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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 arose from an automobile accident that caused the death of Michael Shimeta and serious injuries to his passenger, Terry Scheer. The responsible tortfeasor’s liability insurance policy provided for a $250,000 per-person limit and a $500,000…
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 that is built over excavated shoreline with the lake water underneath, into which a boat can directly navigate. Cox learned after rebuilding the wet boathouse and completing design plans for the home that a Wisconsin…
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 requiring such challenges to be brought solely to the Wisconsin Supreme Court. Stafford Rosenbaum Attorneys Doug Poland, Jeff Mandell, and Rick Manthe submitted an extensive written comment arguing against the proposed rule on…
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 uncle to drive a Chevrolet Tahoe to the child’s grandparents’ house to retrieve a piece of equipment. The Tahoe belonged to the child’s aunt and was covered under the aunt’s 1st Auto & Casualty Insurance…
In a straightforward interpretation and application of the Wisconsin Statutes and procedural standards governing writs of mandamus, on April 9, 2021, the Wisconsin Supreme Court ruled 5-2 in State of Wis. Ex rel. Timothy Zignego v. Wisconsin Elections Commission, 2021 WI 32, that the Wisconsin Elections Commission (“WEC”) was not obligated by Wisconsin Statutes Section 6.50(3) to conduct a massive deactivation of the registrations of nearly 230,000 Wisconsin voters, as three Wisconsin voters had alleged.…
On March 25, 2021, Senators Sanders, Gillibrand, Reed, Van Hollen, and Whitehouse released a bill to the Senate that, if signed into law, will cause substantial changes to the Internal Revenue Code that pertain, among other things, to estate, gift, and generation-skipping transfer taxes.. A similar bill was read into the House by Representative Gomez. The bill, commonly known as “For the 99.5% Act” (the “Act”), was drafted with an effective date of January 1,…
On March 25, 2021, Senators Sanders, Gillibrand, Reed, Van Hollen, and Whitehouse released a bill to the Senate that, if signed into law, will cause substantial changes to the Internal Revenue Code that pertain, among other things, to estate, gift, and generation-skipping transfer taxes.. A similar bill was read into the House by Representative Gomez. The bill, commonly known as “For the 99.5% Act” (the “Act”), was drafted with an effective date of January 1,…
Earlier this month, the Seventh Circuit Court of Appeals decided a case involving allegations that a candidate for public office orchestrated a plan to put two other candidates on the ballot to split voters and ensure a victory. The case, Gonzales v. Madigan, No. 20-1874, 2021 WL 857476 (7th Cir. Mar. 8, 2021), could have many implications for challenges to tactics used during an election. The litigation involved a 2016 primary election in which Michael…
Stafford Rosenbaum LLP’s election and political law attorneys have had a 2020 filled with noteworthy cases. The new practice group was launched this year, co-chaired by Attorneys Jeff Mandell and Doug Poland, and has been even busier in the last quarter of the year with cases involving presidential post-election results challenges. Stafford Rosenbaum represents Wisconsin Governor Tony Evers on post-election matters, which has involved researching and advising on vote recounts and matters surrounding them.…
At the end of last week, the Court of Appeals recommended for publication an opinion resulting from a permissive interlocutory appeal sought by Stafford Rosenbaum on behalf of the City of Monroe.  Stafford sought the appeal after the trial court denied the City’s motion for summary judgment asserting absolute and governmental immunity in response to a slip and fall complaint.  As explained below, the Court of Appeals reversed and remanded with directions to enter summary…