Wisconsin Civil Justice Council 

Please contact R.J. Pirlot or if you have any questions on these or other civil justice matters.

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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.
 
Recent COVID-19 Lawsuits Challenge Claims of Constitutional and Statutory Authority

As policies surrounding COVID-19 prevention continue in full force, it looks like the Wisconsin Supreme Court will get two more cases challenging the authority of government officials: one touching on the governor's powers, the other the authority of a county health department.

Read more about the lawsuits here.

Former Packer Brings Racial Discrimination Class Action Against the NFL 

Najeh Davenport, a former Green Bay Packers running back, and Kevin Henry, a former Pittsburgh Steeler, are the lead plaintiffs in a class action lawsuit alleging racial discrimination in concussion settlements paid out by the National Football League.

Read more about the lawsuit here.

SUPREME COURT
Wisconsin Supreme Court Accepts Five New Cases

The Wisconsin Supreme Court recently accepted five new cases. Of note:
United America, LLC v. DOT (2018AP2383) - Nonstructural Damages in DOT Takings)
Southport Commons, LLC v. DOT (2019AP130) - Inverse Condemnation

Read more about these cases here.
COURT OF APPEALS
City of Stoughton v. Olson (Statutory Interpretation) 

In City of Stoughton v. Olson, the Wisconsin Court of Appeals upheld a circuit court decision dismissing citations leveled against a bartender and owner for allowing minors to enter a dedicated bar area within a bowling center. 
 
Read more about the case here.

Steinke v. Poppe (Duty to Report) 

In Steinke v. Poppe, the Wisconsin Court of Appeals held Poppe did not owe Steinke a duty to warn Steinke about the poor condition of his septic tank's cover or to take other action to prevent him from falling through the cover into the tank.

Read more about the case here.
 
Koenig v. Aldrich (Trespass & Private Nuisance)

In Koenig v. Aldrich, the Wisconsin Court of Appeals (District III) held that intrusion into the immediate airspace of a property counted as trespass and that an L-shaped fence did not did not constitute a nuisance pursuant to WIS. STAT. ยง 844.10 (2017-18).

Read more about the case here.
 
Wahoske v. Mills Fleet Farm LLC (Recreational Immunity) 

 
In Wahoske v. Mills Fleet Farm LLC, the Wisconsin Court of Appeals held that a hunting stand could be a "structure" for purposes of the recreational immunity statute. 

Read more about the case here.

Sep 4, 2020

Written and compiled by 

Hamilton Consulting Group

Wisconsin Civil Justice Council 
10 E. Doty Street 
Suite 500 
Madison, WI 53703
(608) 310-5312

News Clips
Politics
City, County officials brace for Trump visit to Kenosha, Wisconsin Public Radio, August 31, 2020
 


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