Author: Hamilton

ICYMI: WCJC Webinar on Wisconsin Rules of Civil Procedure

On May 5, the Wisconsin Civil Justice Council partnered with Godfrey & Kahn, S.C. to host a virtual panel discussion on Wisconsin’s rules of civil procedure. Panelists discussed recent changes to the rules that are relevant for many attorneys, including new discovery limits and mandates, rules regarding e-discovery, changes to statutes of limitation, incorporation of federal class action rules, and modifications to the timely claim payment statute.

Seventh Circuit Reverses Lead Paint Verdict, Limits the Scope of “Risk-Contribution Theory”

From 2005 to 2011, Wisconsin had a six-year window where plaintiffs could sue manufacturers of white lead carbonate (a pigment formerly used in some paints) under a tort theory known as “risk-contribution.” Under this theory, plaintiffs can seek damages from a company that produced white lead carbonate used in paint even if the plaintiff cannot demonstrate that the company produced the pigment that caused an alleged injury.

Appeals Court Rules State Can Release Records on Businesses with COVID-19 Cases

On Monday, April 5, a three-judge panel from the District IV Court of Appeals ruled against Wisconsin Manufacturers and Commerce (WMC) and in favor of Governor Tony Evers, his administration, and the media in a case involving information about businesses whose employees have contracted COVID-19. The lawsuit was filed in October 2020 in Waukesha County Circuit Court by WMC, the state’s largest business association, as well as two local chambers of commerce.

Wisconsin Supreme Court Rules Against Gov. Evers in Public Health Emergency Case, Ending Statewide Mask Mandate

On Wednesday, March 31, the Wisconsin Supreme Court issued a ruling in Jeré Fabick v. Tony Evers, holding 4-3 that the governor cannot issue successive emergency declarations on the same subject. Petitioner Jeré Fabick sought a declaratory judgement on Governor Tony Evers’ authority to issue multiple public health emergency declarations related to the COVID-19 pandemic. Justice Brian Hagedorn delivered the majority opinion, joined by Chief Justice Pat Roggensack and Justices Annette Ziegler and Rebecca Bradley. Justice Ann Walsh Bradley wrote a dissenting opinion joined by Justices Rebecca Dallet and Jill Karofsky.