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Wisconsin Appellate Law

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By: Foley & Lardner LLP

Blog Authors

AaronR.Wegrzyn@www.foley.com
Michael D. Leffel
Philip C. Babler
Eric G. Pearson
Stephan J. Nickels
Andrew J. Wronski
Rachel M. Blise
Gregory N. Heinen
Ryan N. Parsons
Aaron R. Wegrzyn
Thomas L. Shriner Jr
Scott T. Allen
Anne-Louise T. Mittal

Latest from Wisconsin Appellate Law

Wisconsin Appellate Law

The Wisconsin Supreme Court Keeps Wisconsin Weird and Applies the Common Law in Its First Look at Wisconsin’s Product Liability Statute

By Gregory N. Heinen
February 1, 2023

Murphy v. Columbus McKinnon Corp., 2022 WI 109 (Dec. 28, 2022), gave the Wisconsin Supreme Court its first opportunity to interpret Wis. Stat. § 895.047, part of the Wisconsin Legislature’s 2011 product liability statute. Murphy also presented the court with a…

Wisconsin Appellate Law

Seventh Circuit Announces a New Standard for Analyzing Violations of the Ex Post Facto Clause

By Eric G. Pearson
August 24, 2022

Those who practice municipal law in the three states that make up the Seventh Circuit now have a new standard to consider when arguing that a law violates the Constitution’s Ex Post Facto Clause.
Laws that are both retroactive and…

Wisconsin Appellate Law

Seventh Circuit Addresses Mandatory Local Controversy Exception to the Class Action Fairness Act

By Thomas L. Shriner Jr, Andrew J. Wronski & Aaron R. Wegrzyn
March 18, 2022

Since its enactment in 2005, the Class Action Fairness Act (CAFA) has provided defendants with additional opportunities to remove state-law claims to federal court. Among other things, the statute expands federal courts’ diversity jurisdiction to cases where at least one…

Wisconsin Appellate Law

Seventh Circuit Confronts Wisconsin’s “Risk-Contribution” Theory in Reversing $6 Million Lead Paint Verdict

By Gregory N. Heinen
May 6, 2021

The back-and-forth between Wisconsin’s legislature and its supreme court created a unique six-year window from 2005-2011 when plaintiffs could sue manufacturers of white lead carbonate, a substance formerly used in some paints, under a tort theory called “risk-contribution.”  This theory…

Wisconsin Appellate Law

Seventh Circuit Holds That Federal Military Leave Statute Might Mandate Paid Leave

By Scott T. Allen
February 24, 2021

Employers—particularly those in Illinois, Indiana and Wisconsin—should revisit their military leave policies in light of the Seventh Circuit’s holding in White v. United Airlines Inc., No. 19-2546 (Feb. 3, 2021), that failure to provide paid military leave, while simultaneously…

Wisconsin Appellate Law

Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions

By Thomas L. Shriner Jr & Aaron R. Wegrzyn
December 17, 2020

On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt Collection Practices Act (“FDCPA”).…

Wisconsin Appellate Law

Wisconsin Municipalities May Not Appeal a Board of Review’s Reduction of Property Tax Assessment

By Eric G. Pearson
December 16, 2020

The old adage tells us that you can’t fight city hall, but a recent decision from Wisconsin’s court of appeals, which handed a victory to property taxpayers who received a favorable decision from a board of review, teaches that sometimes…

Wisconsin Appellate Law

Arbitrator Snooze … You Lose? A Reminder to Raise Specific Objections to an Arbitrator First, or Risk Forfeiting Them on Appeal

By Gregory N. Heinen
November 11, 2020

You represent a business owner who ends up arbitrating a dispute with a supplier.  After spending tons of time and money preparing for the 5-day evidentiary hearing, you look up to hear snoring from the arbitrator – he fell asleep…

Wisconsin Appellate Law

Seventh Circuit Respects Corporate Formalities in Assessing Title VII Coverage

By Ryan N. Parsons
October 26, 2020

Under most of the federal civil rights laws, employers are covered only if they employ 15 or more employees.  See, e.g., 42 U.S.C. § 2000e(b) (Title VII).  Businesses that employ fewer than 15 employees are not subject to the laws,…

Wisconsin Appellate Law

Seventh Circuit Addresses Waiver of Right to Arbitrate

By Anne-Louise T. Mittal
March 26, 2020

The Seventh Circuit’s decision in Brickstructures, Inc. v. Coaster Dynamix, Inc., No. 19-2187 (March 11, 2020), highlights the challenges that a party faces when appealing a district court’s finding that it has waived the right to arbitrate. 
The parties in…

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