On June 1, 2022 the Wisconsin Supreme Court unanimously found that the Plaintiffs – a group of bars and restaurants led by named Plaintiff Colectivo Coffee – did not have insurance coverage for the financial losses they suffered from the COVID-19 shutdown. This is the first ruling on COVID coverage by our Supreme Court. Colectivo and the group of various bars and restaurants that joined together...
On Tuesday, November 16, 2021, litigation pending in several federal circuits regarding the federal vaccine/testing mandate described below was consolidated in the U.S. Court of Appeals for the Sixth Circuit. Below, we summarize the mandate, discuss the various court developments, and provide guidance as to steps employers could take while the legal challenges continue. OSHA Issues ETS Mandate...
By: Lisa Kleiner Wood and Ethan C. Geis As states begin to reopen and loosen restrictions on public gatherings and business closures in response to the COVID-19 pandemic, business managers, event coordinators, and property owners are seeking to get back to a semblance of normalcy. However, at least in the near term, it appears that business will not be business-as-usual. Social distancing,...
On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The SBA explained that the...
By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing all "non-essential" businesses, prohibiting private...
By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new restrictions on the number of individuals allowed in retail stores at any point in time....
By: Brian C. Randall and Danielle S. Fadel On March 17, 2020, Governor Evers issued Emergency Order #5 to restrict mass gatherings of 10 or more people (as described in this article New Limits on Gatherings and Private Businesses in Wisconsin), which included a mandate that restaurants only offer take-out or delivery services as no in person seating would be permitted. Subsequently, on March 24,...
By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses of all sorts across the State of Wisconsin. “Mass gathering”...
By: Alexander T. Kay and Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of an event that the...
