In ‘Cottonwood Financial v. Estes’ (2009AP760) the plaintiff
sued the defendant in small claims court for an unpaid payday
loan debt, and the defendant counterclaimed alleging violation
of the Wisconsin Consumer Act. The plaintiff then moved for a
stay of proceedings and an order compelling arbitration pursuant
to an arbitration agreement that was part of every payday loan
contract.
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In a recent decision, the Wisconsin Supreme Court revisited the
"ministerial duty" exception to governmental immunity. In 'Pries
v. McMillon', 2010 WI 63, (2008AP89) a majority of the court
found that a state employee was not entitled to immunity for
negligently disassembling horse stalls at the Wisconsin State
Fair Park. According to the dissent, however, the decision opens
up a can of worms by finding a ministerial duty in part based on
unwritten procedures.
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In 'Pagoudis v. Korkos' (2008AP2965)k the plaintiff had sued the
defendant for medical malpractice, alleging that the defendant
failed to inform him of a final pathology report and failed to
require follow-up care associated with his medical condition.
The plaintiff had undergone medical treatment in the year 2000
and did not seek follow-up care, but he claimed that he was not
told of the final pathology report or need for additional
treatment.
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In 'Anthony v. Erie Insurance' (2009AP259), the plaintiff had
sued his landlord and a repairman for negligently repairing and
maintaining the property he rented, and for violation of the
Wisconsin Safe-Place Law, Wis. Stat. §101.11, alleging that he
sustained injuries when a handrail gave way and caused him to
fall down a stairwell. The defendants moved for summary judgment
on the safe place claim, arguing that the rental duplex was not
covered by the safe place statute.
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"This appeal concerns a negligence claim by Watertown Tire
Recyclers against an insurance agent for the agent's alleged
failure to procure a policy that protected Watertown against a
substantial and anticipated risk, a stockpile tire fire...
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