This month, the Court of Appeals affirmed a circuit court decision that held that the City of Brookfield engaged in an unconstitutional taking when it conditioned the approval of a subdivision development on construction of a new public street. The
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Seventh Circuit Resolves Open Question Under Class Action Fairness Act
CAFA Background and Exceptions
On March 16, 2022, the Seventh Circuit issued its opinion in Schutte v. Coix Health, resolving an open question about the breadth of the Class Action Fairness Act (“CAFA”). 28 USC § 1711 et seq. Congress…
What Wisconsin Wholesalers Need to Know about the Treasury Department’s Competition Report
Last summer, President Joe Biden issued Executive Order 14036 targeting “any unlawful trade practices in the beer, wine, and spirits markets, such as certain exclusionary, discriminatory, or anticompetitive distribution practices,” as well as “patterns of consolidation in production, distribution, or…
Wisconsin Legislature Considers Bill to Regulate Third-Party Food Delivery Services
The use of third-party food delivery services has skyrocketed during the COVID-19 pandemic. Companies such as Grubhub, Uber Eats, and DoorDash provide customers with greater access to their favorite restaurants without having to leave the comfort of their own homes.…
League of Women Voters of Wisconsin Files Lawsuit to Reactivate 31,854 Voters
The League’s second challenge to unjust voter purges in Wisconsin seeks to reinstate voters before 2022 midterm elections.
MADISON — Today, the League of Women Voters of Wisconsin, represented by Fair Elections Center, Law Forward Inc., and Stafford Rosenbaum LLP,…
Wisconsin Court of Appeals Rules that Reckless Homicide Cannot Constitute an Accident for Purpose of Insurance Coverage
Recently, the Wisconsin Court of Appeals ruled in a case that tests the interaction between criminal law and civil liability. In Dostal v. Strands, 2020AP1943 (Oct. 19, 2021), the court held that an insured’s criminal conviction for second-degree reckless homicide…
Wisconsin Court of Appeals Rejects Attempted Underinsured Motorist Double Dip
At the close of summer, the Wisconsin Court of Appeals rejected an insurance company’s attempt to “double dip” and reduce its underinsured motorist (“UIM”) coverage responsibility to an insured based on a liability payment made to another insured.[1]
The case…
Denial of Variance Request Regarding Lakefront Yard Setback Requirements
Cox v. City of Madison Zoning Board of Appeals, Appeal No. 2020AP478 (July 8, 2021)
Kathleen Cox purchased property on Lake Mendota with the plan to demolish and rebuild the existing house and wet boathouse. A wet boathouse is one…
Supreme Court of Wisconsin Denies Legislative Redistricting Rulemaking Petition
The Supreme Court of Wisconsin recently denied a petition submitted by former Assembly Speaker Scott Jensen, represented by the Wisconsin Institute for Law and Liberty (“WILL”), proposing new procedural rules limited solely to legal challenges to new legislative districts, including…
Court of Appeals Holds that Prejudgment Interest Can Be Triggered without a Demand
Recently, the Wisconsin Court of Appeals touched on two important insurance issues: covered autos under Wis. Stat. § 632.32(3) and prejudgment interest under Wis. Stat. § 628.46(1).
In January 2016, Jason and Wendy Foerster’s thirteen-year-old son was directed by his…