1 SHIRLEY S. ABRAHAMSON, C.J. This case calls upon the court to interpret once again the Wisconsin Public Records Law. 1 The duties of government authorities under the Public Records Law are of substantial and continuing interest. 2 We are reviewing a published decision of the court of appeals that reversed a judgment of the Circuit Court for Juneau County, Charles A. Pollex, Judge. 2 The circuit court dismissed the complaint of the Juneau County Star-Times and George Althoff (collectively,...
PER CURIAM. 1 Attorney Joseph W. Weigel has appealed from a referee's report concluding that he engaged in professional misconduct and recommending that his license to practice law in Wisconsin be suspended for 30 months. The Office of Lawyer Regulation (OLR) has cross-appealed as to the sanction recommended by the referee. The OLR asks this court to revoke Attorney Weigel's license to practice law. 2 We conclude that the referee's findings of fact are supported by satisfactory and...
ATTORNEY disciplinary proceeding. Attorney's license suspended. PER CURIAM. 1 Attorney Nikola P. Kostich has appealed from a referee's report concluding that he engaged in professional misconduct and recommending that his license to practice law in Wisconsin be suspended for a period of 60 days. 2 We conclude that all of the referee's findings of fact are supported by satisfactory and convincing evidence. We agree that the appropriate discipline for Attorney Kostich's misconduct is a...
PER CURIAM. 1 Attorney Nikola P. Kostich has appealed from a referee's report concluding that he engaged in professional misconduct and recommending that his license to practice law in Wisconsin be suspended for a period of 60 days. 2 We conclude that all of the referee's findings of fact are supported by satisfactory and convincing evidence. We agree that the appropriate discipline for Attorney Kostich's misconduct is a 60-day suspension of his license to practice law. We further conclude...
DAVID T. PROSSER, J. 1 This is a review of an unpublished decision of the court of appeals, reversing an order of the St. Croix County Circuit Court, Howard W. Cameron, Jr., Judge. The circuit court dismissed the inverse condemnation claims of several landowners whose property is close or immediately adjacent to the New Richmond Regional Airport (Airport). The landowners alleged that an extension of the Airport's runway by 1500 feet amounted to the compensable taking of an easement because...
DAVID T. PROSSER, J. 1 This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. (Rule) 809.61 (2009-10). 1 Joseph J. Spaeth (Spaeth) appealed his convictions of four counts of child enticement after the Winnebago County Circuit Court, William H. Carver, Judge, declined to suppress an incriminating statement Spaeth made to Oshkosh police officers who were conducting a follow up investigation of incriminating admissions that Spaeth made to his probation...
ON CERTIFICATION FROM THE COURT OF APPEALS PATIENCE DRAKE ROGGENSACK, J. 1 This is an appeal from a decision of the Circuit Court for Walworth County 1 that the court of appeals has certified to us pursuant to Wis. Stat. 809.61 (2009-10). 2 We are asked to decide whether, under the First Amendment of the United States Constitution and Article I, Section 18 of the Wisconsin Constitution, Kathleen DeBruin's complaint against St. Patrick Congregation (St. Patrick), alleging that her...
MICHAEL J. GABLEMAN, J. 1 We review an unpublished, per curiam decision of the court of appeals, 1 reversing a declaratory judgment of the Dane County Circuit Court, Patrick J. Fiedler, Judge. 2 We are asked to decide whether a charitable hospital may pursue payment for medical care provided to a Medicaid-eligible patient by filing a lien against a settlement between the patient and an insurance company covering the liability of a tortfeasor responsible for the patient's injuries. To...
PATIENCE DRAKE ROGGENSACK, J. 1 This case comes before us by certification from the court of appeals, pursuant to Wis. Stat. 809.61 (2009-10). 1 We are asked to decide whether the Public Service Commission of Wisconsin (PSC) correctly concluded that Wisconsin Power and Light's (WPL) application to construct a large, out-of-state, electric generating facility was properly reviewed under Wis. Stat. 196.49(3), the "Certificate of Authority" (CA) statute, 2 or whether Wis. Stat. 196....
DAVID T. PROSSER, J. 1 This is a review of a published decision of the court of appeals, Wisconsin Public Service Corp. v. Arby Construction, Inc., 2011 WI App 65, 333 Wis.2d 184 , 798 N.W.2d 715 , affirming an order of the Brown County Circuit Court, Donald R. Zuidmulder, Judge. The two plaintiffs, Wisconsin Public Service Corporation (WPSC) and Associated Electric & Gas Insurance Services Limited (AEGIS), brought suit against the defendant, Arby Construction, Inc. (Arby), for...
MICHAEL J. GABLEMAN, J. 1 We review a published decision of the court of appeals 1 reversing an order of the Rock County Circuit Court, James E. Welker, Judge. The circuit court order reversed and remanded the cause to the State Livestock Facilities Siting Review Board ("Siting Board"), which had affirmed with modifications a permit issued by the Town of Magnolia ("Town"). The Town had granted an application for a livestock facility siting permit submitted by Larson Acres, Inc. ("Larson"),...
PATIENCE DRAKE ROGGENSACK, J. 1 This is a review of a published decision of the court of appeals. 1 That court reversed the decision of the circuit court, 2 which had granted summary judgment in favor of Auto-Owners Insurance Company. The sole question for review is whether a reasonable insured would read the Executive Umbrella insurance policy at issue here to afford $2,000,000 of uninsured motorist (UM) coverage. 2 This case arose from a fatal motorcycle accident in which Steven...
ATTORNEY disciplinary proceeding. Attorney publicly reprimanded. PER CURIAM. 1 Attorney Joseph W. Weigel appeals Referee Christine Harris Taylor's report and recommendation that his license to practice law in Wisconsin be suspended, and that he should pay the costs of the disciplinary proceeding. Attorney Weigel argues that the referee erroneously concluded he committed the misconduct alleged in the OLR's complaint. 2 On review, we accept the referee's factual findings and her...
PATIENCE DRAKE ROGGENSACK, J. 1 This is a review of a published decision of the court of appeals 1 that affirmed in part and reversed in part the judgment of the Circuit Court for Milwaukee County. 2 The questions before this court stem from damages sustained because of food contaminated by E. coli 0157:H7 pathogens at two Sizzler Steak House restaurants in the Milwaukee area. 3 The plaintiffs in the underlying actions settled years ago, and the claims now before us relate to the...
MICHAEL J. GABLEMAN, J. 1 We review a published decision of the court of appeals 1 affirming orders of the circuit court for Milwaukee County, Jeffrey A. Wagner and Jeffrey A. Conen, Judges. 2 2 We are asked to decide whether Wisconsin Statutes chapter 980 (2005-06) 3 requires the dismissal of a pending commitment petition when the individual subject to the petition is re-incarcerated because of the revocation of parole or extended supervision. We hold that the State may proceed with a...
N. PATRICK CROOKS, J. I have given careful consideration to Justice David T. Prosser's motion for my recusal from participation in the judicial disciplinary proceedings against him, Case No.2012AP566-J. Initially, I concluded that this recusal motion was premature because the judicial discipline statutes, Wis. Stat. 757.81 through 757.99 (2009-10), do not require this court to act at this stage in the proceedings. Nevertheless, I have decided that I now want to issue my decision on Justice...
MICHAEL J. GABLEMAN, J. 1 This case comes before us on certification from the court of appeals. The State brought a civil action against Pharmacia Corporation ("Pharmacia"), alleging that the company reported inflated drug prices to Wisconsin Medicaid. A jury found Pharmacia liable for violating Wisconsin Statutes sections 100.18(1) (1992) 1 — the Deceptive Trade Practices Act ("DTPA") — and 49.49(4m)(a)2. ("Medicaid fraud statute"). The jury awarded the State $2 million for the DTPA...
PATIENCE DRAKE ROGGENSACK, J. 1 This is an appeal of a decision of the Circuit Court for Rock County that the court of appeals has certified to us. The certification asks us to determine whether circuit court commissioners are prohibited from issuing warrants because doing so involves the exercise of judicial power, which Douglas Meier Williams argues is vested solely in courts and elected judges by Article VII, Section 2 of the Wisconsin Constitution. Williams asserts that the search...
SHIRLEY S. ABRAHAMSON, C.J. 1 Marco A. Marquez, the consumer, brought this action against Mercedes-Benz USA, LLC, alleging that his new car was a "lemon," as defined in Wis. Stat. 218.0171(2) (2005-06); 1 that he requested a refund and provided Mercedes-Benz with the required notice and information; and that Mercedes-Benz failed to provide a refund within the 30-day statutory period as required by Wis. Stat. 218.0171(2)(c). 2 The Lemon Law provides that "[i]f a new motor vehicle does...
SHIRLEY S. ABRAHAMSON, C.J. 1 This is an employment discrimination case. The state and federal antidiscrimination statutes are remedial; they are designed to remedy problems identified by the state legislature and Congress. 2 The Wisconsin legislature has declared that it is the legislative intent "to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination." 1 The Wisconsin Fair Employment Act is designed to...
