Justia Wisconsin Supreme Court Opinion Summaries

The two plaintiffs in this case, Wisconsin Public Service Corporation (WPSC) and Associated Electric & Gas Insurance Services Limited (AEGIS), brought suit against the defendant, Arby Construction, Inc. (Arby), for indemnification of the damages that the plaintiffs paid in the settlement of a tort suit in federal court. The circuit court dismissed the AEGIS claim against Arby on the basis of claim preclusion. At issue on appeal was whether AEGIS raised, in the form of an affirmative defense, a cross-claim against Arby in the prior federal action and was therefore precluded from pursuing the same claim in this action because the claim was adjudicated in the federal judgment of dismissal. The Supreme Court affirmed the court of appeals, which affirmed the circuit court, holding that AEGIS's claim was raised, in substance, in the prior federal action and was decided. Therefore, the claim was subject to claim preclusion and was properly dismissed by the circuit court. View "Wis. Pub. Serv. Corp. v. Arby Constr., Inc." on Justia Law

At issue in this case was whether the Public Service Commission of Wisconsin (PSC) correctly concluded the Wisconsin Power and Light's (WPL) application to construct a large, out-of-state, electric generating facility was properly reviewed under Wis. Stat. 196.49(3), the certificate of authority (CA) statute, or whether Wis. Stat. 196.491(3), the certificate of public convenience and necessity (CPCN) statute, should have been applied. The Supreme Court affirmed the circuit court's order, which affirmed the PSC's interim order, holding that the PSC's interpretation of the CPCN law as applying exclusively to in-state facilities and its decision to analyze WPL's application under the CA law were reasonable, and there was not a more reasonable interpretation of the CA and CPCN laws. View "Wis. Indus. Energy Group v. Pub. Serv. Comm'n" on Justia Law

This case concerned a circuit court's order to transfer to a tribal court a civil suit that was brought against a tribally owned entity by a nonmember of the tribe. The question before the Supreme Court was whether the circuit court erroneously exercised its discretion when it transferred the action to tribal court. At issue was the interpretation and application of Wis. Stat. 801.54, which authorizes the circuit court, in its discretion, to transfer an action to the tribal court and sets forth the conditions for doing so. The court of appeals affirmed. The Supreme Court reversed, holding that because the facts and the applicable law were not fully stated and considered together in making the determinations that the statute requires, the order to transfer was an erroneous exercise of the circuit court's discretion. Remanded. View "Kroner v. Oneida Seven Generations Corp." on Justia Law

In this case the Supreme Court was asked to decide whether a charitable hospital may pursue payment for medical care provided to a Medicaid-eligible patient by filing a lien against a settlement between the patient and an insurance company covering the liability of a tortfeasor responsible for the patient's injuries. To answer the question, the Court balanced the complex state and federal legal framework surrounding Medicaid with Wis. Stat. 779.80 (hospital lien statute). The Court concluded that the soundest harmonization of the two permitted the liens at issue here. In so doing, the Court reversed the court of appeals, which reversed the circuit court's reasoning that the hospital was authorized to either file the liens or bill Medicaid. View "Gister v. Am. Family Mut. Ins. Co." on Justia Law

The Town of Magnolia granted an application for a livestock facility siting permit submitted by Larson Acres, Inc., but imposed several conditions on the permit. The State Livestock Facilities Siting Review Board affirmed with modifications the permit, determining that certain conditions exceeded the Town's legal authority. The circuit court reversed and remanded the cause to the Siting Board, concluding that the Town acted within its lawful authority when it imposed the conditions. The court of appeals reversed. The Supreme Court affirmed, holding that the Town impermissibly conditioned the terms of the siting permit without following the guidelines set forth by the legislature. View "Adams v. State" on Justia Law

The Town of Dell Prairie, in renewing the Class "B" and "Class B" alcohol beverages licenses (hereinafter "license") of Wisconsin Dolls, reduced the described premises of the license from the entire eight acres of Wisconsin Dolls' resort property to only the Main Bar / Entertainment Building of the resort. The circuit court dismissed Wisconsin Dolls' certiorari action challenging the reduction. The court of appeals affirmed on different grounds, holding that the original license was void because it failed to particularly describe the premises to which it applied. The Supreme Court reversed, holding (1) the original license granted to Wisconsin Dolls was not void due to an insufficient description of the premises; and (2) the Town exceeded its authority when it modified the description of the premises in renewing Wisconsin Dolls' alcohol beverages license, as the Town here did not proceed on a correct theory of law in modifying the license. Remanded to the circuit court to order the Town to restore the premises description to Wisconsin Dolls' former and current alcohol beverages licenses. View "Wis. Dolls, LLC v. Town of Dell Prairie" on Justia Law

This case arose from a fatal motorcycle accident in which Steven Wadzinski was struck and killed by an uninsured motorist. Steven's wife, Michelle, sought uninsured motorist (UM) coverage under an umbrella insurance policy that Steven's company carried on him at the time of his death. At issue was the meaning of an endorsement to the executive umbrella policy, and whether that endorsement caused contextual ambiguity such that a reasonable insured would expect $2,000,000 of UM coverage under the policy. The circuit court held that the executive umbrella policy was clearly intended to provide only third-party liability coverage and granted summary judgment in favor of Auto-Owners Insurance Company. The court of appeals reversed, concluding that the executive umbrella policy was contextually ambiguous, and therefore, the policy should be construed in favor of the insured to afford coverage. The Supreme Court reversed, concluding that the policy at issue unambiguously did not afford first-party UM coverage, and therefore, the circuit court's summary judgment in favor of Auto-Owners was proper. View "Wadzinski v. Auto-Owners Ins. Co." on Justia Law

A jury found Defendant guilty of several crimes stemming from allegations involving four teenage girls. Defendant appealed, challenging his conviction on four grounds. The Supreme Court affirmed the judgment of the circuit court, holding (1) there was sufficient evidence to convict Defendant of interference with child custody; (2) the circuit court did not err in denying Defendant's motion to dismiss five of the seven counts of second-degree sexual assault of a child as multiplicitous in violation of Defendant's constitutional protection against double jeopardy, as the five offenses, while identical in law, were different in fact; (3) the admission at trial of Defendant's mug shot did not deprive Defendant of his right to a fair trial; and (4) the circuit court appropriately exercised its discretion in ordering Defendant to wear a stun belt at trial. View "State v. Ziegler" on Justia Law

At issue in these two consolidated appeals was whether Wis. Stat. 980 requires the dismissal of a pending commitment petition when the individual subject to the petition is re-incarcerated because of the revocation of parole or extended supervision. This appeal involved two defendants committed under chapter 980 after their parole and extended supervision was revoked. The court of appeals affirmed the circuit court and held that dismissal of a Wis. Stat. 980 proceeding was not required when the subject of the petition is transferred to the custody of the Department of Corrections before a chapter 980 commitment order is entered. The Supreme Court affirmed, holding (1) the State may proceed with a chapter 980 commitment after the revocation of a subject individual's parole or extended supervision; and (2) therefore, both of the chapter 980 commitments at issue in this case were valid. View "State v. Hunt" on Justia Law

The questions before the Supreme Court in this case stemmed from damages sustained because of food contaminated by E. coli pathogens at two Sizzler Steak House restaurants. The plaintiffs in the underlying actions settled years ago, and the claims before the Court related to the apportionment of liability and costs among those who were defendants in the underlying actions. The defendants included Sizzler and Excel corporation, which processed and distributed the contaminated meat that was source of the E. coli pathogens. Among the plaintiffs was the estate of Brianna Kreifall, who died from the contaminated food. The court of appeals affirmed in part and reversed in part the circuit court. The Supreme Court affirmed on all issues, holding, inter alia, that (1) Sizzler was entitled to recover consequential damages for Excel's breach of implied warranties in the parties' meat supply contract; (2) Sizzler was entitled to indemnity from Excel for the entirety of Sizzler's advance partial payment to the Kriefall family; and (3) notwithstanding the jury's determination that Sizzler was zero percent responsible for the E. coli contaminated food, Sizzler may not recover attorney fees from Excel because the exception to the American Rule did not apply here. View "Estate of Kriefall v. Sizzler USA Franchise, Inc." on Justia Law