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Chief Justice Highlights Business Court in 2019 State of the Judiciary
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Public Hearing Scheduled for Proposed Wisconsin PFAS Regulations
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On Oct. 23, the Wisconsin Department of Natural Resources (DNR) Board voted to approve a preliminary public hearing and comment period on three scope statements proposing to regulate PFAS chemicals. PFAS (per- and polyfluoroalkyl substances) are man-made chemicals that are found in many everyday products, including nonstick pans, cleaning products, paints, and firefighting foam. Unnecessarily strict PFAS standards would be costly to Wisconsin industry and would open up the state for frivolous lawsuits and potentially millions of dollars in liability.
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| Multi-State Actions by AG Kaul |
Since taking office at the beginning of 2019, Wisconsin Attorney General Josh Kaul has announced the state's participation in several multistate actions covering various issues. The actions include comments challenging federal administration proposals, investigations into corporations, and multistate lawsuits and amicus briefs.
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SUPREME COURT
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Subtitle
Month Year |
| Supreme Court Oral Arguments - November 2019 |
The Wisconsin Supreme Court held oral arguments on Monday, Nov. 4 and will also hold oral arguments on Monday, Nov. 25. Cases of note address issues including recreational immunity, eminent domain and negligent procurement of an insurance policy.
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| Supreme Court Holds Oral Arguments in Second Extraordinary Session Challenge |
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| Supreme Court Accepts New Cases |
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COURT OF APPEALS
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Subtitle
Month Year |
Link v. Link (Fair Value & Corporate Misappropriation)
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In Link v. Link (2018AP1715), the Court of Appeals District III addressed fair value and corporate misappropriation claims among the owners of Link Snacks and various related entities, which sell and distribute meat products.
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| DOR v. Microsoft Corp. (Franchise Tax on Software) |
In DOR v. Microsoft Corp. (2018AP2024), the Court of Appeals District IV held that Microsoft's royalties from software sales to manufacturers outside of Wisconsin, whose products are used in Wisconsin, should not be used in calculating Microsoft's Wisconsin tax liability.
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Anderson v. Town of Newbold (Shoreline Zoning & Subdivision Authority)
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In Anderson v. Town of Newbold (2018AP547), the Court of Appeals District III held that towns may enact shoreland frontage requirements under their subdivision authority, even though state law prohibits towns from enacting those requirements under their zoning authority.
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Polk Properties, LLC v. Grota Appraisals, LLC (Claim Preclusion in Property Assessment)
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In Polk Properties, LLC v. Grota Appraisals, LLC (2018AP2296-FT), the Court of Appeals District II held that claim preclusion barred the plaintiff's negligence and misrepresentation claims against an assessor, after the Supreme Court had previously upheld the assessment challenge in a separate action.
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Sinkler v. American Family Insurance Co. (Cost of Collection)
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In Sinkler v. American Family Insurance Co. (2019AP88), the Court of Appeals District III upheld an award of $0 in attorney's fees to a worker's compensation insurer and declined to adopt a rule dividing costs of collection on a pro rata basis - in proportion to their recoveries - between the employee's and the insurer's attorneys in third-party liability actions.
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Brown v. Muskego Norway School District Group Health Plan (Worker's Compensation)
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In Brown v. Muskego Norway School District Group Health Plan (
2018AP1799
), the Court of Appeals District II held that the plaintiff was in the course of his employment when he was injured in a motorcycle accident; therefore, his health plan excluded coverage because he was eligible for worker's compensation.
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Varsity Tutors LLC v. LIRC (Worker Classification)
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In Varsity Tutors LLC v. LIRC (
2018AP1951
), the Court of Appeals District I held that a worker was an independent contractor, not an employee, of an online business connecting tutors and students.
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| November 7, 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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