Whether the decisions of corporate directors are protected by the “business judgment rule” is a fact-intensive inquiry that cannot generally be resolved at the motion to dismiss stage, a state appeals court recently clarified.
A concrete salesperson told a customer, a corporation, that previous problems with the product had been cured. That wasn’t true. Recently, the Wisconsin Supreme Court ruled that the customer has a viable fraudulent misrepresentation claim.
Circuit courts can still void marriages after one spouse dies, the Wisconsin Supreme Court has ruled, meaning a petitioner can challenge a surviving spouse’s share of an estate on the grounds that the marriage should be voided.
July 26, 2013 – In Showers Appraisals LLC v. Musson Bros. Inc., the Wisconsin Supreme Court reversed the Court of Appeals in a case involving a claim of immunity by a governmental contractor.
July 25, 2013 – In the recently decided Xcel Energy Services Inc. v. Labor and Industry Review Commission and John Smoczyk, the Wisconsin Supreme Court reversed the Court of Appeals in a case involving a worker’s compensation benefits decision made by the Labor and Industry Review Commission.
July 24, 2013 – The Wisconsin Supreme Court, in Tufail v. Midwest Hospitality, 2013 WI 62 (July 10, 2013), reversed the Wisconsin Court of Appeals in a case involving a contract dispute between a landlord, Amjad T. Tufail, and tenant, Midwest Hospitality LLC (Midwest).
July 23, 2013 – In the combined July/August issue of Wisconsin Lawyer magazine, available online and in mailboxes soon, Wisconsin’s high-profile case between two high-powered law firms is the backdrop for discussions on Internet marketing and privacy.
Can minor children sue for wrongful death when a parent is killed and leaves behind an estranged spouse? The Wisconsin Court of Appeals recently bypassed the question, asking the Wisconsin Supreme Court to decide.
Although the case was “bristling with important social policy issues,” the Wisconsin Supreme Court did not decide whether minors can refuse potentially life-saving medical treatment on religious grounds because the case at hand is moot.
Private property values, business income, and local tax revenue are factors the Wisconsin Department of Natural Resources (DNR) must consider when deciding if a lake’s water level, regulated by a dam, should be allowed to rise.
July 16, 2013 – Mark your calendars for the largest gathering of lawyers in the state in 2014. The State Bar will hold its first Annual Meeting & Conference at the Grand Geneva Resort & Spa on June 26 and 27. The conference begins and ends with point/counterpoint plenary sessions, and fills the hours in between with social events and CLE opportunities.
An 18-year-old defendant pleaded guilty to attempted murder of two police officers, then moved to withdraw his guilty pleas after sentencing. Recently, the Wisconsin Supreme Court said Julius Burton cannot withdraw the pleas.
Hosting an underage drinking party just got riskier, as the Wisconsin Supreme Court recently ruled that a homeowner’s insurance policy doesn’t cover the injuries sustained by a guest who was assaulted by another guest at a party.
Traditional surrogacy agreements are enforceable in Wisconsin, under a recent decision by a Wisconsin Supreme Court, binding surrogate-biological mothers who sign such contracts but later change their minds about giving up the baby.
A woman who entered into a contingency fee agreement with two law firms, and then fired one, may owe the discharged firm contract damages even though the firm did not provide substantial services, a state appeals court has ruled.
In a case involving the death of an 11-year-old girl whose parents treated her illness with religious prayer, the state supreme court has clarified the state’s “prayer treatment exception” while upholding convictions for reckless homicide.
Whether a closely held company must pay nearly $4 million to a minority shareholder is still an open question, as the Wisconsin Supreme Court has remanded the case to determine if a stock repurchase agreement should be specifically enforced.
In a case alleging that paint containing benzene caused the death of an interior painter at Chrystler’s American Motors, a federal appeals court has upheld the use of expert testimony to explain how exposure caused the man’s leukemia.
An individual who refuses a blood alcohol test on suspicion of drunk driving has 10 days to request a “refusal hearing,” and excusable neglect is not an acceptable reason for an extension, the Wisconsin Supreme Court has clarified.