Murphy v. Columbus McKinnon Corp., 2022 WI 109 (Dec. 28, 2022), gave the Wisconsin Supreme Court its first opportunity to interpret Wis. Stat. § 895.047, part of the Wisconsin Legislature’s 2011 product liability statute. Murphy also presented the court with a choice: In interpreting a statute that borrows liberally from the Restatement (Third) of Torts, should
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Seventh Circuit Announces a New Standard for Analyzing Violations of the Ex Post Facto Clause
Those who practice municipal law in the three states that make up the Seventh Circuit now have a new standard to consider when arguing that a law violates the Constitution’s Ex Post Facto Clause.
Laws that are both retroactive and penal run afoul of the Ex Post Facto Clause. Until recently, courts in the Seventh…
Seventh Circuit Addresses Mandatory Local Controversy Exception to the Class Action Fairness Act
Since its enactment in 2005, the Class Action Fairness Act (CAFA) has provided defendants with additional opportunities to remove state-law claims to federal court. Among other things, the statute expands federal courts’ diversity jurisdiction to cases where at least one proposed class member is a citizen of a state different than at least one defendant,…
Seventh Circuit Confronts Wisconsin’s “Risk-Contribution” Theory in Reversing $6 Million Lead Paint Verdict
The back-and-forth between Wisconsin’s legislature and its supreme court created a unique six-year window from 2005-2011 when plaintiffs could sue manufacturers of white lead carbonate, a substance formerly used in some paints, under a tort theory called “risk-contribution.” This theory allows a plaintiff who can identify the product he asserts caused his injury—but not its…
Seventh Circuit Holds That Federal Military Leave Statute Might Mandate Paid Leave
Employers—particularly those in Illinois, Indiana and Wisconsin—should revisit their military leave policies in light of the Seventh Circuit’s holding in White v. United Airlines Inc., No. 19-2546 (Feb. 3, 2021), that failure to provide paid military leave, while simultaneously offering paid time off for other absences such as for jury duty or sick leave,…
Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions
On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt Collection Practices Act (“FDCPA”). The court—in five opinions resolving six different appeals arising out of putative class actions—revisited the…
Wisconsin Municipalities May Not Appeal a Board of Review’s Reduction of Property Tax Assessment
The old adage tells us that you can’t fight city hall, but a recent decision from Wisconsin’s court of appeals, which handed a victory to property taxpayers who received a favorable decision from a board of review, teaches that sometimes city hall can’t fight back.
In State ex rel. City of Waukesha v. City of…
Arbitrator Snooze … You Lose? A Reminder to Raise Specific Objections to an Arbitrator First, or Risk Forfeiting Them on Appeal
You represent a business owner who ends up arbitrating a dispute with a supplier. After spending tons of time and money preparing for the 5-day evidentiary hearing, you look up to hear snoring from the arbitrator – he fell asleep for part of the proceedings! Surely you’ll be able to get the result vacated by…
Seventh Circuit Respects Corporate Formalities in Assessing Title VII Coverage
Under most of the federal civil rights laws, employers are covered only if they employ 15 or more employees. See, e.g., 42 U.S.C. § 2000e(b) (Title VII). Businesses that employ fewer than 15 employees are not subject to the laws, the result of a Congressional policy judgment that requiring smaller enterprises to understand and follow…
Seventh Circuit Addresses Waiver of Right to Arbitrate
The Seventh Circuit’s decision in Brickstructures, Inc. v. Coaster Dynamix, Inc., No. 19-2187 (March 11, 2020), highlights the challenges that a party faces when appealing a district court’s finding that it has waived the right to arbitrate.
The parties in Brickstructures entered into a joint-venture agreement to create a LEGO-compatible model rollercoaster kit. When the collaboration…