The Supreme Court accepted seven new cases last week. Cases of note include:
John Teske v. Wilson Mutual Insurance Co. (claim preclusion)
The Supreme Court will decide whether previous litigation related to underinsured motorist (UIM) coverage precludes the instant tort claim alleging negligence by the driver insured by Wilson. The appeals court ruled the causes of action of the UIM action and the tort action differed, so claim preclusion should not apply. Wilson appealed to the Supreme Court, seeking to dismiss the tort action.
Ann Cattau v. National Insurance Services of Wisconsin (negligence and breach of fiduciary duty)
The plaintiffs, former teachers and school administrators, claim negligence, breach of fiduciary duty, and misrepresentation against MidAmerica and NIS, which administered their retirement plans. The plans were noncompliant with federal law, and the plaintiffs ultimately owed several years of tax dollars back to the Internal Revenue Service. The plaintiffs claim they relied on MidAmerica and NIS as experts to administer a qualifying plan, and MidAmerica and NIS misrepresented the plan as federally compliant. The issues before the Supreme Court are whether the plaintiffs stated an adequate claim against defendants MidAmerica and NIS and whether the plaintiffs should be able to amend their complaint for a second time.
L.G. v. Aurora Residential Alternatives, Inc. (compelled arbitration)
The issue presented in this case is whether a circuit court’s order denying a motion to compel arbitration is a “final order” under Wis. Stat. § 808.03(1), allowing the order to be appealed.