Remember the case we told you about last week where the court shutdown plaintiff’s attempt to use non-mutual offensive collateral estoppel? Well, that wasn’t that plaintiff’s only loss that week. In a companion decision, the court also rejected plaintiff’s attempt to use Federal Rule of Civil Procedure 43(a)’s remote trial testimony rule to skirt the
Food, Drug & Agriculture
Wineries to Relinquish Their Class B Licenses
The renewal deadline for municipal liquor licenses is coming up soon and because of the coming changes to Wis. Stat. Ch. 125 (2 weeks away!) we’ve gotten a lot of questions about what wineries are supposed to do this year with their license renewals – renew, or not renew?
Our suggestion is not to renew.…
Policy Exceptions – A Tale of Two Interpretations
Robert Bolger v. Massachusetts Bay Insurance Company, 2022AP742
In Bolger, Massachusetts Bay Insurance Company (MBIC) issued a homeowner’s insurance policy to Bret and Amy Achtenhagen that covered their primary home and further provided personal liability and medical payments to others coverage. The policy contained an exclusion for bodily injury “arising out of the ownership, maintenance,…
Military Disability Pay Not Subject To Division in Divorce Decree
April 16, 2024 – A federal law prohibits a divorce court from dividing miliary disability pay that a veteran opts to receive instead of retirement pay, the Wisconsin Count of Appeals (District II) has ruled.
In a per curiam opinion, the Court of Appeals in DeWeese v. McLin, 2023AP565 (April 3, 2024) also held…
PACT Act Basics: Five Things Tobacco Sellers and Shippers Should Know
The Prevent All Cigarette Trafficking (PACT) Act, 15 U.S.C. § 375 et seq., is a federal law with two primary objectives: (1) to prevent federal and state tax evasion on tobacco products, and (2) to prevent sales of tobacco products to minors. Government agencies, increasingly concerned about cheap, untaxed products getting into the hands of…
How To Sue a Neighbour in Ontario
By Joydip N.
Understanding Legal Grounds for Suing a Neighbour in Ontario
Identifying the Tort of Nuisance and Emotional Distress
When living in close proximity to others, disputes with neighbours can sometimes escalate, leading to the need for legal recourse. In Ontario, the tort of nuisance is a common legal ground for suing a neighbour. This tort addresses…
FCA Verdict Slashed as Unconstitutional Excessive Fine
By Bexis
The result for the defendant (a “distributor of ophthalmologic supplies”) in the False Claims Act decision, United States ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc., ___ F. Supp.3d ___, 2024 WL 489708 (D. Minn. Feb. 8, 2024), was so terrible that something good ended up happening.…
How To Challenge AGCO Monetary Penalties
By Joydip N.
Understanding AGCO’s Regulatory Actions
The Basis for AGCO’s Monetary Penalties
The Alcohol and Gaming Commission of Ontario (AGCO) plays a pivotal role in regulating the province’s cannabis market, ensuring compliance with established laws and regulations. Monetary penalties issued by the AGCO serve as a deterrent against non-compliance and are a critical tool in maintaining market…
Drug pricing: PMPRB announces next steps in Guidelines consultation
The Patented Medicine Prices Review Board (PMPRB) has announced new details regarding the progress of its consultation on new price review Guidelines.
Phase 2: Discussion Guide
The next phase of the PMPRB’s consultation will begin in summer 2024 with the release of a Discussion Guide. As we reported, the first phase of the consultation…
CDC Notes – Babies and Backyard Chickens don’t mix
By Bill Marler
Outbreaks of salmonellosis (infection with non-typhoidal Salmonella) involving young children associated with keeping backyard poultry,* including descriptions of high-risk practices such as keeping poultry inside households and kissing birds, have been well documented (1). During 2023 (as of October 19), backyard poultry–associated salmonellosis outbreaks were reported to CDC from 48 States and Puerto Rico; these…