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This article is the fourth and final installment in our series on the Wisconsin Supreme Court’s recently completed 2017-18 term. For previous installments, see here, here, and here. Last term, the United States Supreme Court was expected to clarify its decision in Marks v. United States, 430 U.S. 188 (1977), which adopted a rule governing the precedential value of 4-1-4 decisions of the Court. Under Marks, the Court adopted the following…
This article is the third installment in our series on the Wisconsin Supreme Court’s recently completed 2017-18 term.  For previous installments, see here and here. One decision of the past term merits special attention: Tetra Tech EC, Inc. v. Wis. Dep’t of Revenue, 2018 WI 75. As we predicted (see prior post), Tetra Tech was the court’s chosen vehicle to revisit and restrict, on its own motion, previously mandated judicial deference to Wisconsin administrative agency…
This installment is the second in our series on the Wisconsin Supreme Court’s 2017-18 term.  For the previous installment, click here. The United States Supreme Court made headlines earlier this year for getting behind on its work.  Fortunately, Wisconsin’s supreme court has been trending in the opposite direction.  What is behind this development? We wrote in December 2014 about the Wisconsin court’s new opinion drafting procedure.  As we discussed then: A series of deadlines…
In Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439 (Mar. 20, 2018), the Supreme Court recently held that certain federal securities-law claims could proceed in state courts—despite the narrowing effect of the Private Securities Litigation Reform Act (PSLRA) and the Securities Litigation Uniform Standards Act (SLUSA)—and that those claims were not removable to federal court under SLUSA’s removal provision.  But Cyan leaves intact (for now, at least) Seventh Circuit law on the…
Justice Neil Gorsuch’s confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir. 2016). That was an immigration appeal where he argued that Chevron ought to be revisited because it “permit[s] executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more…
When Rebecca Bradley was appointed to the Wisconsin Supreme Court in October, the question arose what role she would play in cases argued this term before her appointment. Specifically, if the Court were otherwise split 3-3 on a case, would Justice R. Bradley participate in order to break the tie? The Court answered “No” in New Richmond News v. City of New Richmond, 2015 WI 106. New Richmond involves the interplay between Wisconsin’s Public…
Wisconsin’s court of appeals recently adopted the incorporation-by-reference doctrine as part of the state’s pleading standard in Soderlund v. Zibolski, No. 14AP2479 (Sept. 22, 2015). The decision, written by Judge Cane of District III (and recommended for publication in the official reports), allows a circuit court to consider documents referred to in a complaint even if those documents were not attached to the complaint.…
The Supreme Court explained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that a party can obtain for summary judgment when its opponent has no evidence to support an element of the opponent’s case. Justice Brennan’s dissent warned then that the opinion would “create confusion” among district courts. Fast forward nearly thirty years, and that “confusion” appears to be playing out. The Seventh Circuit’s recent decision in Spierer v. Rossman, No. 14-3171 (7th Cir. Aug. 14,…
Yesterday, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff discovers both his injury and the identity of the tortfeasor—applies to statutes of limitations for both wrongful death (belonging to close relatives to compensate them for their own losses) and survival (belonging to the decedents and passing to their estates) actions. Christ v. Exxon
Last Friday, Wisconsin’s supreme court announced that it had accepted seven new cases. Three of them are of particular interest to Wisconsin businesses. In Wis. Pharmacal Co. v. Nebraska Cultures of Cal., 2013AP613/687, the court of appeals addressed whether the negligent provision of an ingredient to a probiotic manufacturer constituted an “occurrence” under a CGL policy. The court of appeals held that there was coverage. In our post, we warned that, “[b]arring review by the supreme…