Civil Case Decisions1
1. Lamar Central Outdoor LLC v. Wisconsin Division of Hearings and Appeals, 2019 WI 109 (Dec. 19, 2019).
HOLDING: When an administrative agency wants to revise its interpretation of an ambiguous statute, it must engage in the formal rulemaking process.
VOTE: 7-0. KELLY (unanimous opinion). No separate writings.
WISBAR SUMMARY: New Stance on Highway Billboard Required Rulemaking, Supreme Court Says (Dec. 20, 2010)
2. Wren v. Richardson, 2019 WI 110 (Dec. 26, 2019).
HOLDINGS: 1) The state established the elements of laches as a defense to the petitioner’s habeas corpus petition. 2) The court of appeals appropriately exercised its discretion in applying laches in this case.
VOTE: 4-3. HAGEDORN (majority opinion), joined by ROGGENSACK, ZIEGLER and KELLY.
A.W. BRADLEY (dissenting opinion), joined by R. BRADLEY, and DALLET.
3. Hinrichs v. The Dow Chemical Company, 2020 WI 2 (Jan. 9, 2020).
HOLDING: The economic loss doctrine bars the plaintiff’s common-law claims, but his claim of misrepresentation under Wis. Stat. section 100.18 was properly pleaded.
VOTE: 4-1. ANN WALSH BRADLEY (majority opinion), joined by ROGGENSACK, ZIEGLER, DALLET, and R. BRADLEY (Parts I, II, and III).
R. BRADLEY (concurring in part and dissenting in part).
KELLY and HAGEDORN (did not participate).
WISBAR SUMMARY: Supreme Court Addresses Economic Loss Doctrine in Case by Jeetops Maker (Jan. 10, 2020)
4. Veritas Steel LLC v. Lunda Construction Co., 2020 WI 3 (Jan. 15, 2020).
HOLDING: Successor liability rules barred claims brought by an unsecured creditor; the plaintiff waived its “fraudulent transfer” argument by not raising it before the court of appeals.
VOTE: 7-0. DALLET (majority opinion).
ROGGENSACK (concurring opinion).
5. Mueller v. TL90108, LLC, 2020 WI 7 (Feb. 4, 2020).
HOLDING: A claim for replevin based on wrongful detention accrues when the subsequent purchaser obtains the property; no demand is necessary.
VOTE: 6-0. HAGEDORN (majority opinion).
DALLET (did not participate).
WISBAR SUMMARY: Supreme Court: Statutes of Repose Do No Bar Replevin Action for Stolen 1938 Vehicle (Feb. 7, 2020)
6. Marathon County v. D.K., 2020 WI 8 (Feb. 4, 2020).
HOLDING: 1) Although it expired in 2017, respondent D.K.’s mental commitment is not a moot issue. 2) There was clear and convincing evidence at the final hearing that D.K. was dangerous as defined by Wis. Stat. section 51.20 (1)(a)2.b.
VOTE: 5-2. ZIEGLER (majority opinion): Parts I., II., III., IV.A., IV.B., and IV.C.1, joined by ROGGENSACK, R. BRADLEY, KELLY, and HAGEDORN.
ZIEGLER (majority opinion): Part V., joined by ROGGENSACK, KELLY and HAGEDORN.
ZIEGLER (opinion): Parts IV.C.2., and IV.D., joined by ROGGENSACK, and HAGEDORN.
R. BRADLEY (concurring opinion), joined by KELLY.
DALLET (dissenting opinion), joined by A.W. BRADLEY.
7. City of Cedarburg v. Hansen, 2020 WI 11 (Feb. 11, 2020).
HOLDING: 1) The municipal court had subject-matter jurisdiction to adjudicate an operating while intoxicated (OWI) case even though the defendant had a prior OWI conviction. 2) The defendant forfeited any objection to the municipal court’s competence to adjudicate the case.
VOTE: 4-3. ROGGENSACK (majority opinion), joined by ZIEGLER, R. BRADLEY and KELLY.
KELLY (concurring opinion), joined by R. BRADLEY.
HAGEDORN (dissenting opinion), joined by A.W. BRADLEY and DALLET.
WISBAR SUMMARY: State Supreme Court Rejects Jurisdictional Challenge in OWI Case (Feb. 12, 2020)
8. Choinsky v. Employers Ins. Co. of Wausau, 2020 WI 13 (Feb. 13, 2020).
HOLDINGS: An insurer did not breach its duty to defend because it followed a judicially approved method to resolve a coverage dispute; the court also rejected arguments related to delayed payment of attorney fees and the four-corners rule.
VOTE: 5-1. R. BRADLEY (majority opinion), joined by ROGGENSACK, A.W. BRADLEY, ZIEGLER, and DALLET.
KELLY (dissenting opinion).
HAGEDORN (did not participate).
WISBAR SUMMARY: Insurer Did Not Breach Duty to Defend, Followed Judicially Preferred Procedures (Feb. 25, 2020)
9. Town of Wilson v. City of Sheboygan, 2020 WI 16 (Feb. 14, 2020).
HOLDING: A city properly annexed land for purposes of creating a golf course that a town opposed.
VOTE: 7-0. DALLET (majority opinion, unanimous): Parts I., III.C., and III.D.
DALLET (majority opinion): Parts II., III.A., III.B., and IV., joined by ROGGENSACK, A.W. BRADLEY, ZIEGLER, and HAGEDORN.
R. BRADLEY (concurring opinion), joined by KELLY.
HAGEDORN (concurring opinion).
10. DSG Evergreen Family Ltd. Partnership v. Town of Perry, 2020 WI 23 (Feb. 27, 2020.
HOLDING: Claim preclusion did not bar a declaratory judgment action brought by a landowner against a town following an eminent domain trial; however, the landowner did not have a private cause of action against the town relating to the later road construction, and the matter was not ripe for a declaratory judgment.
VOTE: 7-0. KELLY (unanimous opinion). No separate writings.
WISBAR SUMMARY: Private Landowner’s Road Claim Not Barred in Eminent Domain Dispute (Feb. 27, 2020).
11. Lang v. Lions Club of Cudahy Wisconsin Inc., 2020 WI 25 (March 5, 2020)
HOLDING: The defendant was entitled to summary judgment based on recreational immunity.
VOTE: 4-3. ROGGENSACK, C.J., announced the mandate of the Court, and delivered an opinion, joined by ZIEGLER.
R. BRADLEY (concurring opinion) joined by KELLY.
DALLET (dissenting opinion) joined by A.W. BRADLEY
HAGEDORN (dissenting opinion).
12. Piper v. Jones Dairy Farm, 2020 WI 28 (March 19, 2020).
HOLDING: 1) Under Wisconsin law, compensation for donning and doffing cannot be modified or eliminated through collective bargaining. 2) The time employees spent donning and doffing was not de minimis. 3) The circuit court erred when it summarily dismissed the employer’s equitable defenses.
VOTE: 4-3. DALLET delivered the majority opinion of the Court, joined by A.W. BRADLEY, KELLY, and HAGEDORN.
ZIEGLER (dissenting opinion), joined by ROGGENSACK.
R. BRADLEY (dissenting opinion)
13. Winnebago County v. C.S., 2020 WI 33 (April 10, 2020).
HOLDING: Involuntary medication orders issued for state prison inmate under statutes that did not require a finding of dangerousness were unconstitutional.
VOTE: 4-3. ZIEGLER (majority opinion), joined by A.W. BRADLEY, KELLY, and DALLET.
R. BRADLEY (dissenting opinion).
HAGEDORN (dissenting opinion), joined by ROGGENSACK.
14. Pulkkila v. Pukkila, 2020 WI 34 (April 14, 2020).
HOLDING: 1) The marital settlement agreement in this case did not establish the exclusive remedy for breach of a life insurance provision contained therein. 2) Because the circuit court did not make findings that would support imposition of a constructive trust, the court of appeals erroneously imposed a constructive trust on the life insurance proceeds.
VOTE: 4-1. A.W. BRADLEY (majority opinion), joined by ROGGENSACK, ZIEGLER, and KELLY.
R. BRADLEY (dissenting opinion).
DALLET and HAGEDORN (did not participate).
WISBAR SUMMARY: Constructive Trust Could Be Remedy for Divorce Agreement Breach on Life Insurance Proceeds (April 20, 2020).
15. Barney v. Mickelson, 2020 WI 40 (April 24, 2020).
HOLDING: The circuit court properly read the alternative-methods instruction to the jury.
VOTE: 7-0. DALLET (unanimous opinion). No separate writings.
WISBAR SUMMARY: Supreme Court Upholds Jury Verdict in Medical Malpractice Case (April 27, 2020).
16. Langlade County v. D. J. W., 2020 WI 41 (April 24, 2020).
HOLDING: Circuit courts are required to make specific findings in recommitment hearings, and the record in this case did not support a finding of “dangerousness.”
VOTE: 5-2. A.W. BRADLEY (majority opinion), joined by ZIEGLER, KELLY, DALLET, and HAGEDORN.
ROGGENSACK (dissenting opinion).
R. BRADLEY (dissenting opinion).
17. Wisconsin Legislature v. Palm, 2020 WI 42 (May 13, 2020).
HOLDING: Department of Health Services (DHS) Secretary-Designee Andrea Palm’s Emergency Order 28, also known as the “Safer at Home Order,” was unlawful, invalid, and unenforceable.
VOTE: 4-3. ROGGENSACK (majority opinion), joined by ZIEGLER, R. BRADLEY, and KELLY.
ROGGENSACK (concurring opinion).
R. BRADLEY (concurring opinion), joined by KELLY.
KELLY (concurring opinion), joined by R. BRADLEY.
A.W. BRADLEY (dissenting opinion), joined by DALLET.
DALLET (dissenting opinion), joined by A.W. BRADLEY.
HAGEDORN (dissenting opinion), joined by A.W. BRADLEY, and DALLET (¶¶198-258).
WISBAR SUMMARY: In 4-3 Decision, Wisconsin Supreme Court Blocks Statewide Safe-at-Home Order (May 14, 2020)
18. Correa v. Woodman’s Food Market, 2020 WI 43 (May 19, 2020)
HOLDING: For the purpose of applying the safe-place statute, there was sufficient evidence to show the store had constructive notice of an unsafe condition.
VOTE: 6-0. KELLY (unanimous opinion). No separate writings.
A.W. BRADLEY (withdrew from participation).
19. Emer’s Camper Corral, LLC, 2020 WI 46 (May 21, 2020).
HOLDING: In a malpractice action against an insurance agency, the plaintiff must prove not only that the coverage requested was commercially available but that an insurer actually would write the policy for the insured.
VOTE: 6-1. KELLY (majority opinion), joined by A.W. BRADLEY, ZIEGLER, R. BRADLEY, DALLET and HAGEDORN.
ROGGENSACK (dissenting opinion).
20. Warren v. Meisner, 2020 WI 55 (June 11, 2020).
HOLDING:: The defendant’s claim was that his postconviction counsel was ineffective for failing to file a motion for postconviction relief in the trial court that asserted ineffectiveness of his trial counsel should have been filed in the circuit court.
VOTE: 7-0. A.W. BRADLEY (unanimous opinion). No separate writings.
21. Quick Charge Kiosk LLC v. Kaul, 2020 WI 54 (June 12, 2020).
HOLDING: The “cellphone charging kiosks” that are the subject of this litigation are illegal gambling machines.
VOTE: 7-0. HAGEDORN (unanimous opinion). No separate writings.
22. Miller v. Carroll, 2019 WI 56 (June 16, 2020).
HOLDING: A judge’s social media contacts with a party rebutted the presumption of judicial impartiality and violated due process.
VOTE: 4-3. DALLET (majority opinion), joined by ROGGENSACK, ZIEGLER, and A.W. BRADLEY (except for footnote 18).
A.W. BRADLEY (concurring opinion).
ZIEGLER (concurring opinion).
DALLET (concurring opinion), joined by HAGEDORN
HAGEDORN (dissenting opinion) joined by R. BRADLEY, and KELLY (except for footnote 1 and ¶¶120-24).
WISBAR SUMMARY: Judge Created Serious Risk of Actual Bias by Facebook “Friending” Litigant (June 25, 2020)
23. Skindzelewski v. Smith, Jr., 2020 WI 57 (June 18, 2020).
HOLDING:Defendant who was wrongfully jailed because the statute of limitations had run on a theft prosecution was precluded by the actual innocence bar from suing his former defense counsel, who had missed the issue.
VOTE: 5-1. R. BRADLEY (majority opinion) joined by ROGGENSACK, C.J., ZIEGLER, and KELLY.
HAGEDORN (concurring opinion).
DALLET (dissenting opinion).
A.W. BRADLEY (withdrew from participation).
WISBAR SUMMARY: Supreme Court: No Exception to Actual Innocence Rule in Legal Malpractice Case (June 18, 2020)
24. Town of Delafield v. Central Transport Kriewaldt, 2020 WI 61 (June 26, 2020).
HOLDING: Seasonal weight limitations placed on trucks by a municipality fell within the scope of “reasonable access” mandated by federal law.
VOTE: 7-0. HAGEDORN (majority opinion), joined by ROGGENSACK, A.W. BRADLEY, ZIEGLER, and DALLETT.
KELLY (concurring opinion), joined by R. BRADLEY.
25. Papa v. Wisconsin Dept. of Health Services, 2020 WI 66 (July 9, 2020).
HOLDING: DHS recoupment policy for service providers that hinged on the adequacy of the documentation irrespective of the actual provision of appropriate care exceeded DHS’s authority.
VOTE: 6-0. ZIEGLER (majority opinion), joined by ROGGENSACK, A.W. BRADLEY, DALLET; also joined by R. BRADLEY and KELLY (except for ¶¶46-48).
KELLY (concurring in part and dissenting in part), joined by R. BRADLEY.
HAGEDORN (did not participate)
WISBAR SUMMARY: Supreme Court: DHS Exceeded Authority with Medicaid Recoupment Policy (July 20, 2020)
26. Service Employees International Union (SEIU) v. Vos, 2020 WI 67 (July 9, 2020).
HOLDING:Legislation directed at curbing the authority of an incoming Governor and an incoming Attorney General was constitutional on its face; certain provisions pertaining to “guidance documents” were found to be unconstitutional while others were not.
VOTE: (7-0) (5-2) (4-3). HAGEDORN (unanimous opinion addressing all issues other than the provisions of 2017 Wis. Act 369 concerning guidance documents): Part II.E.2.-4. (7-0)
HAGEDORN (majority opinion): Parts I, II.A.-D., II.E.1., and III, joined by ROGGENSACK, ZIEGLER, R. BRADLEY, and KELLY (5-2).
KELLY (majority opinion with respect to the provisions of 2017 Wis. Act 369 concerning guidance documents), joined by A. W. BRADLEY, R. BRADLEY, and DALLET (4-3).
ROGGENSACK (concurring in part and dissenting in part).
DALLET (concurring in part and dissenting in part), joined by A.W. BRADLEY.
HAGEDORN (concurring in part and dissenting in part) joined by ZIEGLER.
WISBAR SUMMARY: State Supreme Court Largely Upholds 2018 Lame Duck Legislation (July 9, 2020).
27. Bartlett v. Evers, 2020 WI 68 (July 10, 2020)
HOLDING: There was no majority opinion in this case. However, a majority of justices reached conclusions on the validity of several challenges to the Governor’s partial vetoes of the state’s 2019-2021 biennial budget bill.
VOTE: (5-2) (5-2) (4-3). ROGGENSACK (concurring in part and dissenting in part).
A.W. BRADLEY (concurring in part and dissenting in part), joined by DALLET.
KELLY (concurring in part and dissenting in part), joined by R. BRADLEY
HAGEGDORN (concurring opinion), joined by ZIEGLER.
WISBAR SUMMARY: Divided Wisconsin Supreme Court Rules on Governor’s Partial Vetoes (July 14, 2020)
28. Wisconsin Small Business United v. Brennan, 2020 WI 69 (July 10, 2020).
HOLDING:The doctrine of laches bars the petitioners’ challenge to the Governor’s partial vetoes in the 2017-19 budget bill.
VOTE: 5-2. HAGEDORN (majority opinion), joined by ROGGENSACK, A.W. BRADLEY, ZIEGLER, and DALLET.
R. BRADLEY (dissenting opinion), joined by KELLY.
WISBAR SUMMARY: Supreme Court: Challenge to Former Gov. Walker’s Budget Bill Vetoes Barred (July 10, 2020) |