In Anderson v. LIRC (2020AP27), the District III Court of Appeals held that an employer was not liable for refusing to rehire an injured employee because the employee’s injuries prevented him from performing his previous job, while the employee also failed to express an interest in taking a different position with the company.
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Shannon v. Mayo Clinic Health System (Class Action Scope)
In Shannon v. Mayo Clinic Health System (2020AP1186), the District III Court of Appeals held that the circuit court erred in its refusal to amend the class definition in a class action lawsuit.
State Budget Update: Wisconsin Civil Justice Council Notches a Major Win
On May 6, the Legislature took steps to overhaul the budget put forward by Gov. Evers, which included a two-year operating budget of more than $90 billion and a long list of changes to various state laws and programs. Voting 12-4 along party lines, the Republican-led Joint Committee on Finance (JCF) approved an omnibus motion to strip more than 380 items from the budget, including the civil justice policies of concern to WCJC and our members.
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.
State Supreme Court Chooses New Chief Justice
On April 14, a majority of the seven members of the Wisconsin Supreme Court voted to select Justice Annette Ziegler as the state’s next chief justice. She assumed the office on May 1. Justice Ziegler was first elected to the court in 2007 and ran unopposed in 2017. She is the court’s third longest-serving member.
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.
Mueller v. Bull’s Eye Sports Shop (Spoliation of Evidence)
In Mueller v. Bull’s Eye Sports Shop (2020AP978), the District IV Court of Appeals upheld the circuit court’s sanction for spoliation of evidence.
Thom v. 1st Auto & Casualty Insurance Company (Auto Insurance)
In Thom v. 1st Auto & Casualty Insurance Company (2020AP285), the District IV Court of Appeals determined an insurer’s liability for a vehicle covered but not specifically described by a policy issued by that insurer.
Rave v. SVA Healthcare Services (Class Certification)
In Rave v. SVA Healthcare Services (2019AP2236), the District I Court of Appeals upheld the circuit court’s decision to certify a class in a lawsuit involving fees for medical records.
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.