Civil Litigation

April 18, 2024 – A circuit court did not err in returning a poodle to its original owner in a replevin action, the Wisconsin Court of Appeals has ruled.In Voegtline v. Bannach, 2023AP2022 (April 9, 2024), the Court of Appeals (District II) held that the circuit court’s decision was justified by original owners’ uncontroverted testimony regarding ownership and the resemblance between her dog and defendant’s dog.In 2012, Leola Voegtline bought Marley, a black-and-white toy poodle puppy for $300
Continue Reading Court of Appeals Settles Dog Ownership Dispute in Favor of Original Owner

In Muldrow v. City of St. Louis, Missouri (Docket No. 22-193), the U.S. Supreme Court was asked to decide whether a unilateral job transfer could be challenged as discrimination under Title VII, where the position had the same pay and title but changed the employee’s schedule, overtime opportunities, and other conditions of employment. In a unanimous decision, the Court held that an employee challenging a job transfer under Title VII must show that the transfer brought about some harm
Continue Reading U.S. Supreme Court Holds That A Unilateral Job Transfer Maintaining the Same Pay and Benefits Could Be Discrimination Under Title VII

April 16, 2024 – A federal law prohibits a divorce court from dividing miliary disability pay that a veteran opts to receive instead of retirement pay, the Wisconsin Count of Appeals (District II) has ruled.In a per curiam opinion, the Court of Appeals in DeWeese v. McLin, 2023AP565 (April 3, 2024) also held that the circuit court’s “purge order” involving the arrearages tied to the disability pay was erroneous.In 1997, Sherry DeWees and Timothy McLin were married in
Continue Reading Military Disability Pay Not Subject To Division in Divorce Decree

April 15, 204 – A lawsuit alleging a breach of contract warranties was barred because it was filed beyond the survival date for the warranties specified in the contract, the Wisconsin Court of Appeals (District IV) has ruled in Ripp Distributing Company, Inc. v. Ruby Distribution LLC, 2023AP778 (March 21, 2024).In May 2020, Ripp Distributing Company, Inc. (Ripp) signed a contract to buy the assets of Ruby Distribution LLC (Ruby), a water cooler distribution company.Under the contract, Ruby
Continue Reading One-year Survival Clause Bars Contract Breach Lawsuit

April 15, 2024 – An insurance policy’s exception to an exclusion of liability was ambiguous because it lacked terms of geographic limitation while related exceptions contained such terms, the Wisconsin Court of Appeals has ruled.

In Bolger v. Massachusetts Bay Insurance Company, 2022AP742 (March 26, 2024), the Court of Appeals (District III) held that because the exception was ambiguous, it must be interpreted against the insurer.In 2018, Massachusetts Bay Insurance Company (MBIC) issued a homeowner’s policy to Bret
Continue Reading Lack of Geographic Limitation Made Insurance Provision Ambiguous

April 15, 2024 – A driver’s red eyes, slow speech, and freshly lit cigarette gave a police officer reasonable suspicion to expand a traffic stop to field sobriety tests (FST), the Wisconsin Court of Appeals (District III) has ruled in an unpublished opinion in State v. Johnson, 2022AP389 (April 2, 2024)On Jan. 19, 2020, Wisconsin State Trooper Steven Wojcik was on patrol in Eau Claire County.Wojcik got a dispatch about a gray Dodge Ram pickup truck speeding and
Continue Reading Red Eyes, Slow Speech, Cigarette Enough to Justify Sobriety Test

April 12, 2024 – Resort to affidavits by a legislative fiscal analyst was appropriate to interpret an ambiguous property tax statute, the Wisconsin Court of Appeals (District II) has held.In

Wisconsin Department of Revenue v. Master’s Gallery Foods, Inc.,
2022AP1909 (March 20, 2024), the Court of Appeals held that those affidavits showed that the legislature meant to exempt from the property tax only manufacturing equipment that had been reported to local governments for assessment and not equipment that had
Continue Reading Only Locally Assessed Manufacturing Equipment Is Exempt from Tax

Posted on April 09, 2024 in College Student Representation
Disciplinary proceedings that could potentially lead to expulsion can be a daunting experience for any university student. Higher education is pivotal to pursuing many opportunities and career goals, and expulsion could threaten a person’s future. Understanding how to navigate such a situation is crucial. With legal representation from an experienced attorney, a student can defend against expulsion and ensure that his or her rights and interests are upheld
Continue Reading How Can University Students Defend Against Expulsion?

The Wisconsin Fair Dealership Law has been an integral feature of Wisconsin law, shaping the state’s economy for the past 50 years. To those protected by the law, the WFDL provides valuable security to their business operations and their employees. By contrast, the WFDL has been criticized as inefficient, vague, and protectionist by parties who are subject to the WFDL’s high cause and notice standards. With these differing views, the WFDL has been a source of extensive litigation since
Continue Reading The Wisconsin Fair Dealership Law Enters Its 50th Year: Open Issues

April 1, 2024 – A village transportation utility fee that is based in part on the proportional share of road use estimated for each property subject to the fee is an illegal tax, the Wisconsin Court of Appeals (District II) has ruled in Wisconsin Manufacturers and Commerce, Inc. v. Village of Pewaukee, 2023AP690 (March 13, 2024).In February 2021, the Village of Pewaukee (Village) enacted an ordinance that created a transportation utility. The ordinance specified that the utility was
Continue Reading Fee Based in Part On Road Use Is an Illegal Tax

April 1, 2024 – Parents who sued a school district over the district’s gender identity support policy lacked standing because they didn’t allege any concrete injury related to the policy, the U.S. Court of Appeals for the Seventh Circuit has held in Parents Protecting Our Children v. Eau Claire Area School District, No. 23-1534 (March 7, 2024).In 2021, the Eau Claire Area School District (District) created an administrative guidance for gender identity support (Guidance).The goal of the Guidance
Continue Reading Parents Who Sued School District Over Gender Policy Lacked Standing

April 1, 2024 – A Catholic high school failed to show that a city discriminated against it by denying a request to install lights at an athletic field, the U.S. Court of Appeals for the Seventh Circuit has held in Edgewood High School of the Sacred Heart v. City of Madison, No. 23-1175 (March 15, 2024).In 2013, the City of Madison (City) enacted a zoning ordinance that designated major school and medical campuses as campus institutional districts (CID).Under
Continue Reading Denial of Athletic Field Lights Not Religious Discrimination

April 1, 2024 – The fact that a physician who was sued for violating the state’s informed consent law didn’t perform the surgery that led to the plaintiff’s injuries does not entitle the physician to summary judgment, the Wisconsin Court of Appeals (District IV) has held in Hubbard v. Neuman, 2023AP255 (March 21, 2024).Surgery ConsultIn January 2018, Melissa Hubbard sought treatment with Dr. Carol Neuman, a licensed obstetrician and gynecologist.After an appointment on Jan. 16, 2018, Dr. Neuman wrote
Continue Reading Status as Non-Treating Physician Not Enough for Summary Judgment

March 29, 2024 – A decision by the state Department of Natural Resources (DNR) to regulate polyfluoroalkyl substances (PFAS) as hazardous substances is unenforceable because it wasn’t promulgated as a rule, the Wisconsin Court of Appeals (District II) has ruled (2-1) in Wisconsin Manufacturers and Commerce, Inc. v. Wisconsin Department of Natural Resources, 2022AP718 (March 6, 2024).Judge Shelley Grogan wrote the majority opinion, joined by Judge Maria Lazar. Judge Lisa Neubauer dissented.Dirty Soil?In 2018, Leather Rich, Inc. (LRI),
Continue Reading Court of Appeals: Law Required DNR to Promulgate PFAS Policy as a Rule

March 28, 2024 – An interlocutory appeal or an appeal from a final judgment or order is the preferable way to challenge a denial of a request to substitute a judge, the Wisconsin Supreme Court has ruled.In Antonio Davis v. Circuit Court for Dane County, 2024 WI 14 (March 26, 2024), the Supreme Court also held (4-2-1) that a defendant was not entitled a substitution of his trial judge where the request was made 71 days after his
Continue Reading Interlocutory Appeal Is Method For Appealing Denial of Judicial Substitution

March 27, 2024 – A decision by the Wisconsin Supreme Court in an employment case involving Amazon has renewed a debate among the justices about the wisdom of dismissing petitions as improvidently granted without an explanation.In Amazon Logistics, Inc. v. Labor and Industry Review Commission, 2024 WI 15 (March 26, 2024), the Supreme Court, in a per curiam decision, ruled that the case should be dismissed as improvidently granted.The case involved a dispute between Amazon Logistics, Inc. (Amazon)
Continue Reading Renewed Debate Over Dismissals for Improvidently Granted Petitions