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

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

May 9, 2023 – A Green Bay police detective failed to demonstrate that an arbitrator manifestly disregarded the law when he upheld the detective’s demotion, the Wisconsin Supreme Court has ruled.In Green Bay Professional Police Association v. City of Green Bay, 2023 WI 23 (April 27, 2023), the supreme court held (6-1) that the notice of the charges provided to the detective before he was disciplined met the procedural due process standard established by the U.S. Supreme Court.Justice…
Continue Reading Wisconsin Supreme Court Upholds Detective’s Demotion

April 21, 2023 – A lawsuit challenging a decision by the state to close a driveway failed because the statue under which the lawsuit was filed is limited to the scope of the state’s eminent domain offer, which didn’t mention the driveway, the Wisconsin Supreme Court has ruled.In DEKK Property Development, LLC v. Wisconsin Department of Transportation, 2023 WI 30 (April 18, 2023), the supreme court held that a highway construction project may include both compensable and non-compensable…
Continue Reading Challenge to Driveway Closure Fails on Procedural Grounds

 April 20, 2023 – The reducing clause in an underinsured motorist insurance policy applied to the per person liability limit and not the per accident limit, the Wisconsin Supreme Court has held (4-3) in

Acuity v. Estate of Michael Shimeta, 2023 WI 28 (April 7, 2023).Justice Jill Karofsky wrote the majority opinion, joined by Justice Ann Walsh Bradley, Justice Patience Roggensack, and Justice Rebecca Dallet.Chief Justice Annette Ziegler dissented, joined by Justice Rebecca Grassl Bradley. Justice Brian Hagedorn…
Continue Reading UIM Reducing Clause Applies only to Per Person Liability Limit

  April 19, 2023 – On April 26, the U.S. Supreme Court will hear a case out of Minnesota concerning the government’s right to a windfall when taking private property – under the Fifth Amendment’s Takings Clause – to satisfy a debt owed to the government. Following years of tax delinquency, Hennepin County foreclosed on a condo owned by Geraldine Tyler. The county then sold the condo, covering its tax deficit, and making a net surplus in the process.
Continue Reading Can the Government Retain a Surplus in Takings Cases?

April 11, 2023 – A member of two LLCs failed to state a claim for relief when he sued over an allegedly fraudulent real estate transaction to which he was not a party, the Wisconsin Supreme has held.In Pagoudis v. Keidl, 2023 WI 27 (April 4, 2023), the supreme court held (5-2) that only the LLC that was a party to the real estate contract stated legally sufficient claims.Justice Jill Karofsky wrote the majority opinion, joined by Chief…
Continue Reading Member of LLC that Purchased Property Failed to a State Claim