Tuesday, March 2, 2010

Supreme Court arguments March 3, 2010

9:45 a.m. Hocking v. City of Dodgeville (2008AP2812) review of the Court of Appeals decision, 2009 WI App 108, 770 N.W.2d 761 (2009) granted 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).
Synopsis at Supreme Court accepts seven new cases


10:45 a.m. Roehl Transport, Inc. v. Liberty Mutual Ins. Co. (2008AP1303) certification by the Court of Appeals accepted 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.
Synopsis at Supreme Court accepts seven new cases


1:30 p.m. Tatera v. FMC Corporation (2008AP170) review of the Court of Appeals decision, 2009 WI App 80, 768 N.W.2d 198 (2009), granted 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?
Synopsis at Supreme Court accepts seven new cases