This week, two federal appellate courts published notable opinions on the intersection between personal jurisdiction jurisprudence and Rule 23 class action procedure. The defendants in both cases face nationwide class actions, and each argued that the Supreme Court’s 2017 decision
Wisconsin Appellate Law
The Wisconsin Appellate Law blog, published by Foley & Lardner LLP, focuses on appellate decisions and legal developments specific to Wisconsin. It covers topics such as product liability statutes, tort law, constitutional issues including the Ex Post Facto Clause, class action jurisdiction under the Class Action Fairness Act, and unique state-specific legal doctrines like the risk-contribution theory in toxic tort cases. The blog analyzes how Wisconsin courts interpret statutes and common law, highlighting distinctions from broader federal or other state law approaches. It also addresses procedural and substantive appellate issues relevant to practitioners handling appeals in Wisconsin courts.
Latest from Wisconsin Appellate Law - Page 2
Wisconsin Court of Appeals Enforces Knowledge Requirement for Preference Claims
Wisconsin’s Chapter 128 has long been something of a “wild west” of insolvency proceedings. Modeled on the provisions of the federal Bankruptcy Act of 1898, the statute empowers a circuit court to appoint a receiver to administer a debtor’s estate…
First Published Wisconsin Appellate Opinion Applying New Class Action Rule
In 2017, the Wisconsin Supreme Court adopted a new class action rule, modeled after Fed. R. Civ. P. 23, with the avowed purpose of aligning state class-action practice with the federal practice and encouraging resort to the body of case…
Tetra Tech EC, Inc. v. Wisconsin Department of Revenue
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.
Wisconsin Supreme Court Clears the Path to the Courtroom for Member-Driven LLC Litigation
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…
The Need for a Marks Rule in Wisconsin
Wisconsin Supreme Court Picks Up the Pace Under New Procedure
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…
Seventh Circuit Issues Two Opinions Limiting Scope of State and Local Authority over Labor Law
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…
Overview of the Wisconsin Supreme Court’s 2017-18 Term
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…
Plain Language vs. Purpose: The Seventh Circuit Debates Statutory Interpretation
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. Kelber v. CareFusion Corp., No. 17-1206…