WisBar Court Review

WisBar Court Review, published by the State Bar of Wisconsin, includes summaries and analysis of decisions from the Wisconsin Supreme Court, the Wisconsin Court of Appeals, and the U.S. Court of Appeals for the Seventh Circuit, as well as other court developments.

Subscribe via RSS
Visit Blog
By: State Bar of Wisconsin​

Blog Authors

State Bar of Wisconsin
David W. Runke And Timothy M. Barber
Jay D. Jerde
Aaron Earlywine
Joe Forward
Joe Forward
Jeff M. Brown

Latest from WisBar Court Review

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

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

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

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

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

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

https-www-wisbar-org-newspublications-publishingimages-article%20images-trees-lake-water-blur-1200x630-jpg

​

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

https-www-wisbar-org-newspublications-publishingimages-article%20images-documents-file-folder-time-clock-preparation-1200x630-jpg

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

https-www-wisbar-org-newspublications-publishingimages-article%20images-mental-hospital-hall-1200x630-jpg

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

https-www-wisbar-org-newspublications-publishingimages-article%20images-student-loans-graduation-money-1200x630-jpg

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

June 5, 2026 – A City of Milwaukee election official wanted to show it’s easy to fraudulently obtain absentee military ballots.

In succeeding, she committed election fraud, the District I Wisconsin Court of Appeals affirmed in State v. Zapata, No. 2025AP425-CR (May 12, 2026).

“We conclude that Wis. Stat. § 12.13(3)(i) prohibits making false statements for the purpose of actually or constructively obtaining an absentee ballot, and [Kimberly D.] Zapata constructively obtained the ballots she requested,” wrote…
Continue Reading Wisconsin Court of Appeals: Intent Didn’t Prevent Election Fraud

April 28, 2026 – The asbestos dust that a steamfitter breathed, causing mesothelioma, resulted in safe-place statute liability for Pabst Brewing Co., a 5-2 majority of the Wisconsin Supreme Court decided recently in

Estate of Carol Lorbiecki v. Pabst Brewing Co., 2026 WI 12.

“As the owner of the brewery, Pabst owed a non-delegable duty under the safe-place statute to frequenters on the premises, a category that includes employees of independent contractors like Lorbiecki,” Justice Rebecca Frank…
Continue Reading Wisconsin Supreme Court: Asbestos Created Safe-Place Statute Liability

https-www-wisbar-org-newspublications-publishingimages-article%20images-covid-19-pandemic-facemask-healthcare-gavel-justice-court-medical-1200x630-jpg

April 22, 2026 – A statute immunizing health care professionals during the COVID-19 state of emergency did not violate the constitutional right to a jury trial, a unanimous Wisconsin Supreme Court recently ruled in
Wren v. Columbia St. Mary’s Hospital Milwaukee, Inc. (2026 WI 11), barring a medical malpractice lawsuit from a stillborn childbirth. Because the Wisconsin Constitution “empowers the [L]egislature to alter or suspend particular common law causes of action,” the immunity statute suspended Savannah Wren’s

…
Continue Reading Wisconsin Supreme Court: Pandemic Doctor Immunity Statute Constitutional

https-www-wisbar-org-newspublications-insidetrack-publishingimages-article%20images-school-trouble-teenager-child-police-questions-therapist-counselor-1200x630-jpg

April 7, 2026 – A 12-year-old student deserved
Miranda protection for questioning in the tiny school resource officer’s (SRO) office and at an in-school suspension desk, a 4-3 Wisconsin Supreme Court majority held in

State v. K.R.C., 2026 WI 10. But everyone on the Supreme Court affirmed the circuit court’s finding of delinquency. The majority said it was harmless error. Other testimony sufficiently supported delinquency for fourth-degree sexual assault. “In sum, the [SRO’s] testimony about Kevin’s statements was

…
Continue Reading Wisconsin Supreme Court: Student in Custody at School, but Error Harmless