Wisconsin Appellate Law

Appellate developments affecting Wisconsin business

Wisconsin’s Supreme Court issued an important decision last week in Marx v. Morris, 2019 WI 34, holding that “[c]orporate principles of derivative standing do not apply to the distinct business form of an LLC.” Id. ¶ 4. In a 4-3 decision written by Chief Justice Patience Roggensack, the court explained that the statutory scheme applicable to LLCs does not distinguish between direct and derivate claims and that the court would not “judicially import” one from…
Buried in a footnote in the February 7 opinion in a criminal appeal is a helpful reminder for all advocates in the Seventh Circuit, including those handling civil appeals. In United States v. Moody, No. 18-1837 (7th Cir. Feb. 7, 2019), Mr. Moody sought to incorporate an argument by reference from the appellate brief of a trial court co-defendant whose appeal had not been consolidated with his. The court declined to consider the argument,…
Last week, in an 8-4 en banc decision, the Seventh Circuit held that the Age Discrimination in Employment Act does not provide a cause of action for outside job applicants on a “disparate impact” theory. Kleber v. CareFusion Corp., No. 17-1206 (Jan. 23, 2019). Beyond the result, the court sharply divided over how to interpret the statute. Writing for the court, Judge Michael Scudder held that “plain language” dictated the outcome of the case, while…
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…
The Wisconsin Supreme Court’s 2018-19 term began with arguments last month, and the first opinion of the term is expected tomorrow. Before we dive into this year’s term, we thought we would review the statistics of the 2017-18 term and highlight a couple of the court’s important decisions from the term, which saw the conclusion of Justice Michael Gableman’sservice and the election of his successor, Justice Rebecca Dallet.…
Over the course of the past two weeks, the Seventh Circuit has issued two separate opinions that limit the ability of state and local governments to craft their own labor law policy.  In doing so, the court created a circuit split and raised an interesting question of the ability of the lower courts to disregard Supreme Court summary dispositions when the dispositions have arguably been undermined by later case law.…
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…
Those who follow the workings of the U.S. Court of Appeals for the Seventh Circuit are no doubt accustomed to visiting the court’s website (http://www.ca7.uscourts.gov) to read the daily release of published opinions or to listen to the court’s audio recordings of oral arguments. The former are available here; the latter are available here and normally are posted in the afternoon, a few hours after that morning’s oral arguments. Court watchers now have…