Advance eSheet February 13-17 and 20-24, 2017

(Wisconsin Court of Appeals, recommended for publication)

Clear Channel Outdoor Inc. v. City of Milwaukee, 2015AP1876, Feb 21, 2017.
"Chapter 70 of the Wisconsin Statutes and 'Adams Outdoor Advertising, Ltd. v. City of Madison' [footnote omitted] established that the billboard permits were taxable real property".
"Because GPS accomplishes the identification of a precise location, we conclude that the City's method of using GPS here is consistent with § 70.23. Accordingly, nothing in § 70.23 contradicts our conclusion that billboard permits are real property under § 70.03."
There is not violation of the unitary rule because "the interest being taxed here is not separate, but is itself, real property."
There was no denial of equal protection because "[o]f the permits mentioned, only the billboard permits can be considered 'inextricably intertwined' with the land, and only the billboard permits are therefore taxable."
For the same reason, there is no violation of "article VIII, section 1 of the Wisconsin Constitution", the Uniformity Clause.

(Wisconsin Court of Appeals, unpublished signed panel opinion)

Olson v. Ivanovic, 2015AP1803, Feb 22,2017. Lack of proper personal service precludes default judgement. Those parties were not required to move for dismissal on that basis within 45 days of improper service. See WIS. STAT. § 806.02. Parties were in privity where underlying dispute arose from agreement between their respective corporations. Claims raised in subsequent litigation were not distinct and so were precluded by the prior arbitration of the dispute.

Drexler v. McMillan Warner Mutual Ins. Co., 2015AP2047, Feb 22, 2017. Plaintiff's decedent died due to a collision with a horse on the roadway, allegedly due to horses being at large due to negligent maintenance of an enclosure. The defendant owner of the land denied liability because the land had been leased to the owner of the horse, with the lessee responsible for maintenance of the enclosure. The court affirmed summary judgement, applying 'Smaxwell v. Bayard', 2004 WI 101, 274 Wis. 2d 278, 682 N.W.2d 923. A landlord is not liable in such circumstances absent some role, separate from that of landlord, involving custody or care of the animal.

(Wisconsin Court of Appeals, per curiam)

Dovin v. Saini, 2016AP547, Feb 14, 2017. Plaintiff's medical malpractice action was dismissed for lack of an expert witness on liability. Plaintiff could not name an expert because potential experts did not have the necessary records of Plaintiff's treatment to review. Defense had used authorization from Plaintiff to obtain records, and had provided copies of these to Plaintiff's predecessor counsel. Affirmed.

City of Milwaukee v. Hayes, 2015AP2523, Feb 21, 2017. Court was not bound by a concession of law, here City's concession to taxpayer's assertion that that equitable estoppel could apply, in addition to statutory defenses, to foreclosure for unpaid property taxes.

MH Imaging LLC v. K&K Holdings LLC, 2015AP2552, Feb 22, 2017. Individual member of LLC landlord negotiated lease of retail space to Plaintiff, but then renewed lease of existing tenant. This action was against interest of LLC, and so took individual outside corporate immunity, and so individual was liable for misrepresentation, WIS. STAT. § 100.18 and § 183.0304. Economic loss doctrine does not apply to this misrepresentation, and does not apply because there was no contractual relationship between Plaintiff and individual Defendant. Knowingly telling Plaintiff space would be available was a misrepresentation to the public under WIS. STAT. § 100.18.

Manowske v. Wisconsin Central Ltd., 2016AP147, Feb 22, 2017. Railroad employee brought action under Federal Employers' Liability Act for injury from slip and fall when he slipped on icy manhole cover stepping from vehicle to building door. Summary judgement for employer on the ground the accident was not foreseeable reversed "in light of the FELA's relaxed liability standard".

(Wisconsin Court of Appeals, one judge)

Dane County DHS v. J. B., 2016AP2422, Feb 16, 2017 (see On Point post following)

Erroneous admission of social worker's expert testimony on ultimate issue was harmless, On Point, Wisconsin State Public Defender, FEBRUARY 16, 2017

Estate of Matteson v. Nelson, 2016AP001778, Feb 22, 2017. Earlier motion to reopen default judgement on ground Defendant had not been served hs had been denied, and denial affirmed on appeal. Second motion to reopen eleven months later was on ground landlord's claimed damages and repairs had not occurred, were not caused by tenant's child, and motion included photos taken nine months after earlier motion. Denial of second motion on ground all bases for it were available at time of first, including taking photos, affirmed.

(U.S. Court of Appeals for the Seventh Circuit)

Roake v. Forest Preserve District of Cook County, No. 16-2976, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries, February 17, 2017, Civil Rights, Constitutional Law and Labor & Employment Law

Wright v. Calumet City, No. 16-2219, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries, February 17, 2017, Civil Procedure, Civil Rights, Class Action, Constitutional Law and Criminal Law

Evergreen Square of Cudahy v. Wisconsin Housing & Economic Development Authority, No. 16-1475, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries, February 17, 2017, Contracts, Government Contracts, Landlord - Tenant and Real Estate & Property Law

Indianapolis Airport Authority v. Travelers Property Casualty Co., No. 16-2675, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries, February 17, 2017, Civil Procedure and Insurance Law

 

Calendar:

WDC Journal articles for the Spring 2017 issue due March 1st to editor Andrew Hebl

Membership dues for 2017 are due by March 31st, payable via the WDC website

WDC 2017 Awards: Advocate of the Year Award; Distinguished Professional Service Award; Government Service Award; submit nominations by April 1st

Publication Award for past year's Journal, submit nominations to Journal editor Andrew Hebl by April 1st

WDC Spring Conference, Kohler, April 20th-21st

WDC Summer Conference, Wisconsin Dells, August 3rd-4th

DRI Upcoming Events

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Also of interest:

Wisconsin Administrative Register No. 734A2, Legislative Reference Bureau, February 13, 2017

Business Court Docket Pilot Program on the Horizon in Wisconsin, by Bruce N. Murphy, Conway Olejniczak & Jerry S.C., Green Bay, Business Law Section Blog, State Bar of Wisconsin, FEBRUARY 14 2017

West's Jury Verdicts, Bench Decisions, Settlements, and Arbitration Awards, Inside Track, Feb. 15, 2017

Employers and Social Media in the Workplace, by Timothy Edwards, Madison, Labor ? Employment Blog, State Bar of Wisconsin, FEBRUARY 15 2017

The Current State of Medical Malpractice Litigation in Wisconsin, by Patricia Epstein Putney, Bell Moore & Richter S.C., Madison, Litigation Section Blog, State Bar of Wisconsin, FEBRUARY 15 2017

Wisconsin Administrative Register No. 734A3, Legislative Reference Bureau, February 20, 2017

Happy Hour Not So Happy for Employers, by Aneet Kaur, Peterson Johnson & Murray S.C., Madison, Labor ? Employment Blog, State Bar of Wisconsin, FEBRUARY 24 2017

Hamilton Political Tidbits - February 24, 2017, Hamilton Consulting Group, Madison

Fantasy League Update, by Alan Ball, SCOWstats, February 25, 2017

Equal Rights Decisions, Labor and Industry Review Commission, December 2016

Equal Rights Decisions, Labor and Industry Review Commission, January 2017

Unemployment Insurance Decisions, Labor and Industry Review Commission, December 2016

Unemployment Insurance Decisions, Labor and Industry Review Commission, January 2017

Young Lawyers Division Board Elections – Nomination Deadline March 1, Inside Track, Dec. 7, 2016

Workers Compensation Advisory Council (WCAC) - Meeting March 14, 2017 10:00 A.M. - 4:00 P.M

You Be the Unemployment Insurance (UI) Judge, Labor Law Training Series: "Friday Fundamentals", Department of Workforce Development, 3/3/17

Supreme Court Digest, by Profs. Daniel D. Blinka and Thomas J. Hammer, Marquette University Law School, Wisconsin Lawyer - February 2017, Feb. 8, 2017; Evidence, Taxation

Top 2016 Malpractice Claims: Resolve to Reduce Risk, by Thomas J. Watson, Wisconsin Lawyers Mutual Insurance Co., Madison, Wisconsin Lawyer - February 2017, Feb. 8, 2017

Client Files: Good Business Practices = Good Ethics, by Dean R. Dietrich, Ruder Ware L.L.S.C., Wausau, Wisconsin Lawyer - February 2017, Feb. 8, 2017

The "Uberization" of Legal Services: Consistent with Ethics Rules? by Aviva Meridian Kaiser, ethics counsel, State Bar of Wisconsin, Madison, Wisconsin Lawyer - February 2017, Feb. 8, 2017

Wisconsin appellate court week February 27th-March 3rd 2017, Milwaukee Federalists, February 26, 2017 6:11 PM


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