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.

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

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

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


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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

Stock Photo of a Clock on Court Files Held by Lawyer 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

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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

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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

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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

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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

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March 4, 2026 – The Wisconsin Consumer Act (WCA) allowed the defendant to remedy the claim with the individual plaintiff, preventing a class action lawsuit, a 6-1 majority of the Wisconsin Supreme Court decided in Gudex v. Franklin Collection Service, Inc., 2026 WI 6.

Reversing the Milwaukee County Circuit Court, Justice Brian K. Hagedorn for the majority wrote, “when a customer brings a class action for damages under” Wis. Stat. section 426.110(4)(c) “requires an appropriate remedy be given


Continue Reading Supreme Court: WCA ‘Appropriate Remedy’ Prevents Class Action

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Feb. 25, 2026 – An appeal challenging the constitutionality of involuntary medication to restore a defendant’s competency to stand trial gave the Wisconsin Supreme Court the opportunity to set standards of review for the
Sell factors in
State v. J.D.B., 2026 WI 5. Justice Brian K. Hagedorn, writing for the 6-1 majority, said “we independently conclude – and agree with the circuit court – that the [s]tate has an important interest in prosecuting Jared for his serious crime


Continue Reading Wisconsin Supreme Court Sets Involuntary Medication Standards of Review

stock photoFeb. 24, 2026 – Google’s scan of four files that its employee confirmed contained child sexual abuse material (CSAM) operated outside of the Fourth Amendment as a private search, the Wisconsin Supreme Court unanimously decided today in State v. Rauch Sharak, 2026 WI 4.

“Google scanned and viewed Rauch Sharak’s files on its own. It had a business reason to do so. Law enforcement became involved only after Google submitted a CyberTip,” summarized Justice Janet C. Protasiewicz, who


Continue Reading Wisconsin Supreme Court: Google was a Private Actor in File Search