Category Archives: Court of Appeals

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Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

Yesterday, the Wisconsin Court of Appeals released its opinion in Farm-To-Consumer v. Wis. DATCP, 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production. A couple of local farmers had sought a declaratory judgment, invalidating a Wisconsin law criminalizing the distribution and sale of raw milk. The court of appeals’ decision was a long time … Continue reading this entry

Wisconsin Adopts Twombly, Though "No One Is Sure What Twombly Means"

In Data Key Partners v. Permira Advisers LLC, 2014 WI 86, the Wisconsin Supreme Court adopted the “plausibility” pleading standard articulated by the United States Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), which overruled the Conley v. Gibson, 355 U.S. 41 (1957), “beyond doubt”/”no set of facts” standard. Now, in … Continue reading this entry

Wis. Supreme Court Accepts New Case: When Are Covenants Not to Compete Illusory for At-Will Employees?

Last month, the Wisconsin Supreme Court accepted the Court of Appeals’ certification in Runzheimer Int’l, Ltd. v. Friedlen, No. 13AP1392 (Apr. 15, 2014). The intermediate appellate court had certified the following question: “Is consideration in addition to continued employment required to support a covenant not to compete entered into by an existing at-will employee?” This case arises out of … Continue reading this entry

The Precedential Value of Seriatim Wisconsin Court of Appeals Opinions

In April we wrote about the Wisconsin Court of Appeals opinions compelling State Senator Jon Erpenbach to produce non-redacted emails under Wisconsin’s Public Records law. Today, the Court of Appeals ordered that the opinions be published. These opinions raise significant questions regarding their own precedential value. … Continue reading this entry

Unionized Employers: Review the Wage Provisions in Your Collective Bargaining Agreements

Employers face many headaches in a unionized workplace, but one supposed benefit of a union is that it streamlines procedures across large groups of employees. The employer can look to the collective bargaining agreement to know precisely how, when, and how much to pay all of the bargaining unit employees.… Continue reading this entry

Weissman v. Tyson: The Latest Developments in Donning and Doffing in Wisconsin

Earlier this month, the Wisconsin Supreme Court accepted the parties’ voluntary dismissal in Weissman v. Tyson Prepared Foods, 2012AP2196, assuring the precedential status of the court of appeals’ decision. Tyson addressed the compensability under Wisconsin law of time that employees spend pre-shift and post-shift preparing for work by putting on and taking off standard personal protective gear such as gloves, safety … Continue reading this entry

The People’s Business Cannot Be Redacted: The Wisconsin Court of Appeals Directs a State Legislator to Release Withheld Email Information

In a potentially far-reaching decision, the Wisconsin Court of Appeals on April 9, 2014, put individuals, corporations, and others on notice that when they email a public official, their identities and email addresses are likely to be discoverable upon request.… Continue reading this entry

Wisconsin Auto Title Loans v. Jones: Another Round in the Fight Over Concepcion and Federal Arbitration Act Preemption

Last year, around this time in fact, we wrote about the Federal Arbitration Act and the effect of AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), on an argument under Wisconsin law about the unconscionability of an arbitration clause that waived a right to classwide proceedings. That case was Cottonwood Financial, Ltd. v. Estes, … Continue reading this entry

La Crosse Tribune v. Circuit Court for La Crosse County: Creating a Trick Box for an Award of Attorney Fees

In La Crosse Tribune v. Circuit Court for La Crosse County, No. 10AP3120 (Wis. Ct. App., Mar. 15, 2012), the Court of Appeals left a newspaper seeking a statutory fee award for its success in obtaining access to public records in a trick box with no apparent way out.… Continue reading this entry

Marlowe: Court Review of an Arbitrator's Decisions About Discovery Must Await a Final Arbitration Award

In Marlowe v. IDS Property Cas. Ins. Co., No. 11AP2067 (Wis. Ct. App. Mar. 13, 2012), the Court of Appeals, resolving an issue of first impression in Wisconsin, held that a party to an arbitration under the Wisconsin Arbitration Act, Wis. Stat. ch. 788, may not, while the arbitration is pending, seek circuit court review … Continue reading this entry

Marmet Health Care Center, Inc. v. Brown: Another Lesson in the FAA's Preemption

Ignoring established precedent from a superior tribunal is one way for a court to earn a sharp rebuke from a higher court. And that is precisely what happened in a consolidated decision today in Marmet Health Care Center, Inc. v. Brown, No. 11-391, and in Clarksburg Nursing Home & Rehabilitation Center LLC v. Marchio, No. 11-394, … Continue reading this entry

2011 Wisconsin Act 61 -- Venue of Actions vs. State

Act 61 is a new statute that will take effect on November 24 and will apply to all actions commenced on or after that day. And it’s one you should be aware of — both for its effect on venue in the circuit courts of this state and for the unique changes it makes related … Continue reading this entry