Advance eSheet February 6-10, 2017

(Wisconsin Court of Appeals, unpublished signed panel opinion)

Krebsbach v. MMIC Insurance Inc., 2016AP179, Feb 08, 2017. In medical malpractice action, jury instruction asked did physician "fail to disclose to Tina Krebsbach the risks and benefits of proceeding with a vaginal delivery and the alternative of a delivery by cesarean section?" After verdict for plaintiff, court granted motion for new trial on ground that whether alternative should have been presented to patient was itself a jury question. Retrial resulted in defense verdict. Plaintiff appealed on ground new trial should not have been granted. On appeal, court holds objection to plaintiff's proposed instruction and providing proper alternative instruction was sufficient, even if explanation of objection at verdict conference was less clear than in post-trial motion. [Trial judge commented "that's normal."] see WIS. STAT. § 805.13(3) (2015-16). Since in circumstance of this case jury could find that a reasonable patient would not have wanted information about cesarean section, form of question at first trial was improper. That plaintiff's counsel's closing argument was consistent with the applicable law did not cure the error.

(Wisconsin Court of Appeals, per curiam)

Northern Trust Co. v Styberg, 2016AP19, Feb 08, 2017. Quiet-title case. "The court concluded that Smith failed to show that it adversely possessed the disputed area for twenty continuous years, a requirement to obtain title by adverse possession under WIS. STAT. § 893.25 (2015-16). [footnote omitted] We affirm because Smith's predecessor in interest lacked the subjective intent to assert ownership to the parcel."
That prior owner testified that "he would not have made improvements to the claimed parcel had he known Styberg owned it. He also testified that the improvements were not done with an intent to acquire an interest in it."

Jordan v. Wille, 2015AP2636, Feb 09, 2017. Misrepresentation action turning on whether or not MLS listing showing tillable acreage properly included "marsh hay land", that is, "otherwise uncultivatable land on which, during growing seasons, grass grows that may be readily harvested and that is suitable for sale or productive use on a farm." Jury found misrepresentation but no damages. On appeal, court upheld admission as relevant of Agricultural Assessment Guide (Rev. 12/2013) on definition of tillable land as including marsh hay land. Objection to it as a "tax document" irrelevant to a non-tax case did not preserve issue on appeal framed as "improper imprimatur of legal authority". Trial court had allowed plaintiff's expert to testify as to another government agency's definition and to own expert opinion.

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

Bird v. Berryhill, No. 16-2000, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries, February 11, 2017; Labor & Employment Law and Public Benefits

 

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:

Property and Casualty Advisory Council, by William J. Toman, Quarles & Brady LLP, Madison, 02/06/17

Wisconsin Administrative Register No. 734A1, Legislative Reference Bureau, February 6, 2017

EEOC Says Mental Health Conditions are Disabilities, by Colin Good, Hawks Quindel S.C., Madison, Feb 6, 2017

The 2016 Consumer Review Fairness Act and Non-Disparagement Clauses in Form Contracts, by Emory Ireland, and Maximilian Traut, Foley & Lardner LLP, Milwaukee, Business Law Section Blog, State Bar of Wisconsin, FEBRUARY 06 2017

Wisconsin Insurance Law Year in Review, by Jeffrey O. Davis, Keith A. Bruett, Patrick S. Nolan, Patrick J. Murphy, Brandon R. Gutschow, Alexandra W. Shortridge, and Joseph Poehlmann, Quarles & Brady LLP, Milwaukee, 02/07/17

Court of Appeals Digest, by Profs. Daniel D. Blinka and Thomas J. Hammer, Marquette University Law School, Wisconsin Lawyer - February 2017, Feb. 8, 2017; Creditor-Debtor Law, Real Property, Torts

Ethics Opinion EF-16-03: Surrender the Client File upon Termination of Representation, Wisconsin Lawyer - February 2017, Feb. 8, 2017

The Definition of Negotiation: A Play in Three Acts, by Andrea Kupfer Schneider, Marquette University Law School, Noam Ebner, Creighton University School of Law, David Matz, University of Massachusetts Boston, and John Lande, University of Missouri School of Law, Missouri Journal of Dispute Resolution 2017 (1), Marquette Law School Legal Studies Paper No. 17-06, Posted: 23 Jan 2017 Last revised: 8 Feb 2017

Wisconsin Supreme Court Addresses Expert Testimony Under Daubert, by Aaron R. Wegrzyn, Foley & Lardner LLP, Milwaukee, 09 FEBRUARY 2017

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit, by Russell W. Wilson, Ruder Ware L.L.S.C., Wausau, February 9, 2017

State Farm Fire and Casualty Co. v. U.S. ex rel. Rigsby - Post-Decision SCOTUScast featuring Lawrence Ebner, The Federalist Society, February 09, 2017

Judge Gorsuch and Products Liability Cases, by Christopher J. Robinette, Widener Commonwealth Law School, TortsProf Blog, February 9, 2017

Recent Political Events a Strong Reminder for Employment Law Training, by Walcheske & Luzi LLC, Brookfield, February 9, 2017

A Positive Step Forward: Supreme Court Approves Drafting Role for Lawyer-mediators, by Michael J. Dwyer, Circuit Judge, Milwaukee County, and Susan A. Hansen, Hansen & Hildebrand S.C., Milwaukee, Dispute Resolution Section Blog, State Bar of Wisconsin, FEBRUARY 10 2017

Hamilton Political Tidbits: Budget Edition – February 10, 2017, Hamilton Consulting Group, Madison

Walker budget axes Wisconsin's independent employment review agency, by Aaron P. McCann, Godfrey & Kahn S.C., Green Bay, February 10, 2017

HIPAA Small Breach Notifications Due to OCR March 1, by Meghan C. O'Connor, von Briesen & Roper s.c., Milwaukee, FEB 10 2017

Fantasy League Update, by Alan Ball, SCOWstats, February 10, 2017

Workers Compensation Decisions, Labor and Industry Review Commission, October 2016

Workers Compensation Decisions, Labor and Industry Review Commission, November 2016

Workers Compensation Decisions, Labor and Industry Review Commission, December 2016

Workers Compensation Decisions, Labor and Industry Review Commission, January 2017

Proposal Eliminates Court Reporters in Work Comp Cases, Other Hearings, by Joe Forward, Inside Track, Feb. 1, 2017

Risk Management Magazine - February 2017, The Risk Management Society

Workers Compensation Advisory Council (WCAC) - Meeting February 14, 2017

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track, Dec. 7, 2016

Unemployment Insurance Advisory Council - meeting February 16, 2017

Wisconsin appellate court week February 13th-17th 2017, Milwaukee Federalists, February 12, 2017 7:39 PM

 

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