The estate of a career pipefitter who died from mesothelioma recently lost an appeal on claims that asbestos exposure caused his cancer and the exposure, in the course of his employment, violated the state’s safe place statute.
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This article looks at eight significant Wisconsin federal court decisions from 2019 interpreting Wisconsin law on a variety of subjects, including tort, health care, employment law, and more.
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Commentary from the Wisconsin Supreme Court in a recent case brings attention to pleading standards in Wisconsin. Sarah Zylstra discusses the recent comments that were issued in a per curiam decision in Cattau v. National Insurance Services of Wisconsin, Inc. “The comments indicate that a plaintiff must plead facts that satisfy each element of a cause of action in order to survive a motion to dismiss,” she writes.
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In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this first part, he sets up the situation, based on the dethroning of 2019 Kentucky Derby first-place finisher, Maximum Security. “As the actual rule – and standard of review – will be front and center,” he writes.
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In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this second part, he explores the nuances of a de novo review. “To understand the concept of ‘de novo’ requires some back-tracking,” he writes.
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In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this third part, he discusses additional standards of review and policy considerations involved in appellate issues and cases. “There are multiple standards, policies, and terminologies to consider,” he writes.
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In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this fourth part, he dissects a few thorny considerations and advises a cautionary approach to review. “Many issues require proceeding with caution in defining the applicable reviewing standard,” he writes.
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In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this fifth part, he contemplates how the intersections of different standards of review may come into play in the case involving the horse disqualified from a first-place finish at the 2019 Kentucky Derby. “Can a decision to disqualify truly be unappealable?” he asks.
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In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this sixth and final part, he discusses the appellate review through the courts. “Justice,” he says “takes on the eye of the beholder.”
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For many years, Wisconsin's pleading standard for litigation appeared to differ from the federal-court standard, but in 2019 the Wisconsin Supreme Court announced the standards are essentially the same. In Cattau, the court clarified this decades-long misunderstanding.
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This article looks at nine significant Wisconsin federal court decisions interpreting Wisconsin law in late 2017 and 2018 on a variety of subjects, including tort, contract, corporate, fair dealership, and insurance law and more.
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Lawyers filing appellate briefs should be aware that the Wisconsin Court of Appeals computer system is reordering the record, making the record identifications in the clerk of circuit court's certification incorrect. Sarah Zylstra discusses how to find the listing of the record as reordered by the court of appeals.
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During the 2017-18 term, the Wisconsin Supreme Court overruled its own precedent three times. That's more than in any other recent term, and it raises questions: Is the uptick an anomaly or part of a trend? And what does it say about stare decisis in Wisconsin? Clues to the answers may lie in the recent past.
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Diane Wood, chief judge of Seventh Circuit Court of Appeals, has a lot on her plate. In this Q&A, a primer to her upcoming discussion at State Bar of Wisconsin's Annual Meeting and Conference in June, learn why Chief Judge Wood is busier than ever.
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