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Note: We are crunching Supreme Court of Wisconsin decisions down to size. The rule for this is that no justice gets more than 10 paragraphs as written in the actual decision. The “upshot” and “background” sections do not count as part of the 10 paragraphs because of their summary and necessary nature. We’ve also removed citations from the opinion for ease of. Italics indicate WJI insertions. Emphasis in the original is italicized and underlined.

Case: Wisconsin State Legislature v.

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Continue Reading The SCOW Docket: Attorney General Controls Settlement Funds

On July 6, 2026, the Supreme Court of Wisconsin held in a narrow 4-3 decision that the ‘ensuing loss’ exception to the “Construction Defect” exclusion (or “Faulty Workmanship” exclusion) contained in the policyholder-defendants’ homeowner’s insurance policy reinstated coverage for damages caused by rainwater entering the policyholder’s dwelling as a result of construction defects, regardless of whether such defects existed from the time of original construction. Cincinnati Ins. Co. v. Ropicky, 2026 WI 25. While the Court recognized and purported…
Continue Reading Wisconsin Supreme Court Holds That the Ensuing Loss Exception Reinstates Coverage for Rainwater Damage Caused by Construction Defects

July 22, 2026 – The Wisconsin Supreme Court agreed with the Wisconsin attorney general in his dispute with the Wisconsin Legislature to cont​rol settlement funds that the Wisconsin ​Department of Justice (DOJ) receives, in Wisconsin State Legislature v. Kaul, 2026 WI 28 (July 10, 2026).

“We conclude that the attorney general complies with [Wis. Stat. section 165.10] when, in accordance with the straightforward language of the statute, he deposits settlement funds into the general fund,” wrote…
Continue Reading Supreme Court: Attorney General Controls Settlement Funds

July 22, 2026 – A 65-year-old man’s appeal of a circuit court order continuing his protective placement in a nursing facility generated dissent among Wisconsin Supreme Court justices on whether the majority properly applied the standard of review in Racine County v. R.P.L., 2026 WI 26 (July 7, 2026).

The court held 4-3 in a decision authored by Justice Susan M. Crawford that under the “mixed question of fact and law” standard of review, the evidence was…
Continue Reading Supreme Court Debates Protective Placement Evidentiary Standards

July 15, 2026 – The Wisconsin Supreme Court denied a records request for Notice of Voting Eligibility (NVE) forms because a 5-2 majority interpreted the guardianship statutes as excepting the forms from a public records request in
Wisconsin Voter Alliance (WVA) v. Secord, 2026 WI 27.

“The legislature said, with limited exceptions, ‘court records pertinent to the finding of incompetency are closed,’” wrote Justice Janet C. Protasiewicz for the majority. “Thus, the [WVA] does not have a right…
Continue Reading Supreme Court: Voter Eligibility Forms Confidential

Timeshares are not for everyone.

Many people appreciate the regularity of knowing they have a block of time reserved to vacation in a specific resort each year. However, preferences change, the ability to utilize the timeshare may not be as initially advertised, and annual resort fees and maintenance costs often increase each year.

Owners often conclude the time has come to divest themselves from their timeshare interest and find themselves stuck in a contract of indefinite length.

For…
Continue Reading Wisconsin Victory Highlights Legal Tools to Fight Timeshare Exit Scams

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July 7, 2026 – Tribal sovereign immunity defeated a claim to bind real estate covenants to the Menominee Indian Tribe and its representative, a 4-3 Wisconsin Supreme Court majority held in Legend Lake Property Owners Association, Inc. v. Keshena, 2026 WI 21.

“We conclude that nothing abrogates, waives, or otherwise precludes the Tribe’s sovereign immunity in this case,” wrote Justice Susan M. Crawford for the majority. “Accordingly, we affirm the circuit court’s judgment of dismissal.”

Chief Justice…
Continue Reading Wisconsin Supreme Court: Sovereign Immunity Stops Covenant Enforcement

Stock Photo of a Clock on Court Files Held by Lawyer July 7, 2026 – The lack of an examiner’s required written report no later than 48 hours before the final involuntary civil commitment hearing “did not deprive the circuit court of competency to proceed,” a unanimous Wisconsin Supreme Court held in

Outagamie County v. M.J.B., 2026 WI 23. “Although this time limit protects important interests,” wrote Justice Susan M. Crawford, “nothing in the statutory scheme suggests that the legislature intended that failing to make the examiners’ reports accessible…
Continue Reading Supreme Court: 48-Hour Rule Didn’t Affect Circuit Court Competency

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July 7, 2026 – A 2023 civil commitment order had sufficient evidence to support it beyond the alleged hearsay, and collateral consequences made the issue suitable for resolution, a 5-2 majority of the Wisconsin Supreme Court decided in Waukesha County v. R.D.T., 2026 WI 24.

“We hold that Ryden’s appeal is not moot,” wrote Justice Rebecca Frank Dallet for the majority. “We further conclude that the order should not be vacated because, even if the circuit court erred,…
Continue Reading Supreme Court: Recommitment Hearing Hearsay Only Harmless Error

Note: We are crunching Supreme Court of Wisconsin decisions down to size. The rule for this is that no justice gets more than 10 paragraphs as written in the actual decision. The “upshot” and “background” sections do not count as part of the 10 paragraphs because of their summary and necessary nature. We’ve also removed citations from the opinion for ease of reading but have linked to important cases cited or information about them. Italics indicate WJI insertions except

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Continue Reading The SCOW docket: Court strikes down education grant program for minority students

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June 19, 2026 – A state program designed to encourage retention of minority students in private and technical colleges failed strict scrutiny under recent U.S. Supreme Court precedent, the Wisconsin Supreme Court decided in Rabiebna v. Higher Educational Aids Board (HEAB), 2026 WI 20 (June 18, 2026).

“We hold that [the] HEAB has failed to demonstrate that the legislature’s goals of increasing diversity and equalizing educational opportunities for certain students are compelling in this instance,” wrote Justice Annette…
Continue Reading Wisconsin Supreme Court: Minority Grant Program Unconstitutional

June 16, 2026 – The Wisconsin Consumer Act (WCA) didn’t apply to a residential lease dispute, the Wisconsin Supreme Court held, reversing the court of appeals in Koble Investments v. Marquardt, 2026 WI 19 (June 5, 2026).

Six members joined the majority opinion written by Justice Rebecca Grassl Bradley, who concluded “Wis. Stat. § 427.104 does not govern a residential lease under which rent is payable on a monthly basis because it is not an ‘agreement to…
Continue Reading Wisconsin Supreme Court: Consumer Act Didn’t Apply to Lease

A Dane County judge heard arguments in early June in a case that could expand absentee voting options for thousands of Wisconsin voters with print disabilities.

At the heart of the dispute is whether voters who cannot independently read or mark a paper ballot must reveal their choices to another person to vote absentee.

Disability Rights Wisconsin, the League of Women Voters of Wisconsin, and four Wisconsin voters brought the case against the Wisconsin Elections Commission.

The case, assigned

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Continue Reading Judge Hears Arguments in Disabled Voters’ Challenge to Wisconsin’s Absentee Voting System

“The law does not allow a tenant to occupy premises rent-free simply because the lease is void and unenforceable.”

(Justice Rebecca Bradley, writing for the majority in  Koble Investments v. Marquardt, 2026 WI 19, ¶ 28.)

On Friday, June 5, 2026, the Wisconsin Supreme Court (hereinafter “Court”) issued its opinion in the case of Koble Investments v. Elicia Marquardt, et al.[i]. The case had been pending before the Court since May 2024, after the District III Court…
Continue Reading Wisconsin Supreme Court Hands Landlords a Win in Koble Investments v. Marquardt

On June 5, 2026, the Wisconsin Supreme Court issued its decision in Koble Investments v. Marquardt, 2026 WI 19, reversing a court of appeals ruling that had unsettled residential landlord-tenant law across the state. The Court of Appeals originally held that a residential lease is a “consumer transaction” subject to the Wisconsin Consumer Act (“WCA”) debt-collection prohibitions and that the lease was void and unenforceable under Wis. Stat. § 704.44(10) and Wis. Admin Code § ATCP 134.08(10), exposing landlords…
Continue Reading Wisconsin Supreme Court Confirms the Consumer Act Does Not Govern Residential Leases

For a brief period in Wisconsin, owning rental housing carried significant legal risk. After the Court of Appeals decision in Koble Investments v. Marquardt, litigation spread across the state. In more than 60 cases, tenants invoked Koble, and class actions followed. What began as a single appellate decision quickly became a statewide liability issue for landlords.

The Wisconsin Supreme Court’s reversal did more than correct an error. It halted a cascade that was already affecting the housing market.
Continue Reading Wisconsin Supreme Court Restores Balance in Landmark Koble Housing Case