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.
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Mohns v. BMO Harris Bank (Discovery Violations)
In Mohns v. BMO Harris Bank (2018AP71), the Wisconsin Supreme Court held that the circuit court was within its discretion to impose judgement on liability, including for intentional misrepresentation, as a sanction for discovery violations.
Clark v. League of Wisconsin Municipalities Mutual Insurance Company (Notice of Claim)
In Clark v. League of Wisconsin Municipalities Mutual Insurance Company (2019AP954 and 2019AP1489), the District II Court of Appeals held that a claim may still be able to proceed even though the plaintiff failed to provide formal notice as required by Wis. Stat. § 893.80(1d)(a).
Great Lakes Excavating v. Dollar Tree Stores (Construction Lien Waiver)
In Great Lakes Excavating v. Dollar Tree Stores (2019AP2095), the District I Court of Appeals held that an improperly limited lien waiver that did not comply with Wis. Stat. § 779.05(1) constituted a full waiver of lien rights.
Cincinnati Insurance Company v. Ropicky (Insurance Claim Investigation)
In Cincinnati Insurance Company v. Ropicky (2020AP791), the District II Court of Appeals held that an agent acting on behalf of an insurer to conduct a post-loss claim investigation was not exempt from liability for negligence.
Gamini v. Quartz Health Benefit Plans Corporation (Health Insurance Claim Denial)
In Gamini v. Quartz Health Benefit Plans Corporation (2020AP1442), the District IV Court of Appeals upheld a health insurer’s denial of an insurance claim.
V&J Employment Services v. Liberty Mutual Insurance Company (Employee Benefits Liability Coverage)
In V&J Employment Services v. Liberty Mutual Insurance Company (2019AP2415), the District I Court of Appeals held that a company’s commercial insurance policy, including employee benefits liability coverage, did not provide for defense or indemnification against lawsuits involving wage claims.
Kennedy v. Gander (Medical Malpractice)
In Kennedy v. Gander (2020AP218), the District IV Court of Appeals held that a lawsuit against a nonprovider employee of a health care provider could not proceed because the employer was not a party to the suit.
Governor Evers Signs Bill Including COVID Liability Protections for Businesses and Other Entities
On Thursday, February 25, Governor Tony Evers signed 2021 Act 4, legislation including both COVID liability protections and reforms to the state’s Unemployment Insurance (UI) system. The bill cleared the Legislature with widespread support, passing the Senate by 27-3 on February 18 and the Assembly by 89-0 on February 23. Senate President Chris Kapenga (R-Delafield), Senate Majority Leader Devin LeMahieu (R-Oostburg), Assembly Speaker Robin Vos (R-Rochester), and Representative Mark Born (R-Beaver Dam), in particular, championed the liability protections in the Legislature.
Concerning Civil Liability Policies Included in Gov. Evers’ 2021-23 Budget
On Tuesday, February 16, Governor Tony Evers gave his second biennial budget address and released his 2021-23 executive budget. All told, the governor proposes an operating budget of $45.4 billion in fiscal year (FY) 2021-22 and $45.6 billion in FY 2022-23. On the civil justice front, the governor’s budget includes several proposals of concern to the WCJC and its members.