In US Bank NA v. Tellock, (2019AP378) the court affirmed the suppression of emotional distress evidence because damages for emotional distress were not available.
Author: Hamilton
Diamond v. Office of the Commissioner of Insurance (Insurance Intermediary Disciplinary Action)
In Diamond v. Office of the Commissioner of Insurance, (2020AP99) the court affirmed disciplinary action taken against an insurance intermediary for misleading consumers and recommending products that weren’t suitable for the consumer.
Poteete v. Wales (Jurisdiction)
In Poteete v. Wales, (2020AP741) the court dismissed an appeal on ground that the court lacked jurisdiction because the appeal had been filed after the time to appeal had already expired.
State Legislative Elections Update: Assembly Judiciary Chairperson Jim Ott Loses Re-Election Bid
State Senate Republicans have expanded their margin to 21-12 by picking up two Democrat seats (and assuming Republicans will successfully defend Senator Fitzgerald’s seat after he vacates it). Republican incumbents Sen. Pat Testin (R – Stevens Point) and Sen. Alberta Darling (R – River Hills) both won re-election and the parties split open seats with Republican Eric Wimberger beating Jonathon Hansen in a Green Bay area seat and Democrat Brad Pfaff defeating Dan Kapanke in a LaCrosse area seat. As expected, Republican Rob Stafsholt beat Democrat Patty Schachtner in her northwest Wisconsin district.
Chief Justice Roggensack Delivers the State of the Judiciary
On November 5th, Chief Justice Roggensack delivered the first ever virtual State of the Judiciary at the Annual Meeting of the Wisconsin Judicial Conference.
Wisconsin Supreme Court Declines to Immediately Take Up Capacity Limit Case
In a 4-3 decision on November 4th, the Wisconsin Supreme Court declined to bypass the court of appeals and take up the capacity limit case brought by The Mix Up and Pro-Life Wisconsin.
Sklenar v. Bennett & Roelofs Estate Sales (Small Claims)
In Sklenar v. Bennett & Roelofs Estate Sales (2019AP1717), the court affirms a small claims court decision finding that Sklenar was not entitled to the amount she originally paid for items when she hired someone to re-sell those items.
Robles v. Thomas Hribar Truck & Equipment, Inc. (Employment Discrimination)
In Robles v. Thomas Hribar Truck & Equipment, Inc. (2019AP1412), the Court reversed the circuit court’s reversal of an LIRC decision finding that Robles was fired for unprofessional conduct, and not because of discrimination.
Buehrens v. Schave (Restrictive Covenants)
In Buehrens v. Schave (2019AP1649), the Court affirmed the circuit court’s finding that the term “garage” as it was used in a residential restrictive covenant was ambiguous, and therefore couldn’t be used to restrict the free and unencumbered use of property.
Arrowhead Systems Inc. v. Grant Thornton LLP (Breach of Contract)
In Arrowhead Systems Inc. v. Grant Thornton LLP (2019AP2268), the Court affirmed summary judgement for accounting firm Grant Thornton who were being sued by Arrowhead for negligence, breach of duty, and breach of contract because Grant Thornton did not alert Arrowhead to a specific strategy that could have saved him money.