There’s only one date on the Wisconsin Supreme Court’s January oral argument calendar, but it packs a pair of interesting civil cases. Before previewing those cases, this update begins with a look at the court’s first significant products liability decision in over a decade.
James M. Sosnoski and Caleb R. Gerbitz host this episode.
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Denial of Coverage Under the Pollution Exclusion for Claims Arising out of Exposure to PFAS
Pamela J. Tillman
The newest “emerging contaminants” of national concern are PFAS — the acronym for thousands of chemicals in the group of perfluoroalkyl and polyfluoroalkyl substances. PFAS are human-made chemicals used in a wide variety of manufactured products in order to resist and repel oil, stains, heat and water, and some studies have associated…
Wisconsin Supreme Court Update: January 2023
Caleb R. Gerbitz
There’s only one date on the Wisconsin Supreme Court’s January oral argument calendar, but it packs a pair of interesting civil cases. Before previewing those cases, this update begins with a look at the court’s first significant products liability decision in over a decade.
Cases Decided
Murphy v. Columbus McKinnon Corp.,…
PODCAST: Wisconsin’s New Business Entity Law – Part 2
Meissner Tierney Fisher & Nichols s.c. shareholders Thomas J. Nichols, Randal J. Brotherhood and Adam J. Tutaj discuss Wisconsin’s New Business Entity Law (Act 258), which is set to become effective on January 1, 2023. In this second part, they conclude their discussion of Wisconsin’s adoption of the Revised Uniform Limited Liability Company Act and…
What is “Dicta” in Wisconsin’s Appellate Courts?
James M. Sosnoski
The Wisconsin Court of Appeals, as well as the circuit courts, are bound by previous published appellate decisions, which means that they must follow published decisions unless and until those decisions are overruled by the Supreme Court of Wisconsin. This requirement to follow previous decisions, or “precedent,” is commonly referred to as…
Wisconsin Supreme Court Update: December 2022
Caleb R. Gerbitz
With the state’s high court issuing its first decisions of the year, what had been a monthly “preview” column now becomes an “update.” We’ll take a look at the couple cases the court decided over the past several weeks, then turn our attention to the two civil cases set for argument on…
Defeating Grey Market Pirates on the High Seas of Commerce: The First Sale Doctrine and Protecting Your Brand from Factory to End Consumer
Scott T. Reigle
Every producer of consumer products has some version of this story: You spend untold time, money, and effort perfecting your product and the end user’s experience for the simple reason that satisfied customers are repeat customers, and repeat customers recommend products to family and friends. You strive to control every aspect you…
Wisconsin Supreme Court Preview: November 2022
Caleb R. Gerbitz
Interpretation will be the supreme court’s primary task next month, as the court’s November oral argument calendar lists three civil cases, each touching on intriguing questions of statutory and contract interpretation.
Banuelos v. University of Wisconsin Hospitals and Clinics Authority, No. 2020AP1582
Healthcare
Oral Argument: November 1
For the second time in…