The plaintiff sued the defendant for legal malpractice in connection to his representation of it in a construction dispute, and the defendant counterclaimed for attorney fees. The construction dispute lawsuit had been dismissed as a sanction for spoliation of evidence. In the legal malpractice suit, the defendant moved for summary judgment on the grounds that because the plaintiff participated in the spoliation activities it should not be allowed to recover, under the doctrine of in pari delicto (a plaintiff who participatesin wrongdoing cannot recover damages resulting from that wrongdoing). The circuit court granted the defendant’s summary judgment, and the plaintiff appealed to the court of appeals which affirmed the circuit court. ... >> Read More...

The plaintiffs sued the defendants for exposure to carcinogenic chemicals allegedly released into a neighborhood where they lived. They did not allege that they had suffered adverse health effects as a result. Rather, they claimed that their exposure to the chemicals caused an increased risk of cancer and other diseases, and that their damages consisted of the need for increased medical monitoring and future tests. The defendants moved for summary judgment, arguing that the plaintiffs had failed to state a claim upon which relief may be granted because they had not yet suffered an actual injury, which is required under Wisconsin law. The plaintiffs asserted that the chemicals coming into contact with their bodies constituted an assault or “affront to their bodies,” and thus they had grounds to pursue damages.>> Read More...

The plaintiff sued the defendants Cliff Bass and MRI Network Sales Consultants of Plantation for breach of contract, even though its contract was with a company named Rabrob Corp., of which Cliff Bass was managing director. The summons and complaint listing Mr. Bass and MRI Network Sales Consultants of Plantation as defendants was served upon Mr. Bass in his individual capacity and as “managing director” of MRI Network Sales Consultants of Plantation. Neither Mr. Bass nor MRI Network Sales Consultants of Plantation filed an answer, and the plaintiff moved for and received a default judgment against them. The defendants then moved to vacate the default judgment, arguing that the circuit court had no personal jurisdiction over them in relation to the claims made in the complaint because the contract was between the plaintiff and Rabrob Corp. The circuit court denied the defendants’ motion and they appealed to the court of appeals.>> Read More...

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A worker, Wasmund, sustained a low back work injury on December 11, 2001, and she was paid worker’s compensation benefits. In 2007, she filed an application for prospective medical treatment, specifically surgical intervention. The worker’s compensation insurer denied the claim on the basis of IME reports and the claim proceeded to hearing where the ALJ found in favor of Wasmund and ordered the insurer to cover future treatment expense. The insurer appealed to the LIRC, arguing that Wis. Stat. sec. 102.18(1)(b)— the statute that authorizes orders for prospective medical treatment—did not apply to Wasmund’s injury because the statute became effective on January 1, 2002. As Wis. Stat. sec. 102.18(1)(b) is not listed in Wis. Stat. sec. 102.03(4) as an exception to the rule stated in that section that “the right to compensation and the amount of the compensation shall in all cases be determined in accordance with the provisions of law in effect as of the date of injury,” the insurer argued that the Department’s order was erroneous. Wasmund asserted that Wis. Stat. sec. 102.18(1)(b) was a procedural or remedial statute because it simply “improves or facilitates remedies already existing for the enforcement of rights and redress of injuries,” and that it could therefore be applied retroactively. The LIRC affirmed the ALJ and the insurer appealed to the circuit court, which affirmed the LIRC. The insurer appealed to the court of appeals. ... >> Read More...