PATIENCE DRAKE ROGGENSACK , J. 1 We review a decision of the court of appeals 1 affirming an order of the circuit court 2 that granted summary judgment to Rural Mutual Insurance Company, Regent Insurance Company and General Casualty Company of Wisconsin. Our review focuses on the interpretation of pollution exclusion clauses in commercial and contractor general liability insurance policies. 2 We conclude that a reasonable insured would understand that decomposing septage is a "...
MICHAEL J. GABLEMAN , J. 1 We review a published decision of the court of appeals 1 reversing the Washington County circuit court's order granting declaratory judgment in favor of Wilson Mutual Insurance Company ("Wilson Mutual"). 2 The circuit court concluded that Wilson Mutual had no duty to defend or indemnify Robert and Jane Falk ("the Falks") against allegations that in 2011 they negligently spread manure 3 on their property and thereby polluted their neighbors' wells because...
ANN WALSH BRADLEY , J. 1 Petitioners, George Kontos and his insurance company, Homestead Mutual Insurance Company, seek review of a published decision of the court of appeals. It affirmed the circuit court's determination that Kontos could be held liable to the plaintiff, Julie Augsburger, for injuries caused by his daughter's dogs. 1 2 Kontos contends that he cannot be held strictly liable for injuries caused by the dogs because he is not an "owner" of the dogs under the statutory...
ANNETTE KINGSLAND ZIEGLER , J. 1 This is a review of a published decision of the court of appeals 1 affirming the Milwaukee County Circuit Court's 2 order granting summary judgment and declaratory and injunctive relief to Suzanne Stoker ("Stoker") 3 and her labor union, the Wisconsin Federation of Nurses and Health Professionals, Local 5001, AFT, AFL-CIO ("the Federation"). The suit was filed against the respondents, Milwaukee County and the Milwaukee County Pension Board ("the...
ORDER ATTORNEY disciplinary proceeding. Attorney's license suspended. PER CURIAM . We review a referee's report and recommendation concluding that Attorney John J. Carter violated the rules of professional conduct in connection with his representation of N.N. The referee recommended that this court impose a three-year suspension of Attorney Carter's law license and that it require Attorney Carter to pay full costs in connection with this matter, which total $6,680.62 as of September 24,...
ON CERTIFICATION FROM THE COURT OF APPEALS MICHAEL J. GABLEMAN, J. 1 In March 2011, the Wisconsin Legislature passed Act 10, 1 a budget repair bill proposed by Governor Scott Walker. Act 10 significantly altered Wisconsin's public employee labor laws. Act 10 prohibits general employees from collectively bargaining on issues other than base wages, prohibits municipal employers from deducting labor organization dues from paychecks of general employees, imposes annual recertification...
PATIENCE DRAKE ROGGENSACK, J. 1 This appeal arises from a judgment of the Dane County Circuit Court 1 granting declaratory and injunctive relief based on the circuit court's conclusion that 2011 Wis. Act 23, Wisconsin's voter photo identification act, violates the Wisconsin Constitution. 2 Plaintiffs challenge Act 23 under Article III, Section 1 of the Wisconsin Constitution. 2 They contend that the law is invalid because "it would severely burden a significant number of qualified...
PATIENCE DRAKE ROGGENSACK, J. 1 We review a decision of the court of appeals 1 reversing an order of the circuit court 2 that declared portions of Wisconsin's voter identification law, 2011 Wis. Act 23, unconstitutional and permanently enjoined its enforcement. 2 Plaintiffs, the League of Women Voters of Wisconsin Education Network, Inc., and its president, Melanie G. Ramey, 3 bring a facial challenge to the law under the Wisconsin Constitution. 4 The League asserts that the...
N. PATRICK CROOKS, J. 1 Wisconsin voters amended the state constitution in 2006, adding two sentences: "Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized in this state." 1 In this case we are asked to determine whether Wis. Stat. Chapter 770, by which the legislature created the legal status of domestic...
ON CERTIFICATION FROM THE COURT OF APPEALS SHIRLEY S. ABRAHAMSON, C.J. 1 This is an appeal from a judgment of the circuit court for Racine County, Charles H. Constantine, Judge, dismissing the action of Eileen W. Legue, the plaintiff, 1 against the City of Racine and Amy L. Matsen, a Racine police officer. 2 The court of appeals certified the appeal to this court pursuant to Wis. Stat. (Rule) 809.61. 2 This appeal originates from a collision at an intersection in the City of...
ANNETTE KINGSLAND ZIEGLER, J. 1 This is a review of two per curiam decisions of the court of appeals, State v. Cummings, No. 2011AP1653-CR, unpublished slip op., 346 Wis.2d 279 , 827 N.W.2d 928 (Wis.Ct.App. Jan. 10, 2013), and State v. Smith, No. 2012AP520-CR, unpublished slip op., 346 Wis.2d 280 , 827 N.W.2d 929 (Wis.Ct.App. Jan. 23, 2013). In Cummings the court of appeals affirmed the orders of the Portage County Circuit Court, 1 denying Carlos A. Cummings' ("Cummings")...
DAVID T. PROSSER, J. 1 This is a review of an unpublished decision of the court of appeals, State v. Subdiaz-Osorio, No. 2010AP3016-CR, unpublished slip op., 2012 WL 5512066 (Wis. Ct.App. Nov. 15, 2012). 2 The case involves the increasingly busy intersection between Fourth Amendment privacy considerations and the constant advancement of electronic technology. The court must determine whether law enforcement officers may contact a homicide suspect's cell phone provider to obtain the...
PATIENCE DRAKE ROGGENSACK, J. 1 We review a decision of the court of appeals 1 reversing, in part, an order of the circuit court 2 that dismissed the Second Amended Complaint because it failed to state a claim upon which relief could be granted. Plaintiffs claim that defendants violated their fiduciary duties to the minority shareholder by selling Renaissance Learning, Inc. to Permira Advisers, LLC. 3 Defendant directors contend that plaintiffs have not pled facts sufficient to show that...
DAVID T. PROSSER, J. 1 This is a review of an unpublished decision of the court of appeals. 1 2 The case involves the prosecution of a juvenile offender in adult court. 2 Wisconsin's Juvenile Justice Code gives adult courts exclusive original jurisdiction over juveniles who are alleged to have committed certain serious offenses. Wis. Stat. 938.183(1) (2009-10). 3 The statute also gives exclusive original jurisdiction over juveniles who are alleged to have attempted to commit a...
DAVID T. PROSSER, J. 1 This is a review of an unpublished decision of the court of appeals. 1 The issue presented has been framed by the defendant as whether the defendant is "entitled to an evidentiary hearing based on his Wis. Stat. 974.06 motion alleging ineffective assistance of postconviction counsel for failing to raise a strong argument for plea withdrawal[.]" 2 This somewhat innocuous statement of the issue requires the court to conduct a wide-ranging discussion of...
SHIRLEY S. ABRAHAMSON, C.J. 1 This is an appeal of a judgment of the circuit court for Waukesha County, J. Mac Davis, Judge, granting summary judgment in favor of Jeffrey Brown, American Family Mutual Insurance Company, and Regent Insurance Company (collectively the defendants). The part of the judgment at issue here dismissed the consolidated actions of Hailey Marie-Joe Force, Mehgan Force, and Lauren Force, collectively the minor children of Billy Joe Force, the deceased, against the...
DAVID T. PROSSER, J. 1 This is a review of a published decision of the court of appeals 1 affirming a circuit court order that affirmed a Labor and Industry Review Commission (LIRC) determination. 2 The case requires statutory interpretation to determine whether uncompensated interns are entitled to the anti-retaliation protections of Wis. Stat. 146.997 (2007-08) 2 — Wisconsin's health care worker protection statute. Because this case involves an administrative agency's interpretation...
DAVID T. PROSSER, J. 1 This is a review of a published decision of the court of appeals 1 relating to the applicability of federal preemption under the Federal Railroad Safety Act (FRSA). 2 The FRSA and its accompanying federal regulations normally preempt state law claims relating to train speed. 49 U.S.C. 20106 (2006). However, there are exceptions. One exception provides that regardless of the speed set by the federal regulations, federal preemption does not foreclose a lawsuit...
PATIENCE DRAKE ROGGENSACK, J. 1 We review a decision of the court of appeals 1 affirming an order of the Rock County Circuit Court 2 that compelled plaintiff Russell Adams to accept a settlement offer from defendant Northland Equipment Company, Inc. that Adams' employer's worker's compensation insurer, The League of Wisconsin Municipalities Mutual Insurance Company (LWMMIC), chose to accept. 2 Adams sued Northland and its insurer, Cincinnati Insurance Company, pursuant to Wis. Stat....
MICHAEL J. GABLEMAN, J. 1 The petitioner, State of Wisconsin, seeks review of a published court of appeals decision 1 that reversed the circuit court's judgment of conviction against the defendant, Muhammad Sarfraz, and remanded the case for a new trial. The court of appeals determined that the circuit court had erred by denying Sarfraz's motion to admit evidence of a prior sexual relationship with the complainant, I.N., because the evidence fit within a statutory exception to Wisconsin's...
