Wisconsin Appellate Law

Wisconsin Appellate Law monitors appellate law developments of interest to the business community in Wisconsin. We track the Wisconsin appellate courts — Supreme Court and Court of Appeals — the U.S. Court of Appeals for the Seventh Circuit and, when relevant, the U.S. Supreme Court. We follow the courts’ calendars throughout their terms and report and comment on decisions, including how the decisions may affect Wisconsin businesses.

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01 February 2023 Wisconsin Appellate Law

The Wisconsin Supreme Court Keeps Wisconsin Weird and Applies the Common Law in Its First Look at Wisconsin’s Product Liability Statute

Murphy v. Columbus McKinnon Corp., 2022 WI 109 (Dec. 28, 2022), gave the Wisconsin Supreme Court its first opportunity to interpret Wis. Stat. § 895.047, part of the Wisconsin Legislature’s 2011 product liability statute.

24 August 2022 Wisconsin Appellate Law

Seventh Circuit Announces a New Standard for Analyzing Violations of the Ex Post Facto Clause

Those who practice municipal law in the three states that make up the Seventh Circuit now have a new standard to consider when arguing that a law violates the Constitution’s Ex Post Facto Clause.

17 March 2022 Consumer Class Defense Counsel

Seventh Circuit Addresses Mandatory Local Controversy Exception to the Class Action Fairness Act

Since its enactment in 2005, the Class Action Fairness Act (CAFA) has provided defendants with additional opportunities to remove state-law claims to federal court.

06 May 2021 Wisconsin Appellate Law

Seventh Circuit Confronts Wisconsin’s “Risk-Contribution” Theory in Reversing $6 Million Lead Paint Verdict

The back-and-forth between Wisconsin’s legislature and its supreme court created a unique six-year window from 2005-2011 when plaintiffs could sue manufacturers of white lead carbonate, a substance formerly used in some paints, under a tort theory called “risk-contribution.”

24 February 2021 Wisconsin Appellate Law

Seventh Circuit Holds That Federal Military Leave Statute Might Mandate Paid Leave

Employers should revisit their military leave policies in light of the Seventh Circuit’s holding in White v. United Airlines Inc., No. 19-2546 (Feb. 3, 2021), that failure to provide paid military leave, while simultaneously offering paid time off for other absences such as for jury duty or sick leave, might violate the Uniformed Services Employee and Reemployment Rights Act.

17 December 2020 Consumer Class Defense Counsel

Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions

On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt Collection Practices Act (“FDCPA”).

16 December 2020 Wisconsin Appellate Law

Wisconsin Municipalities May Not Appeal a Board of Review’s Reduction of Property Tax Assessment

The old adage tells us that you can’t fight city hall, but a recent decision from Wisconsin’s court of appeals, which handed a victory to property taxpayers who received a favorable decision from a board of review, teaches that sometimes city hall can’t fight back.

11 November 2020 Wisconsin Appellate Law

Arbitrator Snooze … You Lose? A Reminder to Raise Specific Objections to an Arbitrator First, or Risk Forfeiting Them on Appeal

You represent a business owner who ends up arbitrating a dispute with a supplier. After spending tons of time and money preparing for the 5-day evidentiary hearing, you look up to hear snoring from the arbitrator - he fell asleep for part of the proceedings!

26 October 2020 Wisconsin Appellate Law

Seventh Circuit Respects Corporate Formalities in Assessing Title VII Coverage

Businesses that employ fewer than 15 employees are not subject to federal civil rights laws. Of course, some businesses that employ fewer than 15 employees have sister and parent corporations that also employ workers. Are those entities subject to the federal civil rights laws?

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epearson@foley.com

Milwaukee 414.319.7360

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tshriner@foley.com

Milwaukee 414.297.5601

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