October 9, 2020
Written and compiled by Hamilton Consulting Group
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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.
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COVID-19 Premises Liability Legislation Circulating in Wisconsin Legislature |
Sen. Chris Kapenga (R-Delafield), Rep. Mark Born (R-Beaver Dam), and Rep. Dan Knodl (R-Germantown) are circulating legislation to shield Wisconsin businesses, schools, universities, and other entities from the threat of lawsuits alleging liability for COVID-19 exposures.
Read more about the legislation here.
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Scott Dhein v. Frankenmuth Mutual Insurance Company (Indemnification) |
In Scott Dhein v. Frankenmuth Mutual Insurance Company, District II of the Wisconsin Court of Appeals reversed a summary judgement finding on multiple grounds, including finding that there is a genuine issue of material fact. Additionally, the court denied City Centre the use of the direct action statute.
Read more about the case here.
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Fond du Lac County v. Paul Meixensperger (Evictions) |
In Fond du Lac County v. Paul Meixensperger, the Wisconsin Court of Appeals ruled that Meixensperger had sufficient notice even though the complaint did not specify nonpayment of rent as a specific basis for eviction because he learned of it in the case and had an opportunity to brief it.
Read more about the case here.
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Timothy M. Casa De Calvo, Jr. v. Town of Hudson (Adverse Possession)
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In Timothy M. Casa De Calvo, Jr. v. Town of Hudson, the Wisconsin Court of Appeals upheld a circuit court decision dismissing an adverse possession claim against the Town of Hudson because the specific property was held by the Town “for highway purposes” and so not subject to adverse possession.
Read more about the case here.
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Haugen v. Northern State Bank (Negligence) |
In Haugen v. Northern State Bank, the Court of Appeals affirmed a circuit court’s order barring Haugen from a tort claim against Northern State Bank for an injury caused by an over 10 years old structural defect over.
Read more about the case here.
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Friends of the Black River Forest v. DNR (Chapter 227 Judicial Review) |
The Wisconsin Court of Appeals (District I) ruled September 15th that the the Friends of the Black River Forest alleged sufficient facts to satisfy a standing inquiry for judicial review under ch. 227
Read more about the case here.
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Daniel J. Hennessy, Jr. v. Wells Fargo Bank, N.A. (Principles of Comity) |
In Daniel J. Hennessy, Jr. v. Wells Fargo Bank, N.A., the Wisconsin Court of Appeals ruled that a Mexican court judgment applying Mexican law was valid in Wisconsin under principles of comity, a legal principle where political entities recognize each other’s judicial acts.
Read more about the case here.
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Jasen Dane Ranch, LLC v. Nelson Hardwood Lumber Company, Inc. (Punitive Damages) |
In Jasen Dane Ranch, LLC v. Nelson Hardwood Lumber Company, Inc., the Wisconsin Court of Appeals upheld a circuit court decision denying punitive damages under Wisconsin’s punitive damages statute.
Read more about the case here.
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