Advance eSheet January 30-February 3, 2017

(Wisconsin Court of Appeals, recommended for publication)

Easterling v. LIRC, 2016AP190, Feb 02, 2017 (see Bruce Vielmetti and Joe Forward posts following)

Court sides with fired bus driver on unemployment, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, 11:40 a.m. CT Feb. 2, 2017, Updated 12:24 p.m. CT Feb. 2, 2017

Appeals Court Reverses, Fired Worker Will Get Unemployment Benefits, by Joe Forward, WisBar News, Feb. 3, 2017

(Wisconsin Court of Appeals, per curiam)

MillerCoors LLC v. Millis Transfer Inc., 2015AP1894, Feb 01, 2017. Millis was party to an agreement to transport Miller Coors products. A Millis employee was injured and sued. Millis's insurer, Zurich, declined MillerCoors's tender of defense under indemnification provision of agreement, but contributed to settlement. MillerCoors sued for defense costs. Zurich counterclaimed for its contribution to settlement. Indemnification provision for negligence had "except[ion] to the extent such negligence is that of [MillerCoors]". Summary judgement for MillerCoors was appealed. Court held "Although Millis did not have a duty to indemnify MillerCoors for MillerCoors's own negligent acts in claims or actions filed by Millis employees/agents, it did have a duty to defend MillerCoors in such actions when Millis or its employees/agents were claimed to be negligent." That one defendant is only partly liable does not conflict with its tender of a "full and unconditional" defense.

Sortedahl v. Wisconsin Employment Relations Commission, 2015AP1938, Feb 01, 2017. Appeal from denial of reinstatement after economic layoff from position as an assistant district attorney. Commission's determination that 'Weaver v. State Personnel Board', 71 Wis. 2d 46, 237 N.W.2d 183 (1976) did not require that "an employer to support its 'just cause' determination with documentary evidence that predates the layoff" was reasonable. In the absence of any administrative or statutory guidelines, employer's subjective evaluation of relative merit of employee is a reasonable basis.

Flores v. Cincinnati Ins. Co., 2015AP2407, Feb 02, 2017. Inmate alleged injury from negligence of another inmate while both were part of a crew working on the grounds of a not-for-profit organization under its contract with the Department of Corrections. Under contract, this project had inmates under supervision of a Department sergeant. Provision for training, or right to train, by Club not a basis for vicarious liability. General guidance by Club volunteer on how work was to be done did not create a master/servant relationship. Nothing indicated contract intended any benefit to inmates, so no basis for claim of breach of contract as third party beneficiary.

(Wisconsin Court of Appeals, one judge)

American Express Centurion Bank v. Hagen-Foley, 2016AP802, Feb 01, 2017. Creditor's counsel failed to appear for small claims trial and court dismissed its claims with prejudice and granted default judgement on counterclaim for violations of various collection practice laws. Court later denied motion to reopen except court changed dismissal to without prejudice. On appeal judgement on counterclaim "affirmed" based on "WIS. STAT. § 799.29(1)(a) ('There shall be no appeal from default judgments.')." While court below applied "excusable neglect" standard of WIS. STAT. § 806.07(1)(a) rather tha "good cause" standard of WIS. STAT. § 799.29(1)(a), there is no substantive difference when applied to calendaring error due to change of personnel in law firm representing Plaintiff. This was not "neglect which might have been the act of a reasonably prudent person under the same circumstances."

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

Casey v. Berryhill, No. 15-2810, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries, January 31, 2017, Government & Administrative Law and Public Benefits

P.H. Glatfelter Co. v. Windward Prospects Ltd., No. 16-1310, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries, January 31, 2017, Civil Procedure and Environmental Law

Dana Container, Inc. v. Secretary of Labor, No. 16-1087, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries, February 1, 2017, Government & Administrative Law and Labor & Employment Law



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Also of interest:

Candidates Announced for State Bar President-elect, Treasurer, and Judicial Council, WisBar News, JANUARY 30, 2017

Wisconsin Administrative Register No. 733B, Legislative Reference Bureau, January 30, 2017

On Pro Se Litigants: Three Circuit Court Judges Offer Their Views, Advice to Attorneys, by Lara Czajkowski Higgins, Czajkowski Higgins & Tisdale S.C., Prairie du Chien, Litigation Section Blog, State Bar of Wisconsin, JANUARY 31, 2017

Weird science in Wisconsin courts, Critic's Corner column by Michael D. Cicchini, Kenosha, Wisconsin Law Journal, January 31, 2017 10:56 am

If An Employee Fails to Return to Work from Leave, Can An Employer Label it a "Voluntary Resignation"? Randy T. Enochs, Milwaukee, January 31, 2017 1:43 PM

Attorney-Client Privilege Does Not Apply to Former Employees, by Carl A. Aveni, Litigation News – January 31, 2017

Cyber Liability Insurance: Consider—But Be Careful As Insurance Company May Deny A Claim, by John C. Mitby, Hurley Burish & Stanton S.C., Madison, Wisconsin Defense Counsel, Feb 1, 2017

West's Jury Verdicts, Bench Decisions, Settlements, and Arbitration Awards, Inside Track, Feb. 1, 2017

Wisconsin Supreme Court Clarifies Required Assessment Methodology for Section 42 Housing, by Eric J. Hatchell, Foley & Lardner LLP, Madison, 1 FEBRUARY 2017

Self-Driving Cars: The Reasonable Computer, by Christopher J. Robinette, Widener Commonwealth Law School, TortsProf Blog, February 1, 2017

The Robot Lawyer, Dilbert, by Scott Adams, February 01, 2017

Monthly Argument Calendar: For the Session Beginning March 20, 2017, Supreme Court of the United States, February 3, 2017, includes 'Murr v. Wisconsin'

Hamilton Political Tidbits – February 3, 2017, The Hamilton Consulting Group, Madison

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

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

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

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

WAWCA 2017 Spring Seminar, February 9, 2017, Middleton, Wisconsin Association of Workers Compensation Attorneys

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 Feb 6th-10th 2017, Milwaukee Federalists, February 5, 2017 5:06 PM

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