The Wisconsin Supreme Court posted an updated Table of Pending Cases [
html |
pdf] which "Added the recently accepted cases"
Pries v. McMillon (2008AP89) review of the Court of Appeals
decision, 2008 WI App 167, 314 Wis. 2d 706, 760 N.W.2d 174 (2008), granted November 3, 2009 on the issue:
Whether a public employee’s duty of care falls within the “grave and compelling danger” exception to public officer immunity recognized in Cords v. Anderson, 80 Wis. 2d 525, 259 N.W.2d 672 (1977).
Tatera v. FMC Corporation (2008AP170) review of the Court of Appeals
decision, 2009 WI App 80, 768 N.W.2d 198 (2009), granted November 3, 2009 on the issues:
Do the facts of this case fit within one of the two “narrow exceptions” to the general rule (confirmed in Wagner v. Continental Cas. Co., 143 Wis. 2d 379, 421 N.W.2d 835 (1988)) that a principal employer is not liable in tort for injuries sustained by an employee of an independent contractor?
Whether Wisconsin law permits the application of Restatement (Second) of Torts §402A (1965) against a corporation that provided an unreasonably dangerous product to a machine shop for alteration that caused injury to a worker at the machine shop?
Does an “affirmative act of negligence” as defined in Wagner include a failure to warn claim premised upon Restatement (Second) of Torts, §388?
Does “abnormally dangerous or extrahazardous” work as defined in Wagner include machining asbestos containing friction disks?
Roehl Transport, Inc. v. Liberty Mut. Ins. Co. (2008AP1303) certification by the Court of Appeals accepted November 3, 2009 on the issues:
Whether Wisconsin law recognizes an insured’s bad faith claim against its liability insurer for failing to reasonably defend the insured’s high deductible.
Whether attorney fees in a bad faith action must be decided by the jury or whether they may be awarded post-trial by the court.
State v. Michael R. Hess (2008AP2231-CR) review of the Court of Appeals
decision, 2009 WI App 105, 770 N.W.2d 769 (2009), granted November 3, 2009 on the issue:
Did the good-faith exception to the exclusionary rule (see State v. Eason, 2001 WI 98, 245 Wis. 2d 206, 629 N.W.2d 625) apply when evidence of a crime was discovered by a law enforcement officer while executing an arrest warrant that was improperly issued by a circuit court?
Hocking v. City of Dodgeville (2008AP2812) review of the Court of Appeals
decision, 2009 WI App 108, 770 N.W.2d 761 (2009) granted November 3, 2009 on the issues:
Whether a municipality’s representations concerning water drainage qualify as an exception under the statute of repose, Wis. Stat. §893.89(4)(b).
Whether a municipality’s alleged negligence qualifies as an exception to Wis. Stat. §893.89(4)(c).
Mercycare Ins. Co. v. Wisconsin Commissioner of Ins. (2008AP2937) certification by the Court of Appeals accepted November 3, 2009 on the issues:
Whether Wis. Stat. §632.895(7) permits an insurer to exclude maternity coverage for an insured acting as a surrogate mother.
What level of deference, if any, should be accorded by the court to a decision issued by the Office of the Commissioner of Insurance?
Estate of Sheppard v. Schleis (2009AP1021) bypass of the Court of Appeals granted November 3, 2009 on the issues:
Does Internal Revenue Code §2207B (26 U.S.C. 2207B) require a beneficiary to reimburse the estate for federal tax liability incurred on payable on death (POD) accounts?
When the deceased is intestate, does the doctrine of limited equitable apportionment require the beneficiary of POD accounts to pay both federal and Wisconsin estate taxes incurred on such non-probate property?
Is the beneficiary’s agreement to pay her proportional share of federal and Wisconsin estate taxes enforceable in either law or in equity?
