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.
Wisconsin Supreme Court Declares Safer at Home Order Unenforceable
The Wisconsin Supreme Court has issued a 4-3 decision in Legislature v. Palm, declaring the Department of Health Services's (DHS) "Safer at Home" order unenforceable and immediately striking down the order. The court held that the Safer at Home order is a "rule" that was required to go through statutory rulemaking processes and that the order exceeds DHS's authority under Wisconsin's pandemic statutes.
Though the statewide order has been struck down, Dane County has already announced it will continue to enforce shelter-in-place guidelines. This trend might continue with other cities or counties if they have their own health departments.
U.S. Chamber Institute for Legal Reform Poll: Bipartisan Majority of Americans Support COVID-19 Liability Protections
A bipartisan majority of Americans support protecting businesses from lawsuits related to coronavirus, according to a U.S. Chamber Institute for Legal Reform (ILR) poll released earlier this month.
Wisconsin state Sen. Tom Tiffany (R-Minocqua) won the May 12 special election in Wisconsin's 7th Congressional District. Tiffany beat Democrat Tricia Zunker, president of the Wausau School Board, 57.2 to 42.8 percent. Tiffany was an instrumental author in the 2018 Wisconsin tort reform bill (Act 235) supported by WCJC.
AG Kaul Withdraws Act 21 Opinion on High Capacity Wells
On May 1, Wisconsin Attorney General Josh Kaul sent a letter to the state Department of Natural Resources (DNR) stating he has withdrawn an opinion from his predecessor interpreting 2011 Act 21's effects on DNR permitting.
AG Kaul Asks Congress to Strengthen Paycheck Protection Program, Other Multistate Actions
Wisconsin Attorney General Josh Kaul on May 6 joined a group of 24 state attorneys general asking the federal government to strengthen the Paycheck Protection Program (PPP). The AGs sent a letter to Congressional leadership highlighting concerns about implementation of the program, which provides loans to small businesses struggling due to COVID-19.
In Leitner v. LIRC (2019AP1196), the Court of Appeals District IV held that the plaintiff was ineligible for immediate unemployment benefits after voluntarily terminating her employment.
Dominion Voting Systems, Inc. v. Wisconsin Elections Commission (Voting Software Confidentiality)
In Dominion Voting Systems, Inc. v. Wisconsin Elections Commission (2019AP272), the Court of Appeals District IV held that parties reviewing voting software during a recount (in this case the Jill Stein Campaign)may disclose opinions based on review of the software.
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.
