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: 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: Brian J. Pfeil and Christopher M. Meuler The restrictions put in place to halt the spread of COVID-19 – such as limiting crowd size, closing restaurants and taverns, and shuttering of professional sports leagues - are critically stressing many of your businesses. One possible form of relief to the financial stress is insurance coverage, including business interruption and contingent business...
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...
