Sneak peek: The year’s top 18 court decisions are featured in the November Wisconsin Lawyer

Nov. 7, 2011 – In the November Wisconsin Lawyer, now available online and in mailboxes soon, Milwaukee attorneys Beth Ermatinger Hanan and Michael B. Brennan wrap up the year with their picks for top Wisconsin Supreme Court and Wisconsin Federal Court decisions.

Beth Ermatinger Hanan discusses the “Top 10 Wisconsin Supreme Court Decisions,” including the highly publicized case of State ex rel. Ozanne v. Fitzgerald.“ This case illustrates a range of perceived benefits and risks of invoking and accepting original-action jurisdiction. It provides substantial grist for both proponents and opponents of future publici juris cases,” Hanan writes.

And Michael B. Brennan covers federal court decisions from 2010-11 in his article, “Top 8 Recent Wisconsin Federal Court Decisions.” In it, Brennan discusses cases on issues involving the economic loss doctrine, Wisconsin quasi-contractual remedies, and risk contribution theory, among others.

Also, Madison attorney Timothy Edwards explains how a recent U.S. Supreme Court case will impact class action litigation and procedure in Wisconsin. Class members must show a “commonality” of law and fact issues to pursue a class action lawsuit. In Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), the high court discusses the commonality requirement specifically.

In his article, “Class Action Suits after Wal-Mart Inc. v. Dukes,” Edwards gives lawyers guidance on what the case means for class actions in Wisconsin, considering “Wisconsin courts often rely on federal law for guidance on class certification issues.”

“This article concludes that Dukes’s restriction on the commonality requirement creates a standard that may unnecessarily foreclose legitimate class action litigation under [Federal Rule of Civil Procedure] Rule 23 and Wisconsin law,” Edwards writes.

Kenneth Dortzbach, senior group counsel for Johnson Controls Inc., gives readers “6 Steps to Orienting New Employees” in the practice tips column, while Aaron Gary, an attorney with the Wisconsin Legislative Reference Bureau, guides readers on transferring a retail alcohol beverage license.

“In representing a client in the purchase of a business that holds a retail alcohol beverage license, attorneys must be careful to ensure that the license is appropriately transferred to the buyer and that any commitment of the buyer is contingent on proper transfer of the license,” Gary advises in “How to Buy a Liquor Store or Other Business with a Retail Alcohol Beverage License.”

Finally, don’t miss attorney Dean Dietrich’s ethics column on “Client Contacts with Adverse Parties.” Dietrich, former chair of the State Bar of Wisconsin’s Professional Ethics Committee, explains that Wisconsin attorneys should “tread carefully when responding to client requests for assistance in communicating with opposing parties who are represented by counsel,” despite a recent ABA ethics opinion.