-
In a claim alleging sexual harassment, it was error for the LIRC to exclude evidence related to the complaint although it occurred more than 300 days prior to filing of the complaint.
2006AP987 Bowen v. LIRC
Issue date: Feb. 12, 2007
-
The dependents of a deceased worker are entitled to death benefits under the worker’s compensation law although the worker’s death occurred before the level of permanent partial disability could be formally established.
2006AP2398 Edward Brothers Inc. v. LIRC
Issue date: March 12, 2007
-
There is no public policy exception to the employment-at-will doctrine for employees who complain of Securities and Exchange Commission reporting violations.
2006AP1328 Repetti v. Sysco Corp.
Issue date: March 5, 2007
-
There is no exception to the Worker’s Compensation Act to liability for an injured employee who is subsequently terminated, even for good cause.
2006AP729 Emmpak Foods Inc. v. LIRC
Issue date: June 11, 2007
-
DWD’s policy of placing W-2 eligible individuals who are deemed ready for employment — but who are nevertheless unemployed — in unsubsidized employment is inconsistent with controlling state law.
2006AP1276 & 2006AP1855 Weston v. DWD
Issue date: June 18, 2007
-
An employer must have a journey worker or hold a journeyman license to hire an apprentice.
2007AP96 Robertson v. DWD
Issue date: Aug. 20, 2007
-
A person can be both an employer under the Wisconsin Compensation Act, and an employee of another.
2006AP2379 Acuity Ins. Co. v. Whittingham
Issue date: Sept. 3, 2007
-
WERC has authority to review a dispute whether a county employee was properly terminated unilaterally for commission of a crime.
2007AP135 & 2007AP136 Brown County v. WERC
Issue date: Oct. 15, 2007
-
Radio Shack store managers were properly classified as supervisors exempt from overtime payments.
2006AP2918 Madely v. RadioShack Corp.
Issue date: Oct. 29, 2007
-
A worker can be an employee of another, even though he has worker’s compensation insurance as an employer.
2007AP692 Lloyd Frank Logging v. Healy
Issue date: Nov. 5, 2007
-
Where an employee could not prove he turned down any other opportunities to work for his employer, he cannot recover on a promissory estoppel theory for breach of contract.
2006AP2891 Tynan v. JBVBB LLC.
Issue date: Nov. 12, 2007
-
Under Wisconsin worker’s compensation law, an injured worker may receive a disfigurement award based on a limp.
2006AP2695 County of Dane v. LIRC
Issue date: Dec. 10, 2007
-
WERC does not have jurisdiction to hear the appeal of an employee on a promotional probationary period.
2007AP813 Kriska v. WERC
Issue date: Dec. 17, 2007
-
A clause in an employment contract that a noncompetition clause is extended by any periods of violation, renders the entire clause invalid.
2006AP1210 H&R Block Eastern Enterprises Inc. v. Swenson
Issue date: Dec. 31, 2007
-
Parties may not agree that child support can only be modified due to catastrophic circumstances, rather than a substantial change in circumstances.
2005AP2674 In re the Marriage of: Wood v. Propeck
Issue date: Feb. 5, 2007
-
Where a stipulation sets a specific amount for child support, it does not create a floating percentage of earnings, even though it states the amount is based on a specific percentage of income.
2006AP858 Waters v. Waters
Issue date: Feb. 19, 2007
-
Parties may stipulate to forgive child support arrearages.
2005AP2776 In re the Marriage of: Motte v. Motte
Issue date: March 12, 2007
-
Where a married woman moved to Wisconsin while pregnant, and gave birth in Wisconsin, Wisconsin has jurisdiction over the divorce and custody dispute.
2006AP2259 Hatch v. Hatch
Issue date: April 30, 2007
-
Financial changes must be substantial to warrant a modification of maintenance.
2006AP1690 Jantzen v. Jantzen
Issue date: June 25, 2007
-
Where one child moves from living with his mother to his father, there has been a substantial change of circumstances warranting modification of child support.
2006AP1872 In re the marriage of: Jalovec v. Jalovec
Issue date: Aug. 20, 2007
-
An attorney’s failure to reserve a right to appeal upon his termination as a client’s agent under a power of attorney constituted a waiver that deprives him of standing to appeal.
2007AP331 Winiarski v. The Village at Manor Park
Issue date: Dec. 10, 2007
-
Where deposits were made to an account comprised of non-marital property, and the deposits may have been from marital property, the account should have
been classified as divisible marital property.
2006AP2111 Wright v. Wright
Issue date: Dec. 10, 2007
-
A circuit court may change a child’s surname after determining paternity.
2007AP752 Rowell-Gofton v. Evans
Issue date: Dec. 17, 2007
-
Where the court allowed a father who had been deported to participate in TPR proceedings via Web cam, he was allowed to meaningfully participate in the proceedings.
2007AP2283 & 2007AP2284 Waukesha County Department of Health & Human Services v. Teodoro E.
Issue date: Dec. 24, 2007
-
A fit parent has the right to allow only an informal, haphazard schedule of visitation for grandparents.
2006AP1766 Rogers v. Rogers
Issue date: Feb. 26, 2007
-
Whether an insured made a false statement, and whether the person knew or should have known the statement was false, is a question of fact for the jury, and should not be decided on summary judgment.
2005AP3049 Pum v. Wisconsin Physicians Service Ins. Corp.
Issue date: Jan. 1, 2007
-
Where a homeowner’s insurance policy provides coverage for offenses, as well as accidents, and personal injuries from wrongful entry, without exception, the insurer had a duty to defend the homeowner in a suit filed by neighbors, alleging that he built his house in violation of setback restrictions.
2006AP405 Liebovich v. Minnesota Ins. Co.
Issue date: Jan. 29, 2007
-
Where a tortfeasor’s insurer had limits that cover the injured party’s damages and the injured party settled, he cannot obtain any of his insurer’s subrogation settlement.
2006AP976 Muller v. Society Insurance
Issue date: Feb. 26, 2007
-
Section 631.83(5) does not toll the statute of limitations for complaints against an insurer by a third party.
2006AP1617 Thom v. OneBeacon Ins. Co.
Issue date: March 12, 2007
-
An insurance policy requiring an insured to pay the first $100,000 of a claim as a self-insured retention is not other insurance as that term is used in another insurance policy providing full coverage.
2006AP1063 Brown County v. OHIC Ins. Co.
Issue date: March 5, 2007
-
A buildup of carbon monoxide in a home is not pollution within the meaning of a pollution exclusion clause in an insurance policy.
2006AP1332 Langone v. American Family Mutual Ins. Co.
Issue date: March 19, 2007
-
If both the owner and driver of a motorcycle are negligent, the anti-stacking provision does not limit coverage to the policy maximum.
2006AP1568 Progressive Casualty Ins. Co. v. Bauer
Issue date: March 26, 2007
-
A CGL that does not explicitly exclude coverage for trademark infringement in its definition of infringement of title must be interpreted to include coverage.
2006AP1153 & 2006AP1974 Acuity v. Bagadia
Issue date: April 30, 2007
-
An indemnitee’s tender is valid, although it occurs before any lawsuit is filed.
2006AP2302 Three T’s Trucking v. Kost
Issue date: May 28, 2007
-
An automobile insurer is not liable to a party injured by its insured after it cancelled the policy for nonpayment, even if it gave no notice to the insured’s leasing company.
2006AP2113 Bruchert v. Tokio Marine & Nichido Fire Ins. Co. Ltd.
Issue date: May 28, 2007
-
There are no exceptions to the four corners rule when measuring an insurer’s duty to defend.
2006AP939 Estate of Sustache v. American Family Mutual Ins. Co.
Issue date: June 4, 2007
-
A rider to an insurance policy may exclude more than preexisting conditions.
2006AP1035 Aul v. Golden Rule Insurance Co.
Issue date: June 18, 2007
-
Where a primary insurer breached its duty to defend, it cannot object to arms-length transactions made by excess insurers.
2005AP2017 Southeast Wisconsin Professional Baseball Park District v. Mitsubishi Heavy Industries America Inc.
Issue date: July 9, 2007
-
An insurer was not prejudiced by its insured’s failure to give timely notice, even though discovery had already begun by the time notice was given.
2006AP1028 International Flavors & Fragrances Inc. v. Valley Forge Ins. Co.
Issue date: July 16, 2007
-
Where a property owner sold polluted land to a buyer with a warranty that the property was not polluted, the insurers of the sellers must provide coverage despite assumed liability exclusions in the policies.
2006AP2704 United Cooperative v. Frontier FS Cooperative
Issue date: July 23, 2007
-
A cabin may be occupied primarily as a dwelling under sec. 632.05(2), even if the owner primarily resides elsewhere, but not if he rents the cabin out to tenants.
2006AP3112 Cambier v. Integrity Mutual Ins. Co.
Issue date: Aug. 6, 2007
-
Independent contractors employed by a municipality are not authorities subject to the open records laws.
2005AP1473, 2005AP174 & 2005AP175 WIREData, Inc. v. Village of Sussex
Issue date: Jan. 8, 2007
-
Where a hardship was not self-created, it was not error to grant a variance.
2006AP1268 Accent Developers, LLC v. City of Menomonie Board of Zoning Appeals
Issue date: March 5, 2007
-
A city cannot impose an extraterritorial minimum lot size on parcels not served by its sewer system.
2006AP1288 Town of Delton v. Liston
Issue date: April 9, 2007
-
A city’s regulatory power to condemn, assess, tax, and zone property within its boundaries is an interest in real property that would allow it to seek a declaration of interests in the property.
2006AP2639 Village of Hobart v. Oneida Tribe of Indians of Wisconsin
Issue date: June 11, 2007
-
A county is liable to a town under sec. 81.38 for half the cost of building a bridge, even if the bridge does not span a preexisting section of highway.
2006AP2554 Town of Madison v. County of Dane
Issue date: June 25, 2007
-
An action to force a city to comply with the direct-legislation statute, sec. 9.20, need not comply with the notice of claim requirements of sec. 893.80(1)(b).
2006AP2697 Oak Creek Citizen’s Action Committee v. City of Oak Creek
Issue date: July 9, 2007
-
Even though a village assured a county that a use was permitted by its zoning classification, the village is not estopped from seeking an injunction prohibiting the county from using the property that way.
2007AP891 Village of Hobart v. Brown County
Issue date: Oct. 29, 2007
-
Under sec. 32.28(1), only litigation expenses incurred after the date of the jurisdictional offer in a condemnation case can be recovered.
2006AP585 D.S.G. Evergreen F.L.P. v. Town of Perry
Issue date: March 12, 2007
-
Where a property owner built a house too close to a shoreline, in violation of a restrictive covenant, the court has discretion to order damages to other property owners, rather than that the structure be razed.
2006AP40 Hall v. Gregory A. Liebovich Living Trust
Issue date: March 19, 2007
-
A strict foreclosure action on a land contract takes precedence over a pending foreclosure action brought by a judgment lienholder.
2006AP1578 & 2006AP1579 Republic Bank of Chicago v. Lichosyt
Issue date: May 28, 2007
-
A correction of the description of property in a deed cannot be made by simply recording an affidavit from the broker.
2006AP3083 Smiljanic v. Niedermeyer
Issue date: June 18, 2007
-
The holder of a construction lien involved in litigation need not file a lis pendens, if another party has already recorded one.
2006AP3180 Carolina Builders Corp. v. Dietzman
Issue date: July 23, 2007
-
Where a shoreland owner was given permission to build a second floor on the condition he remove a non-conforming deck, the zoning board properly denied him a variance seeking to keep the deck.
2006AP3067 Block v. Waupaca County Board of Zoning Adjustment
Issue date: Aug. 6, 2007
-
The statute of limitations for seeking relocation payments begins when when the condemnor executes its writ of assistance.
2006AP2292 C. Coakley Relocation Systems Inc. v. City of Milwaukee
Issue date: Aug. 20, 2007
-
Where a lienholder would be unjustly enriched absent subrogation of another’s interest, she is not prejudiced by priority being given to that interest.
2007AP260 Ocwen Loan Servicing LLC v. Williams
Issue date: Oct. 8, 2007
-
Equitable subrogation does not require payment of interest from another innocent party.
2006AP2908 Countrywide Home Loans Inc. v. Schmidt
Issue date: Oct. 15, 2007
-
Where a utility has maintained electrical power poles and transmission lines on property for more than ten years, it obtains a prescriptive right to continue the use under sec. 893.28.
2007AP52 Williams v. American Transmission Co. LLC
Issue date: Oct. 15, 2007
-
Section 703.10(6) permits condominiums to restrict occupancy to owners.
2007AP191 Apple Valley Gardens Assn. Inc. v. Machutta
Issue date: Dec. 3, 2007
-
Where a driveway ran across a property, the purchasers had constructive notice that the property may be subject to an easement.
2006AP2462 Anderson v. Quinn
Issue date: Nov. 26, 2007
-
Even if the phone company unlawfully charged sales taxes on charges that were not for telecommunication services, the voluntary payment doctrine precludes class action status.
2005AP2355 Butcher v. Ameritech Corp.
Issue date: Jan. 1, 2007
-
Where software required 3,000 modifications requested by the buyer, it is customized software exempt from the sales and use tax under sec. 77.51(20).
2004AP3239 DOR v. Menasha Corp.
Issue date: Feb. 5, 2007
-
A taxpayer may not setoff his gambling winnings with his losses.
2006AP1660 Dettwiler v. DOR
Issue date: April 2, 2007
-
Unless an equipment rental company refrains from all rentals of equipment for more than one month, the equipment is subject to municipal personal property taxes.
2005AP1440 United Rentals Inc. v. City of Madison
Issue date: May 7, 2007
-
A city may base property taxes based on the rents paid pursuant to a long-term lease, rather than market rents for comparable properties.
2006AP1859 Walgreen Co. v. City of Madison
Issue date: May 28, 2007
-
In calculating a taxpayer’s estate tax, the DOR cannot include gifts made in contemplation of death.
2006AP984 DOR v. Schweitzer
Issue date: Dec. 17, 2007
-
A negligence complaint alleging that adults knowingly permitted underage high school students to consume alcohol on their property and to drive away intoxicated, resulting in a car accident, is not barred by public policy.
2006AP364 Nichols v. Progressive Northern Ins. Co.
Issue date: Feb. 5, 2007
-
A party who maintains a snowmobile trail is entitled to recreational immunity.
2006AP914 Held v. Ackerville Snowmobile Club Inc.
Issue date: Feb. 26, 2007
-
A plaintiff suing a criminal defense attorney for malpractice must prove actual innocence, even if the attorney was only retained for appeal, rather than trial.
2006AP1075 Tallmadge v. Boyle
Issue date: Feb. 26, 2007
-
The question of a plaintiff’s competency under sec. 807.10 is a question of fact, rather than law.
2006AP963 Kainz v. Ingles
Issue date: March 19, 2007
-
Where various procedures were all related to treating the same condition, they give rise to a single action for medical malpractice, and the statute of limitations does not begin until the last act of negligence.
2006AP1654 Forbes v. Stoeckl
Issue date: May 14, 2007
-
A drug and alcohol rehabilitation center that treats a physician at his employer’s expense is immune from suit for defamation by the physician, pursuant to sec. 146.37(1g).
2006AP1521 Rechsteiner v. Hazelden
Issue date: May 28, 2007
-
The plain language of sec. 895.04(4) all
ows an adult child to recover for loss of society and companionship following the death of a parent.
2006AP1773 Pierce v. American Family Mutual Ins. Co.
Issue date: June 11, 2007
-
Where it cannot be ascertained whether a child had yet been conceived at the time of a doctor’s misdiagnosis of his father, who later died, summary judgment was improperly granted to the doctor on the child’s derivative malpractice claim.
2006AP1125 Brusa v. Mercy Health System Inc.
Issue date: June 11, 2007
-
A defectively designed step is a structural defect, subject to the 10-year statute of repose.
2006AP2421 Rosario v. Acuity
Issue date: July 16, 2007
-
Where there are material facts in dispute, it is error to rule in favor of the defendant pursuant to the Good Samaritan statute.
2007AP51 Clayton v. American Family Mut. Ins. Co.
Issue date: Oct. 1, 2007
-
Shareholders can sue the corporation’s accountants for the damages suffered as individuals, and can recover all damages that flow from the misconduct.
2006AP1573 & 2006AP2290 Krier v. Vilione
Issue date: Oct. 8, 2007
-
The integration of one product, whether manufactured or not, into another product that is thereby made dangerously defective, does not, by that fact alone, impose liability on the maker of the integrated product.
2006AP002670 Ruben Baez Godoy v. E.I. du Pont de Nemours and Company
Issue date: Oct. 22, 2007
-
When sec. 895.049 bars a reduction of damages, it also precludes a person’s failure to wear a helmet from being considered a form of negligence.
2006AP2861 Hardy v. Hoefferle
Issue date: Nov. 12, 2007
-
Municipalities are immune from suit for the negligent design and installation of water mains.
2006AP3053 DeFever v. Liberty Mut. Ins. Co.
Issue date: Dec. 3, 2007
-
A first-year medical resident is not a borrowed employee, so the damage caps in Chapter 655 do not apply.
2006AP2599 Phelps v. Physicians Ins. Co. of Wisconsin Inc.
Issue date: Dec. 10, 2007
-
To show a violation of sec. 125.075(1), causing death by procuring alcohol for a minor, the State need not establish direct contact between the defendant and the minor.
2005AP2839-CR State v. Wille
Issue date: Feb. 5, 2007
-
A court may impose jury fees against the State for canceling a jury trial less than three days before trial.
2006AP139 Flottmeyer v. Circuit Court for Monroe County
Issue date: Feb. 26, 2007
-
Where a brief failed to include the transcript of a hearing and decision by the trial court, the appellant is sanctioned $150.
2006AP1625-CR State v. Bons
Issue date: March 19, 2007
-
A court, rather than a jury, may determine the applicability of a prior conviction for sentence enhancement where the applicability of the prior conviction is readily determined on the existing judicial record.
2006AP672-CR State v. LaCount
Issue date: March 26, 2007
-
The traditional rules barring impeachment of a jury verdict after the court has accepted the verdict apply with equal force in a bifurcated trial where the issue of juror dissent does not arise until the second phase of the proceedings.
2006AP1544-CR State v. Wery
Issue date: June 18, 2007
-
Where the courthouse doors were locked and the public denied access to the courtroom while the defense presented its case and the State presented its rebuttal, the defendant’s right to a public trial was violated.
2006AP2535 State v. Vanness
Issue date: July 9, 2007
-
Where only one conviction is defective in a plea colloquy involving multiple charges, a trial court may allow withdrawal of the guilty plea only on the defective conviction, leaving the remainder of the pleas intact.
2006AP1574-CR State v. Roou
Issue date: July 23, 2007
-
A court should not convert a motion for sentence modification into a motion for resentencing without the defendant’s approval.
2006AP1338-CR State v. Wood
Issue date: July 23, 2007
-
It was not ineffective assistance of counsel for attorneys to not object to the prosecutor’s recommendations regarding extended supervision and probation, where the prosecutor recommended the agreed amount of prison time.
2006AP2509, 2006AP2510 & 2006AP2511 State v. Quarzenski
Issue date: Aug. 27, 2007
-
The Double Jeopardy Clause does not bar multiple prosecutions for repeated sexual assault of a child where the acts occurred in multiple venues.
2006AP2727-CR State v. Nommenson
Issue date: Sept. 24, 2007
-
It was not improper for the prosecutor to comment on the fact that the defendant’s wife did not appear, despite being subpoenaed by the State.
2005AP2672-CR State v. Cockrell
Issue date: Oct. 1, 2007
-
Where the State would suffer prejudice if the defendant were allowed to withdraw his guilty plea, the court properly denied the motion to withdraw.
2006AP3152-CR State v. Rushing
Issue date: Oct. 1, 2007
-
Where a defendant is deaf, it was error to deny an evidentiary hearing on whether he was able to effectively communicate with his attorney without a translator.
2007AP226-CR State v. Jones
Issue date: Oct. 29, 2007
-
A suspect’s statement, “Then put me in jail. Just get me out of here. I don’t want to sit here anymore, alright? I’ve been through enough today,” is not an unequivocal announcement that she wishes to exercise her right to remain silent.
2006AP2871-CR State v. Markwardt
Issue date: Nov. 5, 2007
-
A suspect was not in custody at the lobby of a sheriff’s office where he was not told he had to wait for an ambulance, was not told he was under arrest, was not handcuffed, and was not physically restrained in any way.
2007AP636-CR State v. Torkelson
Issue date: Nov. 19, 2007
-
The State need not include the enacting clause for each particular statute for jurisdiction to exist.
200
6AP2168-CR State v. Weidman
Issue date: Dec. 3, 2007
-
Where a defendant did not object to the exclusion of family members from trial, appellate review is for ineffective assistance of counsel, and the defendant must show prejudice.
2007AP5-CR State v. Ndina
Issue date: Nov. 26, 2007
-
It was ineffective assistance of counsel for a defense attorney not to object to his client’s being fitted with a taser armband visible to the jury during trial.
2006AP2435-CR State v. Champlain
Issue date: Dec. 10, 2007
-
Gaps in the chain of command of evidence are relevant to the weight of the evidence but do not preclude its admission.
2006AP522-CR State v. McCoy
Issue date: Jan. 1, 2007
-
Even though an expert witness for the State misrepresented his credentials, a defendant is not entitled to a new trial.
2005AP2311-CR State v. Plude
Issue date: March 12, 2007
-
A one-party consent recording that was not obtained in cooperation with law enforcement is inadmissible evidence.
2005AP2175-CR State v. Duchow
Issue date: April 9, 2007
-
In a prosecution for felon in possession, it was error to exclude evidence that another person present was also a convicted felon.
2006AP1240-CR State v. Jackson
Issue date: May 14, 2007
-
It was improper to admit the testimony of a gang expert, absent evidence that the defendant was a gang member.
2006AP2436-CR State v. Burton
Issue date: Nov. 5, 2007
-
Where a witness had no motive to be untruthful, it was harmless error for the State to fail to disclose his prior criminal record.
2007AP516-CR State v. Rice
Issue date: Dec. 24, 2007