. Evers (Gubernatorial Vetoes)
Released on the same day,
WSBU v. Brennan (2020 WI 69) and Bartlett v. Evers (2020 WI 68) both involve challenges to gubernatorial vetoes. The court dismissed WSBU v. Brennan but declared 3 of the 4 challenged vetoes in Bartlett v. Evers unconstitutional.
In
SEIU Local 1 v. Vos (
2020 WI 67) the Wisconsin Supreme Court upheld provisions from 2017 Wis. Act 369 and 2017 Wis. Act 370 (including legislative involvement in litigation, legislative review of proposed changes to security in the capitol, temporary suspension of administrative rules, and the codification of the non-deference doctrine from
Tetra Tech v. DOR, 2018 WI 75) as facially constitutional, with the exception of sections that attempted to give legislative control of guidance documents, which was found to be unconstitutional.
Papa v. DHS (Act 21 Explicit Authority Requirement)
In
Papa v. DHS (2020 WI 66), the Wisconsin Supreme Court ruled that DHS's practice of recouping wages from Medicaid providers for minor documentation errors fell outside the boundaries of its explicit statutory authority.
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