Philip Babler

Philip Babler

Foley & Lardner LLP

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A Defendant Can Get Summary Judgment Without Producing Evidence

The Supreme Court explained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that a party can obtain for summary judgment when its opponent has no evidence to support an element of the opponent’s case. Justice Brennan’s...more

8/27/2015 - Discovery Dram Shop Laws Evidence Motion for Summary Judgment Motion to Dismiss Proximate Cause

Wis. Supreme Court Applies the Discovery Rule to Accrual of Wrongful Death Claims

On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more

6/26/2015 - Appeals Discovery Rule Employees Employer Liability Issues Motion to Dismiss Reversal Statute of Limitations Survival Action WI Supreme Court Wrongful Death

Wisconsin Supreme Court Accepts New Cases: Occurrences, 12% Interest, and Donning and Doffing

Last Friday, Wisconsin’s supreme court announced that it had accepted seven new cases. Three of them are of particular interest to Wisconsin businesses. In Wis. Pharmacal Co. v. Nebraska Cultures of Cal.,...more

6/2/2015 - Commercial General Liability Policies Employer Liability Issues Hormel Manufacturers Occurrence Prejudgment Interest Unions Wage and Hour WI Supreme Court

Takeaways From the FTC/DOJ Workshop on Health Care Competition

The Federal Trade Commission and Department of Justice Antitrust Division held their second public workshop on health care competition on February 24-25, 2015. The workshop is part of the FTC and DOJ’s commitment to...more

3/6/2015 - Antitrust Division DOJ FTC Healthcare Regulatory Agenda

Is There a Constitutional Right to 12% Interest?

Central bankers have been the bane of a saver’s return for awhile now, but Wisconsin’s court of appeals appears to have carved out a place for litigants to earn a market-beating return. In a decision issued by District II...more

2/4/2015 - Appeals Car Accident Insurance Litigation Prejudgment Interest Proposal for Settlement

Undocumented Workers Are Protected by Wisconsin's FMLA

Wisconsin’s court of appeals, in a published opinion written by Judge Reilly, recently decided that undocumented workers are protected by Wisconsin’s Family and Medical Leave Act (FMLA). Burlington Graphic Systems v. DWD,...more

1/14/2015 - Adverse Employment Action Employee Rights FMLA Undocumented Immigrants

Wisconsin Supreme Court Puts Some Teeth Into Opinion Drafting Rules

An unusual thing happened earlier this month at the Wisconsin Supreme Court. Ramon Gonzalez, an inmate, was tried for a fight in the Milwaukee County Jail. To assist the jury in identifying Gonzalez as a participant in the...more

12/29/2014 - Judges Legal Opinion

No Need to Mail Process to the Government on a Saturday, Even if the Post Office Is Open

In Wisconsin, a party seeking judicial review of an administrative decision must, within 30 days of service of the agency decision, file a petition for review in the trial court and serve the agency with a copy of the...more

12/22/2014 - Administrative Appeals Judicial Review Mail Petitions for Review Public Schools Service of Process

When Serving Process by Mail, You Can't Send It to the Wrong Address

If personal service of a summons and complaint cannot be accomplished, a plaintiff in Wisconsin is permitted to serve process by publication. A plaintiff serving by publication must also mail a copy of the summons and...more

12/11/2014 - Mail Publication Requirement Service of Process Summons

When Is the Presence of Lactobacillus Acidophilus an Occurrence Under a CGL Policy?

In Wisconsin Pharmacal Co. v. Nebraska Cultures of California, No. 13AP613 (Wis. Ct. App. Oct. 29, 2014), the Wisconsin Court of Appeals analyzed the circumstances under which a supplier’s negligent provision of an incorrect...more

11/7/2014 - Appeals Commercial General Liability Policies Food Manufacturers Occurrence

Suing the State: Class Action or "Mass Action"

Wisconsin’s court of appeals recently clarified the extent to which class-action lawsuits may be brought against Wisconsin governmental entities in Townsend v. Neenah Joint School District, No. 13AP2839 (Oct. 22, 2014)....more

11/3/2014 - Appeals Class Action Government Entities Putative Class Actions Retirement Plan School Districts

Violation of OSHA Standards Now More Costly in Wisconsin

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

10/17/2014 - Employee Rights OSHA Safety Precautions Workplace Injury

After the Bank Forecloses, Must It Actually Sell Your House?

The Wisconsin Supreme Court will answer this question in Bank of New York v. Carson, No. 2013AP544. It heard argument in this case last Tuesday. The case began more than 3 1/2 years ago when a widow—physically and...more

10/3/2014 - Banks Foreclosure Right of Redemption Trustee Sales

Wisconsin Supreme Court 2013-2014 Term Summary Part 3: Recap of Cases Affecting Wisconsin Businesses

This post is the third in a series of posts analyzing the 2013-14 term of the Wisconsin Supreme Court. This post provides in a nutshell what businesses need to know about the cases from last year’s term of the...more

9/26/2014 - Appeals Assignments Bodily Injury Business Judgment Rule Damage Caps Damages MERS Pleading Standards Punitive Damages Shareholder Litigation Twombly/Iqbal Pleading Standard Workplace Hazards Workplace Injury

Wisconsin Supreme Court 2013-2014 Term Summary Part 2: A Divided Court?

In our last post, we observed that the Wisconsin Supreme Court released unanimous opinions more quickly than non-unanimous opinions and that the court had released opinions very slowly this year. These two observations raise...more

9/19/2014 - Judicial Records

Wisconsin Supreme Court 2013-2014 Term Summary Part 1: By the Numbers

The Court’s Caseload. In 2013-14, the court released 61 merits opinions (i.e., not OLR decisions, decisions on reconsideration, dismissals as improvidently granted, or affirmances by an equally divided court). This opinion...more

9/15/2014 - Caseloads Dismissals Final Judgment

Blackstone and Booze: Wisconsin Court of Appeals Discusses Retroactivity of Judicial Decisions

On August 26, the Wisconsin Court of Appeals released Mixx Night Club v. Milwaukee, 13AP2599, an opinion analyzing the retroactivity of Wisconsin Supreme Court decisions. The case began with a rowdy nightclub in...more

9/10/2014 - Appeals Licenses Restaurant Industry Retroactivity Wine & Alcohol

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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