After the enactment of some COVID-19 liability protections for manufacturers and health care providers in 2019 Wisconsin Act 185, WCJC and a coalition of business groups are calling for additional liability protections for Wisconsin businesses as policymakers look to reopen Wisconsin's economy. Also in this WCJC newsletter:
- Legislature challenges extension of Safer at Home Order
- Wisconsin Supreme Court rejects ACLU COVID-19 lawsuit
- AG letter on federal PFAS regulation
- Wisconsin Supreme Court April oral arguments
- Latest decisions from Wisconsin Court of Appeals
Please feel free to forward this newsletter to others who may benefit from the information it contains.
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| Wisconsin Civil Justice Council, Business Coalition Call for Additional Liability Protections to Help Reopen and Restart the Wisconsin Economy |
Wisconsin Civil Justice Council (WCJC) and a coalition of 40 Wisconsin businesses and chambers of commerce are calling for the Legislature to enact civil liability protections to help Wisconsin businesses as the state begins to reopen the economy. In the Legislature's first COVID-19 bill (
2019 Act 185
), WCJC worked with legislators to enact protections for health care workers and to take good first steps in protecting manufacturers, sellers and distributors of medical equipment to fight COVID-19. Now, WCJC and business associations are calling for additional protections for those manufacturing, selling and distributing medical equipment, as well as protections for employers seeking to keep their employees and customers safe and for persons rendering aid.
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Gov. Evers Signs Legislation with COVID-19 Liability Protections
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On April 15, Gov. Tony Evers signed into law legislation on COVID-19 that included liability protections for health care workers and a limited liability provision for manufacturers.
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| Legislature Files Legal Challenge to DHS "Safer At Home" Order Extension |
On April 16, Gov. Tony Evers directed Department of Health Services Secretary-designee Andrea Palm to extend Wisconsin's Safer at Home Order to May 26 under
Emergency Order #28
. Less than a week later, the Republican-led Wisconsin Legislature
filed a lawsuit
challenging DHS's authority to issue such an order.
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| Wisconsin Supreme Court Rejects ACLU Coronavirus Lawsuit |
The Wisconsin Supreme Court has denied the
petition
of American Civil Liberties Union of Wisconsin (ACLU) seeking removal of inmates from Wisconsin correctional facilities to address the COVID-19 pandemic. The lawsuit had argued that Wisconsin prisoners and jail inmates should be released because subjecting prisoners to a likely outbreak of COVID-19 violates the rights to be free of cruel and unusual punishment and to receive due process.
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AG Kaul Asks EPA to Strengthen PFAS Regulations
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Wisconsin Attorney General Josh Kaul on April 20 joined 17 other state attorneys general in
comments
asking the Environmental Protection Agency (EPA) to strengthen its proposed regulations on importation of PFAS products.
PFAS (per- and polyfluoroalkyl substances) are a group of thousands of man-made chemicals found in many everyday products, including nonstick pans, cleaning products, paints, and firefighting foam. The most extensively studied PFAS compounds are "long-chain" PFOA and PFOS, which have been phased out of domestic manufacturing over the past decade. Competing studies debate whether or not these chemicals have negative health effects and, if they do, at what level they are harmful.
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| Wisconsin Supreme Court Oral Arguments - April 2020 |
Several oral arguments that had been postponed in March due to COVID-19 were rescheduled for the April calendar. April oral arguments were conducted remotely and featured several high-profile cases, including cases on agency rulemaking authority and the veto power of the Wisconsin governor.
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United America, LLC v. DOT (Nonstructural Damages in DOT Takings)
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In United America, LLC v. DOT (2018AP2383), the Court of Appeals District III held that nonstructural damages to private property are not compensable when the Department of Transportation (DOT) makes a change of grade to an abutting street.
Continue reading about the case.
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| Mechanical, Inc. v. Venture Electrical Contractors, Inc. (Economic Loss Doctrine) |
In Mechanical, Inc. v. Venture Electrical Contractors, Inc. (2018AP2380), the Court of Appeals District II held the economic loss doctrine bars a negligence claim from a subcontractor against another subcontractor with whom there was no contract.
Continue reading about the case.
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| Oneida County v. Sunflower Prop II, LLC (Pier Construction Permitting) |
In Oneida County v. Sunflower Prop II, LLC (2018AP2366), the Court of Appeals District III held that Wisconsin permit exemption laws for piers under Wis. Stat. §30.12(1g)(f) preempt municipal ordinances. The court remanded to the circuit court as to whether the plaintiff's pier in this case met the § 30.12(1g)(f) requirements.
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Pennell v. American Family Mutual Insurance Co. (Jury Instructions)
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In Pennell v. American Family Mutual Insurance Co. (2019AP170), the Court of Appeals District II held that the jury in this personal injury case did not receive proper instructions on causation and pre-existing conditions and awarded the plaintiff a new trial.
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Southport Commons, LLC v. DOT (Inverse Condemnation)
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In Southport Commons, LLC v. DOT (2019AP130), the Court of Appeals District II held that claimants must file against the Department of Transportation (DOT) within three years after damage from DOT construction occurs, not after damage is discovered, according to Wis. Stat. § 88.87(2)(c).
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| Other Notable Court of Appeals Decisions |
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| April 28, 2020 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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