Appellate

RSS Link
https-www-wisbar-org-newspublications-publishingimages-article%20images-police-car-lights-flashing-1200x630-jpg

Oct. 27, 2026 — A Milwaukee County sheriff’s deputy whose distracted driving resulted in a fatal accident has qualified immunity, the U.S. Court of Appeals for the Seventh Circuit decided in Estate of Ceaser Stinson v. Joel Streicher, No. 22-3043 (Oct. 14, 2026). It’s the first case to decide whether inattentive driving could violate substantive due process under County of Sacramento v. Lewis, 523 U.S. 833 (1998). “Officer Streicher’s distractedness — regardless of the source — was negligent,…
Continue Reading Seventh Circuit: Deputy Involved in Fatal Crash Gets Qualified Immunity

https-www-wisbar-org-newspublications-publishingimages-article%20images-appeals-court-building-1200x630-jpg

On April 9, 2026, the Court of Appeals of Wisconsin issued a decision addressing the applicability of the “Violation of Law” exclusion to injuries caused by the accidental discharge of a firearm by a minor defendant, when that defendant was criminally adjudicated for possession of a dangerous weapon by a person under 18. The Court of Appeals of Wisconsin held that the “Violation of Law” exclusion was unambiguous, and, applied to the undisputed facts, barred coverage for the plaintiff-appellants’…
Continue Reading Wisconsin Court of Appeals Applies ‘Violation of Law’ Exclusion

https-www-wisbar-org-newspublications-insidetrack-publishingimages-article%20images-wisconsin-supreme-court-fisheye-1200x630-jpg

Oct. 14, 2026 — A case against a 10-year-old charged with first-degree murder in the shooting death of his mother has raised constitutional issues of national importance.A primary question is whether the attributes of youth, as described by the U.S. Supreme Court, apply in determining whether the defendant should be tried as an adult.A nationally known public interest lawyer, Bryan Stevenson, is representing the defendant in State v. Mann-Tate. Oral arguments were Sept. 8.Seven justices will decide whether the…
Continue Reading Reverse Waiver: Supreme Court Reviews Jurisdiction for 10-Year-Old in Murder Case

The U.S. Court of Appeals for the Second Circuit (the “Court”) recently ruled that a False Claims Act (“FCA”) relator can satisfy Rule 9(b) without identifying every false claim underlying an alleged fraudulent scheme—but left open whether Rule 9(b) applies to certain reverse FCA claims at all.

In United States ex rel. Gallian v. AmerisourceBergen Corp., 2026 WL 2539817 (2d Cir. Aug. 28, 2026), the Court considered several FCA claims brought by a former reimbursement manager against her former…
Continue Reading Second Circuit Limits Rule 9(b) Pleading Requirements for Reverse False Claims Act Claims

The Wisconsin Court of Appeals last week held that a $20,000 municipal forfeiture for parking commercial trucks in a residential driveway was unconstitutionally excessive.

District 2 Judge Mark Gundrum issued the one-judge decision, overturning the sanction imposed by Lakeside Municipal Court on a city of Fond du Lac citation.

Dennis Murray appealed from the judgment finding him guilty of violating an ordinance prohibiting parking a commercial walk-in truck in a residential area.

Murray had argued at trial

…
Continue Reading Wisconsin Appeals Court Overturns $20,000 Municipal Forfeiture for Parking Commercial Trucks in Residential Area

The Indiana Court of Appeals (the “Court”) reversed a trial court’s temporary commitment order, holding the evidence did not clearly and convincingly establish the patient was gravely disabled. Although the evidence supported the patient suffered from mental illness and exhibited symptoms associated with a manic episode, the Court concluded the evidence did not demonstrate those symptoms resulted in an inability to function independently. In re Civil Commitment of E.R., No. 26A-MH-1878, 2026 WL 2427159 (Ind. Ct. App. Aug. 19, …
Continue Reading Indiana Court of Appeals Reverses Temporary Commitment Where Evidence Did Not Establish Grave Disability

https-www-wisbar-org-newspublications-publishingimages-article%20images-wisconsin-supreme-court-sign-chamber-1200x630-jpg

The Wisconsin Supreme Court opens its session with oral arguments next week, including a case concerning the constitutionality of Wisconsin’s reverse waiver statute.“Reverse waiver” is used to describe a case that begins in adult court but is later transferred to juvenile court. Under the pertinent statute, adult circuit courts exercise original jurisdiction over various homicide charges for any child alleged to have committed the crime “on or after the juvenile’s 10th birthday.” That jurisdiction can only be transferred to

…
Continue Reading Wisconsin Supreme Court Opens Term with Case of Child Charged in Adult Court

stock photo

Employers may have more flexibility to enforce neutral dress code and uniform policies, even when those policies affect employees’ display of union insignia.

On September 2, 2026, in a decision involving Starbucks’ New York Reserve Roastery, the Second Circuit rejected the NLRB’s stringent standard to workplace rules that restricts employees’ ability to display union insignia under its Tesla decision. The court concluded that the Board’s Tesla standard did not adequately balance employees’ rights with an employer’s legitimate business interests.

…
Continue Reading Can Employers Restrict Union Pins and Shirts? Lessons From the Starbucks Decision

A recent decision made by the U.S. Court of Appeals in the Fifth Circuit found that OSHA lacked congressional authorization to regulate mental health in the workplace. While the decision does not change workers’ compensation laws or standards for mental injury claims, it raises important questions for employers about how workplace mental health conditions may be evaluated under existing legal frameworks.

Understanding the Different Types of Workers’ Compensation Mental Health Claims
Mental health has a broad definition, but in

…
Continue Reading What Employers Should Know About Workers’ Compensation Mental Health Claims After the Fifth Circuit’s Exxon Decision

https-www-wisbar-org-newspublications-publishingimages-article%20images-doctor-woman-consent-1200x630-jpg

Aug. 17, 2026 – An unborn child has a right of informed consent by statute, and with it, a right to pursue legal action against a doctor, the Wisconsin Supreme Court held in Brekke v. Midwest Medical Insurance Co., 2026 WI 29.

“Charlie May Brekke was a patient under [Wis. Stat. section 448.30] before her birth. Dr. Batley had a duty to obtain informed consent from Samantha regarding herself and Charlie,” wrote Chief Justice Jill J. Karofsky…
Continue Reading Supreme Court: Statute Requires Informed Consent to Unborn Child

https-www-wisbar-org-newspublications-publishingimages-article%20images-insurance-claim-denied-law-1200x630-jpg

Aug. 17, 2026 – The dispute in Cincinnati Insurance Co. v. Ropicky, 2026 WI 25, will return to circuit court after the Wisconsin Supreme Court held that damage from rain, but not damage resulting from the construction defect, was recoverable as an “ensuing loss.”

Justice Brian K. Hagedorn, writing for the 4-3 majority, said it was adopting Arnold v. Cincinnati Insurance Co., 2004 WI App 195, because it is “more consistent with normal language: that to ensue means…
Continue Reading Supreme Court: Rain Damage, Not Construction Defect, Recoverable

https-www-wisbar-org-newspublications-publishingimages-article%20images-gavel-pills-medication-mental-health-involuntary-medication-1200x630-jpg

Aug. 17, 2026 – Whether a statutory proceeding to restore competency to trial also could authorize involuntary medication for dangerousness resulted in the Wisconsin Supreme Court holding 6-1 in State v. N.K.B., 2026 WI 22, that the proceedings are separate. The tally overstates agreement. The case became a dispute between three interpretations of the relevant statutes. “We conclude that the best way to read [Wis. stat. section 51.61(1)(g)3.] in light of [Wis. Stat. section 971.14]’s separate,…
Continue Reading Supreme Court: Competency to Stand Trial and Dangerousness Separate

The Indiana Court of Appeals (the “Court”) affirmed a trial court’s temporary commitment order, holding that a patient’s voluntary participation in treatment did not render involuntary commitment inappropriate. The Court concluded that clear and convincing evidence supported the commitment where the patient’s mental illness substantially impaired his ability to function independently and no viable, less restrictive alternative existed. In re Commitment of T.C., No. 2026 WL 2150367 (Ind. Ct. App. 2026) (unpublished).
Background
T.C., a 33-year-old man, was…
Continue Reading Indiana Court of Appeals Affirms Temporary Commitment Despite Voluntary Participation in Treatment

https-www-wisbar-org-newspublications-publishingimages-article%20images-wisconsin-supreme-court-sign-chamber-1200x630-jpg

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.

…
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

https-www-wisbar-org-newspublications-publishingimages-article%20images-jerde_jay_100x137-jpg

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