Appellate

May 22, 2024 – A Costco in the Green Bay area did not violate the Wisconsin Unfair Sales Act (WUSA) by lowering its gas prices to the non-posted prices offered by stations under a customer rewards program, the U.S. Court of Appeals for the Seventh Circuit has ruled in Pit Row, Inc. v. Costco Wholesale Corporation, No. 23-1800 (April 30, 2024).In March 2020, the owners of 12 gas stations (the Stations) in the Green Bay area sued Costco
Continue Reading Costco’s Cut in Gas Prices to Match Competitors Didn’t Violate Unfair Sales Act

May 21, 2024 – A village acted rationally when requiring a developer to commit to building an access road and perform other actions before granting a proposed land division, the U.S Court of Appeals for the Seventh Circuit has held in Greenwald Family Limited Partnership v. Village of Mukwonago, No. 21-3237 (April 29, 2024).In September 2014, the Greenwald Family Limited Partnership (the Partnership) offered to buy four acres along the eastern edge of a 19.6-acre parcel known as
Continue Reading Infrastructure Requirements for Land Split Didn’t Violate Equal Protection Clause

May 21, 2024  – A DNA profile developed from saliva on an envelope that a suspect willingly gave to a police officer was lawfully obtained, the Wisconsin Court of Appeals (District III) has ruled in State v. Vannieuwenhoven, 2022AP882 (April 30, 2024).   Barring an appeal to the Wisconsin Supreme Court, the decision marks the last chapter in a double-murder case that went unsolved for 42 years.On July 9, 1976, Ellen Mathys, age 24, and David Schuldes, age 25,
Continue Reading DNA Profile From Saliva, Obtained by A Ruse, Was Lawfully Collected

May 17, 2024 – The Wisconsin Supreme Court’s dismissal of another case – because review was improvidently granted – has sparked a new round of debate between the justices about whether such dismissals should be accompanied by an explanation.In Winnebago County v. D.E.W.,2023AP215 (May 14, 2023), the Wisconsin Supreme Court, in a per curiam decision, ruled that the review of the decision of the Wisconsin Court of Appeals should be dismissed as improvidently granted.The case involved whether Winnebago
Continue Reading Debate Over Dismissals for Improvidently Granted Petitions Continues

The business world is abuzz with the recent FTC non-compete ban. This new rule, if implemented, would significantly impact how employers and employees approach job changes. But before it takes effect, the FTC’s authority to ban non-compete agreements is being challenged in court.
Legal Showdown: Business Groups vs. FTC
The US Chamber of Commerce and other business organizations are suing the FTC, arguing the agency lacks the legal power to enact a blanket ban on non-competes. They believe
Continue Reading FTC’s Non-Compete Ban Faces Legal Challenges

May 10, 2024 – The fact that a criminal defendant’s lawyer previously presided over his preliminary hearing does not entitle the defendant to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled in Henyard v. Eplett, No. 22-3086 (April 26, 2024). In December 2016, the Kenosha County District Attorney charged Keith Henyard with eight felony drug counts.On December 28, 2016, Henyard appeared in a preliminary hearing before Court Commissioner Frank Parise. Parise practices criminal law
Continue Reading Attorney’s Multiple Representations of Defendant Not Enough for Habeas Relief

May 10, 2024 – A landlord violated the Wisconsin Consumers Act by serving an eviction notice on a tenant during a 60-day moratorium on evictions for failure to pay rent, the Wisconsin Court of Appeals (District III) has held in Koble Investments v. Marquardt, 2022AP182 (April 23, 2024).In May 2019, Elicia Marquardt signed a 12-month apartment lease with Koble Investments (Koble).On March 27, 2020, Gov. Tony Evers issued a 60-day emergency order that prohibited landlords from serving eviction
Continue Reading Eviction Notice Filed During 60-day COVID Moratorium Was Illegal

May 10, 2024 – A criminal defendant’s request for judicial substitution was timely even though it was made before the case was bound over, the Wisconsin Court of Appeals (District II) has ruled in State v. Larson, 2023AP1534 (April 24, 2024).In February 2023, the Kenosha County District Attorney charged Maria Larson and Gerald Campion with first-degree reckless homicide, as parties to a crime.The file stamp on the front of the criminal complaint listed Branch 6 Judge Angelina Gabriele.Larson
Continue Reading Request for Judicial Substitution Timely Even Though Made Before Bindover

The U.S. Court of Appeals for the Fourth Circuit has ruled in favor of Zion Williamson in his lawsuit against his former marketing agency, Prime Sports Marketing. The case primarily dealt with the North Carolina Uniform Athlete Agents Act. While most states have implemented a version of the Uniform Athlete Agents Act (including North Carolina), the laws do not come under judicial scrutiny frequently. As such, this case provides important context and guidance for athlete agents going forward. 
Continue Reading Zion Williamson Wins Appellate Case Against Former Agent

On March 15, 2024, the United States Supreme Court issued a decision in Lindke v. Freed, 601 U.S. 187 (2024), which articulates a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public official’s posts on social media are attributable to the government if (1) the official had the actual authority to speak on the government’s behalf, and (2) the official purported to speak on the government’s behalf.
Background
James
Continue Reading When is Social Media Activity by Officials Attributable to the Government?

May 3, 2024 – The Wisconsin Supreme Court has unanimously turned down a challenge to the state adoption law filed by a man who argued that the law’s requirement that an adoptive parent be married to the child’s parent violates the state and federal constitutions.Justice Rebecca Bradley wrote the opinion for the unanimous court in A.M.B. v. Circuit Court for Ashland County, 2024 WI 18 (April 30, 2024).Justice R. Bradley also wrote a concurrence, which Chief Justice Annette
Continue Reading Wisconsin Supreme Court Turns Down Constitutional Challenge to State Adoption Law

In a 5-2 decision, the Wisconsin Supreme Court rejected the due process claims of a Milwaukee police officer who was terminated after posting offensive Facebook posts about then-Milwaukee Bucks basketball player Sterling Brown.May 2, 2024 – The Wisconsin Supreme Court has rejected the due process claims of a Milwaukee police officer whose employment was terminated after he posted offensive Facebook posts about then-Milwaukee Bucks basketball player Sterling Brown.In Andrade v. City of Milwaukee Board of Fire and Police
Continue Reading Wisconsin Supreme Court Upholds Firing of Police Officer After Facebook Posts about Bucks Player

McLaughlin v. Gaslight Pointe Condominium Association, LTD
No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024)

In McLaughlin v. Gaslight Pointe Condominium Association, LTD, the Wisconsin Court of Appeals contributed to Wisconsin’s ever-growing body of caselaw examining when an insured’s intentional conduct may constitute an “occurrence” within the meaning of a CGL policy. No. 2023AP1011 (Wis. Ct. App. Apr. 17, 2024) (recommended for publication). The court also examined several exclusions commonly found in CGL policies. In brief, the facts of
Continue Reading The Wisconsin Court of Appeals’ Provides Further Guidance on the Intersection Between Volitional Acts and Occurrences

April 24, 2024 – The estate of a man who took his own life in a county jail failed to show that correctional officers were objectively unreasonable when they failed to enforce a rule that prohibits coverings that obscure views into cells, the U.S Court of Appeals for the Seventh Circuit has ruled in Estate of Gavin Wallmow v. Onedia County, No. 23-2141 (April 17, 2024).On July 4, 2021, officers with the Rhinelander Police Department arrested Gavin Wallmow
Continue Reading Failure to Enforce Rule Against Jail Cell Coverings Not Unreasonable

April 24, 2024 – Damage caused by a company’s intentional failure to repair a condominium complex can constitute an accidental “occurrence” that is covered by a commercial general liability (CGL) insurance policy, the Wisconsin Court of Appeals (District II) has held in McLaughlin v. Gaslight Pointe Condominium Association, Ltd., 2023AP1011 (April 17, 2024).In 2021, John and Nancy McLaughlin, William Faust, and Jan Kielp (Owners) bought townhouses in a Racine condominium complex owned by Gaslight Pointe Condominium Association, Ltd.
Continue Reading Intentional Conduct Can Be Covered ‘Occurrence’ Under Insurance Policy

The Wisconsin Court of Appeals (District II) has ruled in favor of Hayden Halter, a high school wrestler, in his case against the Wisconsin Interscholastic Athletic Association (WIAA). In February of 2019, Halter was suspended by the WIAA for two unsportsmanlike conduct violations issued to him during a wrestling meet. The Association’s rules then in effect specified that Halter would be suspended from the “next competitive event.”

Halter and the WIAA disagreed about which competition would constitute the “next
Continue Reading Wisconsin Interscholastic Athletic Association Loses Key Appellate Case