Philip Babler

Philip Babler

Foley & Lardner LLP

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Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

Yesterday, the Wisconsin Court of Appeals released its unpublished opinion in Farm-To-Consumer v. Wis. DATCP, 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production. A couple of local farmers...more

8/11/2014 - Food Safety Jurisdiction Summary Judgment

Wisconsin Adopts Twombly, Though "No One Is Sure What Twombly Means"

In Data Key Partners v. Permira Advisers LLC, 2014 WI 86, the Wisconsin Supreme Court adopted the “plausibility” pleading standard articulated by the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544...more

8/7/2014 - SCOTUS Shareholder Litigation Shareholders Twombly/Iqbal Pleading Standard

Wis. Supreme Court Accepts New Case: When Are Covenants Not to Compete Illusory for At-Will Employees?

Last month, the Wisconsin Supreme Court accepted the Court of Appeals’ certification in Runzheimer Int’l, Ltd. v. Friedlen, No. 13AP1392 (Apr. 15, 2014). The intermediate appellate court had certified the following question:...more

7/16/2014 - At-Will Employment Consideration Employer Liability Issues Non-Compete Agreements

The Precedential Value of Seriatim Wisconsin Court of Appeals Opinions

In April we wrote about the Wisconsin Court of Appeals opinions compelling State Senator Jon Erpenbach to produce non-redacted emails under Wisconsin’s Public Records law. Today, the Court of Appeals ordered that the opinions...more

5/30/2014 - Appeals Email Evidence Humana

What Does McCutcheon Mean for Wisconsin Campaign Finance Law?

On April 2, the United States Supreme Court released its much-anticipated decision in McCutcheon v. FEC, 572 U.S. __ (2014). The case was closely watched because it presented the Court the opportunity to revisit the framework...more

4/7/2014 - FEC McCutcheon v. FEC Political Campaigns Political Contributions SCOTUS

Appeal Not Moot, Though Disputed Policy Had Been Revised

In a decision issued on February 4, 2014, the Seventh Circuit examined the mootness doctrine in an appeal of the denial of a preliminary injunction that challenged a facility use policy for a war memorial. Smith v. Exec. Dir....more

2/7/2014 - Appeals Mootness

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