Jan. 7, 2013 – An employee of Menard Inc. was considered a "permissive user" of a customer's truck while loading lumber onto it with a fork lift, meaning the customer's auto insurer must now defend and possibly indemnify Menard, a state appeals court has ruled.
A sales tax statute that has no limitations period is constitutional, a state appeals court has ruled, meaning business owner Elijah Rashaed will have to pay nearly $200,000 in back sales taxes relating to his clothing business operations.
Jan. 4, 2013 – One company sued another company, alleging two former employees took Internet marketing systems and strategies to start a competing business. Recently, a state appeals court ruled the defendant’s insurance company has a duty to defend.
In its first decision of 2013, the Wisconsin Supreme Court clarified the process for filing claims against state employees and made recommendations to avoid unnecessary litigation in the future while reversing two lower courts decisions in the case.
You’ve resolved to upgrade your personal and professional technology this year, starting with a new smartphone. So what do you choose? The January Wisconsin Lawyer, available online and in mailboxes soon, can help you decide.
Dec. 28, 2012 – An alternative dispute resolution (ADR) agreement designating the National Arbitration Forum (NAF) as arbitrator using NAF rules and procedures is unenforceable, a state appeals court has ruled, because NAF is no longer available.
Dec. 27, 2012 – The parents of a Milwaukee student who drowned on a school field trip recently lost in the U.S. Court of Appeals for the Seventh Circuit, which ruled that school administrators did not deprive the student of his life in violation of due process.
Dec. 18, 2012 – Convicted on four counts of producing child pornography, David Craig was sentenced to 50 years in prison. Since Craig was 46 when sentenced, he will likely die in prison, a de facto life sentence.
Dec. 17, 2012 – The class of Wisconsin plaintiffs fighting to keep its case against Northwestern Mutual out of federal court recently lost, as the U.S. Court of Appeals for the Seventh Circuit concluded that annuity contract issues must remain in federal court for resolution.
Dec. 14, 2012 – Larry Krueger's water softener failed after two years, causing nearly $45,000 in damages. Recently, a state appeals court ruled the economic loss doctrine does not bar a lawsuit by Krueger's home insurer against the company that manufactured the water softener.
Judgment creditors can request “supplemental proceedings” to make debtors answer for unsatisfied debts and identify property. Recently, an appeals court clarified that creditor liens still attach to property acquired subsequent to supplemental proceedings.
Dec. 12, 2012 – A business sued the state, alleging one of its agencies negligently approved a construction project that caused the business property to flood. But an appeals court recently dismissed the case on sovereign immunity grounds, because the state "is a separate legal entity from its agencies."
Dec. 11, 2012 – In two separate features devoted to church-state issues, lawyers Christopher Keleher and Kenneth Axe discuss recent Establishment Clause and "ministerial exception" cases, while attorney Patrick Nolan explains Wisconsin's law on insurance reservation-of-rights.
Dec. 10, 2012 – The steak Kevin Hansen ordered from a Texas Roadhouse restaurant wasn't supposed to have hair in it. But Hansen recently lost his appeal against the restaurant to collect tort-based damages for the illegal actions of a cook who intentionally put it there.
Dec. 7, 2012 – At its meeting today in Madison, the State Bar of Wisconsin's Board of Governors approved a new State Bar dues structure for emeritus status members and new lawyers starting in fiscal year 2014, pending approval by the Wisconsin Supreme Court.
Dec. 4, 2012 – Gustavo Montalvo returned to Wisconsin after several years to learn that his wife divorced him and sold the house they owned. He wasn't aware of these events, and he never signed the real estate documents allowing transfer of the house.
Nov. 30, 2012 – Kevin Kasten kept forgetting to clock in for work, which violated company policy. Employees who didn't punch in or out on time, despite their diligent attendance, could accumulate enough disciplinary points to be suspended or terminated.
Nov. 6, 2012 – From the economic loss doctrine to pollution exclusion clauses, two trial lawyers break down the top 21 federal and Wisconsin Supreme Court decisions of 2011-12 in the November Wisconsin Lawyer, available online and in mailboxes soon.