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Supreme Court Takes a Pass on Early Review of Antitrust Challenge to NFL Sunday Ticket

On November 2, the United States Supreme Court refused to weigh in on an ongoing antitrust challenge to NFL Sunday Ticket, the satellite broadcast package from DirecTV that gives NFL fans access to all NFL games each week. ...more

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

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 Courts Can Consider Documents Referred to in a Complaint, Even if They Are Not Attached to the Complaint

Wisconsin’s court of appeals recently adopted the incorporation-by-reference doctrine as part of the state’s pleading standard in Soderlund v. Zibolski, No. 14AP2479 (Sept. 22, 2015). The decision, written by Judge Cane of...more

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

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

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

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

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

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

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

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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