Civil Litigation

Caleb R. Gerbitz
The Wisconsin Supreme Court handed down decisions last month on issues involving healthcare, constitutional law, and employment issues. Read on for all the latest.
Cases Decided
Gahl v. Aurora Health Care, Inc., No. 2021AP1787-FT
Decision Filed: May 2, 2023
Public Citation: 2023 WI 35
In October of 2021, Allen Gahl, acting as power of attorney for a Covid-19 patient, petitioned the circuit court for an order compelling Aurora Health Care to administer ivermectin to the patient.
Continue Reading Wisconsin Supreme Court Update: June 2023

June 8, 2023 – U.S. Sens. Ron Johnson (R-Wis.) and Tammy Baldwin (D-Wis.) have agreed to recommend to the White House two candidates to fill vacancies on the U.S. District Court of the Eastern District of Wisconsin.The candidates are Byron Conway and Brown County Circuit Court Judge Marc Hammer.Conway, who practices personal injury law, is a shareholder with Habush Habush and Rottier in Green Bay. Hammer, who practiced in Green Bay and De Pere from 1989 to 2008, was
Continue Reading Wisconsin’s Senators Recommend Two Judicial Candidates to White House

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June 2, 2023 – A statute that requires repeat sex offenders to comply with sex offender registration requirements for life does not apply to an offender convicted of multiple convictions in the same court proceeding, the Wisconsin Supreme Court has ruled in State. Rector, 2023 WI 41 (May 23, 2023).The decision came on a 4-3 vote. Justice Jill Karofsky wrote the majority opinion, joined by Justice Ann Walsh Bradley, Justice Rebecca Dallet, and Justice Brian Hagedorn.Justice
Continue Reading Sex Offender Registration Statute Applies Only to Convictions in Separate Proceedings

June 2, 2023 – A law that extends the statute of limitations for actions seeking redress for injuries caused by sexual assault does not apply to a claim of negligent supervision of an employee who committed sexual assault, the Wisconsin Supreme Court has ruled.

In Fleming v. Amateur Athletic Union of the United States, 2023 WI 40 (May 17, 2023), the supreme court (4-3) held that the statute applies only to claims for damages caused by the sexual
Continue Reading Sex Assault Statute of Limitations Extender Doesn’t Apply to Negligent Hiring Lawsuit

June 2, 2023 – A ballot question for a constitutional amendment complies with Section XII, Article 1 of the Wisconsin Constitution if it fairly describes the actual question and is not counterfactual to the amendment itself, the Wisconsin Supreme Court has ruled.In Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission, 2023 WI 38 (May 16, 2022), the supreme court held that the statewide ballot question concerning victims’ rights – known as Marsy’s Law – which led to a
Continue Reading Victims’ Rights Ballot Measure Was Properly Submitted to Voters

June 2, 2023 – Two Wisconsin Supreme Court justices used a recent per curiam decision to engage in a debate over the supreme court’s practice of dismissing petitions as improvidently granted.In State v. Jackson, 2023 WI 37 (May 12, 2023), the supreme court dismissed as improvidently granted a petition seeking review of a Wisconsin Court of Appeals decision upholding a circuit court’s denial of post-conviction relief.
The decision came after the parties had submitted briefs and had oral argument
Continue Reading Per Curiam Decision Sparks Debate Over Dismissing Petitions

Drinking and driving is a dangerous act, and in Wisconsin, it can result in severe consequences. Those who operate motor vehicles after drinking alcohol or using drugs could potentially be pulled over and arrested, and they may be charged with the offense of Operating While Intoxicated (OWI). While a single OWI charge is serious enough, multiple arrests or convictions for drunk driving will result in more severe charges. Drivers should be aware of when they could be charged
Continue Reading Will Multiple OWI Arrests Result in Felony Charges in Wisconsin?

On May 30, 2023, General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, issued a Memorandum titled “Non-Compete Agreements that Violate the National Labor Relations Act.” In the Memorandum, Ms. Abruzzo sets forth her position and view that the “proffer, maintenance, and enforcement of [non-compete agreements] violate Section 8(a)(1) of the Act” except in limited circumstances.

Section 8(a)(1) makes it illegal for employers to interfere or restrain employee’s Section 7 rights. Section 7 of the National Labor
Continue Reading NLRB Memorandum GC23-08: ‘Non-Compete Agreements that Violate the NLRA’

May 31, 2023 – Drivers who delivered packages for Amazon in their own vehicles while using an Amazon smartphone app are employees for purposes of Wisconsin’s unemployment insurance benefits (UIB) scheme, the Wisconsin Court of Appeals has ruled.In Amazon Logistics, Inc. v. Labor and Industry Review Commission, 2022AP13 (April 6, 2023), the Court of Appeals District IV held that Amazon Logistics, Inc. (Amazon) had satisfied only five categories out of nine for determining whether a worker is an
Continue Reading Amazon Flex Drivers are Employees for Purposes of UIB Statute

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May 31, 2023 – A circuit court that orally dismissed a criminal case only to minutes later re-instate the case did not lose subject matter jurisdiction, the Wisconsin Court of Appeals has ruled.In State v. Davis, 2021 AP1526 (April 4, 2023), the Wisconsin Court of Appeals District I also held that a circuit court has the inherent authority to reconsider its rulings during an ongoing proceeding.Stolen PhoneOn Oct. 28, 2019, Rasheem Davis approached his ex-girlfriend Alicia
Continue Reading Oral Dismissal of Criminal Case Didn’t End Jurisdiction

During the warm summer months, boating is a popular activity for many Wisconsinites. However, like many other recreational activities, boating comes with some risks. There are a variety of boat accidents that can occur due to issues such as negligent operation or equipment failure, and these accidents can lead to serious injuries. Those who are injured in these situations may be able to work with an attorney to identify the parties who were responsible and pursue compensation for
Continue Reading 5 Types of Injuries That Can Occur in Wisconsin Boat Accidents

Getting a divorce can be a complicated and overwhelming process, and it will require you to address numerous financial issues and practical concerns, while also dealing with conflict with your spouse and emotional issues related to the end of your marriage. However, if you and your spouse have a high net worth, things can become even more complex. Because the decisions made during the process of dividing marital property can have a huge impact on your finances both
Continue Reading 6 Asset Categories to Address in a High Net Worth Divorce

By: GRGB Partners Christopher Strohbehn and Russell Karnes
In a recent decision by the Wisconsin Supreme Court related to property taxes for large stores, the Court stated “[w]e do not read the Manual to strictly prohibit the use of vacant properties as comparable to occupied properties. The language of ‘should avoid’ is not mandatory.”
The long-awaited decision in Lowe’s Home Centers, LLC v. City of Delavan, 2023 WI 8, will address whether big box stores can be taxed by
Continue Reading Let There Be Light: The Wisconsin Supreme Court Addresses Property Taxes for Big Box Stores

It is every student’s favorite time of the school year: Field trip season! However, for school districts across Wisconsin grappling with staffing challenges, field trips are additional areas of risk where student needs can go unmet. Such emerging needs might include accommodations for diabetes, the fastest growing chronic disease in children in the United States. On a national scale, from 2001 to 2017, the number of people under age 20 living with Type 1 diabetes increased by 45 percent.
Continue Reading Ride on the Magic School Bus: Navigating Student Needs with Staff Shortages

Caleb R. Gerbitz

It’s time for our monthly check-in on the latest civil law developments at the Wisconsin Supreme Court. In the past month, the court decided five civil cases spanning a broad array of issues including insurance law, eminent domain, and arbitration. Plus, the court granted review in a case touching on taxation and religious liberty. Read on for all the latest.
Cases Decided
Banuelos v. UW Hospitals & Clinics Authority, No. 2020AP1582


Decision Filed: April 4,
Continue Reading Wisconsin Supreme Court Update: May 2023

May 11, 2023 – A nuisance lawsuit filed against the operators of a wind farm in Brown County is barred by the statute of limitations, the Wisconsin Court of Appeals has ruled.

In Enz v. Duke Energy Renewable Services, Inc., No. 2021AP989 (April 4, 2023), the Court of Appeals District III held that the lawsuit also failed to state a legally sufficient claim.
Wind Sick
David and Rosemary Enz and Darren and Susan Ashley (the Families ) own
Continue Reading Nuisance Suit over Wind Farm Barred by Statute of Limitations