News & Analysis as of

WI Supreme Court

Will This Term of Wisconsin’s Supreme Court Be the Last for Agency Deference in Wisconsin?

by Foley & Lardner LLP on

Justice Neil Gorsuch’s confirmation process earlier this year brought attention to the issue of agency deference, given a concurring opinion that he had written in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir....more

Wisconsin High Court Affirms High Summary Judgment Bar to Trade Secret Misappropriation Claims

by Seyfarth Shaw LLP on

A recent decision from the Supreme Court of Wisconsin affirmed a trial court’s grant of summary judgment in favor of a defendant accused of conspiring to misappropriate its competitor’s trade secrets. By a 4-3 decision in...more

The WFDL Is Broader Than You Think -- Lessons From Golf Pros

by Foley & Lardner LLP on

On June 22, 2017, the Wisconsin Supreme Court took a 3-Iron to common intuitions about who is, and who is not, a dealer protected by the Wisconsin Fair Dealership Law (WFDL). In Benson v. City of Madison, 2017 WI 65, the...more

A Seemingly Important Win for Wisconsin Worker’s Compensation Insurance Carriers and Employers

by Ruder Ware on

On its face the decision of the Wisconsin Supreme Court in Flug v. LIRC, 2017 WI 72 (decided on June 30, 2017), is a clear, important win for the employer side in common injuries that involve pre-existing degenerative...more

Wisconsin Supreme Court Rules on Appleton School District Open Meetings Law

by Ruder Ware on

In a unanimous and much-anticipated decision released today, the Wisconsin Supreme Court ruled that a committee of school personnel formed to review materials for a high school course under a procedure set forth in school...more

Wisconsin Supreme Court Characterizes Release of Incorrect Criminal History by State Department of Justice as Defamatory, Despite...

by Akin Gump - Excubitor on

The Wisconsin Supreme Court recently ruled that the state Department of Justice (DOJ)’s release of misleading criminal history files violated an individual’s protected interest in their name and reputation, in a ruling that...more

Supreme Court of Wisconsin Holds That Private Subcontractor Is Immune to Property Damage Claims by Adjoining Landowners Because it...

by Pepper Hamilton LLP on

Melchert v. Pro Elec. Contrs., 2017 Wis. Lexis 169 (April 7, 2017) - The Wisconsin Department of Transportation (“DOT”) contracted with Payne & Dolan (“P&D”) as General Contractor on a road improvement project. P&D in turn...more

Unemployment Benefits Cannot Be Denied Based on Eight Cash Transaction Inadvertent Errors Out of 80,000 Transactions in a 21-Month...

by Ruder Ware on

The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well. The case is Operton v. Labor and Industry...more

Wisconsin’s Supreme Court: Contractual Waivers of Civil Jury Trial Are Enforceable

by Foley & Lardner LLP on

Last year the Wisconsin Court of Appeals threw businesses a curveball when it held that a contractual waiver of the right to a jury trial was unenforceable. The holding of the case, Parsons v. Associated Banc-Corp., 2016...more

Wisconsin Supreme Court Clarifies Required Assessment Methodology for Section 42 Housing

by Foley & Lardner LLP on

Regency West concerned the 2012 and 2013 assessments of a newly constructed 72-unit Section 42 housing development. For 2012 (the first tax year following completion of construction), the city assessed the property at...more

Wisconsin Supreme Court Reaffirms Four-Corners Rule for Insurers’ Duty to Defend

by Foley & Lardner LLP on

An insurer’s decision whether to defend a lawsuit against its insured can be a critical issue involving tens of thousands, if not millions, of dollars for Wisconsin companies who are sued. The Wisconsin Supreme Court recently...more

Wisconsin Supreme Court Holds Insurer Is Entitled To Subrogation Despite Fact That Insured Was Not “Made Whole”

In Dufour v. Progressive Classic Ins. Co., 2016 WI 59 (Wis. 2016), Dairyland Insurance Company’s insured sustained physical injuries and damage to his vehicle following an automobile accident with an underinsured tortfeasor....more

Subrogation recovery did not violate the made-whole-rule and was not in bad faith per Wisconsin Sup. Ct.

by Cozen O'Connor on

It is highly unusual to find an insurance bad faith case which stems from an insurance company’s subrogation recovery. On July 6th, Wisconsin’s highest court had such a case, reversing the appellate court and holding that...more

Whistle while you work… on getting dressed: Wisconsin Supreme Court rules Hormel employees to be paid for time putting on clothing...

by Hinshaw & Culbertson LLP on

Like most employers, Hormel Foods paid its employees from the time they punched-in to the time they punched-out. Prior to punching the clock, manufacturing employees were required to dress in a clean white jumpsuit, boots,...more

Wisconsin Supreme Court Weighs in on the Compensability of Pre- and Post-Shift Work

by Littler on

The Wisconsin Supreme Court recently helped clarify the circumstances under which pre- and post-shift donning and doffing constitutes compensable work under Wisconsin’s minimum wage and overtime laws. The decision, which...more

Wisconsin Supreme Court Reminds That Duty to Defend is Broader Than Duty to Indemnify

by Foley & Lardner LLP on

A liability insurance policy generally imposes two duties on the insurer: (1) a duty to indemnify the insured against claims that are covered by the policy, up to the policy limits; and (2) a duty to defend the insured...more

Wisconsin Supreme Court Split Over Hormel Wage and Hour Claims

by Foley & Lardner LLP on

On March 1, 2016, the Wisconsin Supreme Court issued its long-awaited decision in UFCW v. Hormel Foods Corp., 2016 WI 13 (March 1, 2016). Unfortunately, many are wondering if the decision will provide useful guidance for...more

Wisconsin Supreme Court Kicks Open Records Case to the Curb

by Foley & Lardner LLP on

When Rebecca Bradley was appointed to the Wisconsin Supreme Court in October, the question arose what role she would play in cases argued this term before her appointment. Specifically, if the Court were otherwise split 3-3...more

Pennsylvania Supreme Court Rejects Continued Employment as Sufficient Consideration for Non-Compete

The Pennsylvania Supreme Court recently held in Socko v. Mid-Atlantic Systems of CPA, Inc. that a non-compete is enforceable only if a current employee receives new consideration beyond continued employment. The Court held...more

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

by Foley & Lardner LLP on

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

Quirky Question #262, An update on Wisconsin non-competes

by Dorsey & Whitney LLP on

Question: We are a Wisconsin employer that recently lost a number of employees to a direct competitor in our region. As a result, we are now in the process of having all of our employees sign non-compete agreements...more

Wisconsin Supreme Court Rules Continued Employment is Lawful Consideration to Support a Restrictive Covenant

by Littler on

Wisconsin has firmly joined the majority of jurisdictions in the United States that hold that continued employment constitutes lawful consideration sufficient to enforce a restrictive covenant with a current at-will employee....more

Wisconsin Joins Illinois in Addressing Whether Continued Employment Constitutes Lawful Consideration for Mid-Stream Non-Competes

by Faegre Baker Daniels on

The Wisconsin Supreme Court recently brought much needed clarity to Wisconsin employers — and helpful guidance for other jurisdictions — in ruling that continued at-will employment constitutes legal consideration to support a...more

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

by Foley & Lardner LLP on

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

Wisconsin's Supreme Court Creates More Power for the Arbitrator

by Foley & Lardner LLP on

Most commercial litigators know that a circuit court will enforce an arbitration agreement as long as a given dispute falls within the agreement’s scope. What is or is not within the scope of an agreement, however, has not...more

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